Nevada § 118A.390 - Unlawful removal or exclusion of tenant or willful interruption of essential items or services; procedure for expedited relief

§ 118A.390. Unlawful removal or exclusion of tenant or willful interruption of essential items or services; procedure for expedited relief

1. If the landlord unlawfully removes the tenant from the premises or excludes the

tenant by blocking or attempting to block the tenant's entry upon the premises, willfully

interrupts or causes or permits the interruption of any essential item or service

required by the rental agreement or this chapter or otherwise recovers possession

of the dwelling unit in violation of NRS 118A.480 , the tenant may recover immediate possession pursuant to subsection 4, proceed under NRS 118A.380 or terminate the rental agreement and, in addition to any other remedy, recover the

tenant's actual damages, receive an amount not greater than $2,500 to be fixed by

the court, or both. 2. In determining the amount, if any, to be awarded under subsection 1, the court

shall consider: (a) Whether the landlord acted in good faith; (b) The course of conduct between the landlord and the tenant; and (c) The degree of harm to the tenant caused by the landlord's conduct. 3. If the rental agreement is terminated pursuant to subsection 1, the landlord shall

return all prepaid rent and any security deposit recoverable under this chapter. 4. Except as otherwise provided in subsection 5, the tenant may recover immediate

possession of the premises from the landlord by filing a verified complaint for expedited

relief for the unlawful removal or exclusion of the tenant from the premises, the

willful interruption of any essential item or service or the recovery of possession

of the dwelling unit in violation of NRS 118A.480 . 5. A verified complaint for expedited relief: (a) Must be filed with the court within 5 judicial days after the date of the unlawful

act by the landlord, and the verified complaint must be dismissed if it is not timely

filed. If the verified complaint for expedited relief is dismissed pursuant to this paragraph,

the tenant retains the right to pursue all other available remedies against the landlord. (b) May be consolidated with any action for summary eviction or unlawful detainer

that is already pending between the landlord and tenant. 6. The court shall conduct a hearing on the verified complaint for expedited relief

not later than 3 judicial days after the filing of the verified complaint for expedited

relief. Before or at the scheduled hearing, the tenant must provide proof that the landlord

has been properly served with a copy of the verified complaint for expedited relief. Upon the hearing, if it is determined that the landlord has violated any of the

provisions of subsection 1, the court may: (a) Order the landlord to restore to the tenant the premises or essential items or

services, or both; (b) Award damages pursuant to subsection 1; and (c) Enjoin the landlord from violating the provisions of subsection 1 and, if the

circumstances so warrant, hold the landlord in contempt of court. 7. The payment of all costs and official fees must be deferred for any tenant who

files a verified complaint for expedited relief. After any hearing and not later than final disposition of the filing or order, the

court shall assess the costs and fees against the party that does not prevail, except

that the court may reduce them or waive them, as justice may require.