Nevada § 40.253 - Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent

§ 40.253. Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent

1. Except as otherwise provided in subsection 12, in addition to the remedy provided

in NRS 40.2512 and 40.290 to 40.420 , inclusive, when the tenant of any dwelling, apartment, mobile home or recreational

vehicle with periodic rent reserved by the month or any shorter period is in default

in payment of the rent, the landlord or the landlord's agent may cause to be served

a notice in writing, requiring in the alternative the payment of the rent or the surrender

of the premises: (a) Before the close of business on the seventh judicial day following the day of

service; or (b) If the landlord chooses not to proceed in the manner set forth in paragraph (a)

and the rent is reserved by a period of 1 week or less and the tenancy has not continued

for more than 45 days, at or before noon of the fourth full day following the day

of service. As used in this subsection, “ day of service ” means the day the landlord or the landlord's agent personally delivers the notice

to the tenant. If personal service was not so delivered, the “ day of service ” means the day the notice is delivered, after posting and mailing pursuant to subsection

2, to the sheriff or constable for service if the request for service is made before

noon. If the request for service by the sheriff or constable is made after noon, the “day

of service” shall be deemed to be the day next following the day that the request

is made for service by the sheriff or constable. 2. A landlord or the landlord's agent who serves a notice to a tenant pursuant to

paragraph (b) of subsection 1 shall attempt to deliver the notice in person in the

manner set forth in subsection 2 of NRS 40.2542 . If the notice cannot be delivered in person, the landlord or the landlord's agent: (a) Shall post a copy of the notice in a conspicuous place on the premises and mail

the notice by overnight mail; and (b) After the notice has been posted and mailed, may deliver the notice to the sheriff

or constable for service in the manner set forth in subsection 1 of NRS 40.280 . The sheriff or constable shall not accept the notice for service unless it is accompanied

by written evidence, signed by the tenant when the tenant took possession of the premises,

that the landlord or the landlord's agent informed the tenant of the provisions of

this section which set forth the lawful procedures for eviction from a short-term

tenancy. Upon acceptance, the sheriff or constable shall serve the notice within 48 hours

after the request for service was made by the landlord or the landlord's agent. 3. A notice served pursuant to subsection 1 or 2 must: (a) Identify the court that has jurisdiction over the matter; and (b) Advise the tenant: (1) Of the tenant's right to contest the matter by filing, within the time specified

in subsection 1 for the payment of the rent or surrender of the premises, an affidavit

with the court that has jurisdiction over the matter stating that the tenant has tendered

payment or is not in default in the payment of the rent; (2) That if the court determines that the tenant is guilty of an unlawful detainer,

the court may issue a summary order for removal of the tenant or an order providing

for the nonadmittance of the tenant, directing the sheriff or constable of the county

to post the order in a conspicuous place on the premises not later than 24 hours after

the order is received by the sheriff or constable. The sheriff or constable shall remove the tenant not earlier than 24 hours but not

later than 36 hours after the posting of the order; and (3) That, pursuant to NRS 118A.390 , a tenant may seek relief if a 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 or willfully interrupts or causes or permits the interruption of an essential

service required by the rental agreement or chapter 118A of NRS . 4. If the tenant files such an affidavit at or before the time stated in the notice,

the landlord or the landlord's agent, after receipt of a file-stamped copy of the

affidavit which was filed, shall not provide for the nonadmittance of the tenant to

the premises by locking or otherwise. 5. Upon noncompliance with the notice: (a) The landlord or the landlord's agent may apply by affidavit of complaint for eviction

to the justice court of the township in which the dwelling, apartment, mobile home

or recreational vehicle are located or to the district court of the county in which

the dwelling, apartment, mobile home or recreational vehicle are located, whichever

has jurisdiction over the matter. The court may thereupon issue an order directing the sheriff or constable of the

county to post the order in a conspicuous place on the premises not later than 24

hours after the order is received by the sheriff or constable. The sheriff or constable shall remove the tenant not earlier than 24 hours but not

later than 36 hours after the posting of the order. The affidavit must state or contain: (1) The date the tenancy commenced. (2) The amount of periodic rent reserved. (3) The amounts of any cleaning, security or rent deposits paid in advance, in excess

of the first month's rent, by the tenant. (4) The date the rental payments became delinquent. (5) The length of time the tenant has remained in possession without paying rent. (6) The amount of rent claimed due and delinquent. (7) A statement that the written notice was served on the tenant in accordance with NRS 40.280 . (8) A copy of the written notice served on the tenant. (9) A copy of the signed written rental agreement, if any. (b) Except when the tenant has timely filed the affidavit described in subsection

3 and a file-stamped copy of it has been received by the landlord or the landlord's

agent, and except when the landlord is prohibited pursuant to NRS 118A.480 , the landlord or the landlord's agent may, in a peaceable manner, provide for the

nonadmittance of the tenant to the premises by locking or otherwise. 6. Upon the filing by the tenant of the affidavit permitted in subsection 3, regardless

of the information contained in the affidavit, and the filing by the landlord of the

affidavit permitted by subsection 5, the justice court or the district court shall

hold a hearing, after service of notice of the hearing upon the parties, to determine

the truthfulness and sufficiency of any affidavit or notice provided for in this section. If the court determines that there is no legal defense as to the alleged unlawful

detainer and the tenant is guilty of an unlawful detainer, the court may issue a summary

order for removal of the tenant or an order providing for the nonadmittance of the

tenant. If the court determines that there is a legal defense as to the alleged unlawful

detainer, the court shall refuse to grant either party any relief, and, except as

otherwise provided in this subsection, shall require that any further proceedings

be conducted pursuant to NRS 40.290 to 40.420 , inclusive. The issuance of a summary order for removal of the tenant does not preclude an action

by the tenant for any damages or other relief to which the tenant may be entitled. If the alleged unlawful detainer was based upon subsection 5 of NRS 40.2514 , the refusal by the court to grant relief does not preclude the landlord thereafter

from pursuing an action for unlawful detainer in accordance with NRS 40.251 . 7. The tenant may, upon payment of the appropriate fees relating to the filing and

service of a motion, file a motion with the court, on a form provided by the clerk

of the court, to dispute the amount of the costs, if any, claimed by the landlord

pursuant to NRS 118A.460 for the inventory, moving and storage of personal property left on the premises. The motion must be filed within 20 days after the summary order for removal of the

tenant or the abandonment of the premises by the tenant, or within 20 days after: (a) The tenant has vacated or been removed from the premises; and (b) A copy of those charges has been requested by or provided to the tenant, whichever is later. 8. Upon the filing of a motion pursuant to subsection 7, the court shall schedule

a hearing on the motion. The hearing must be held within 10 days after the filing of the motion. The court shall affix the date of the hearing to the motion and order a copy served

upon the landlord by the sheriff, constable or other process server. At the hearing, the court may: (a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118A.460 and any accumulating daily costs; and (b) Order the release of the tenant's property upon the payment of the charges determined

to be due or if no charges are determined to be due. 9. The tenant may, upon payment of the appropriate fees relating to the filing and

service of a motion, file a motion with the court on a form provided by the clerk

of court to dispute the reasonableness of the actions of a landlord pursuant to subsection

3 of NRS 118A.460 . The motion must be filed within 5 days after the tenant has vacated or been removed

from the premises. Upon the filing of a motion pursuant to this subsection, the court shall schedule

a hearing on the motion. The hearing must be held within 5 days after the filing of the motion. The court shall affix the date of the hearing to the motion and order a copy served

upon the landlord by the sheriff, constable or other process server. At the hearing, the court may: (a) Order the landlord to allow the retrieval of the tenant's essential personal effects

at the date and time and for a period necessary for the retrieval, as determined by

the court; and (b) Award damages in an amount not greater than $2,500. 10. In determining the amount of damages, if any, to be awarded under paragraph (b)

of subsection 9, 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. 11. A landlord shall not refuse to accept rent from a tenant that is submitted after

the landlord or the landlord's agent has served or had served a notice pursuant to

subsection 1 if the refusal is based on the fact that the tenant has not paid collection

fees, attorney's fees or other costs other than rent, a reasonable charge for late

payments of rent or dishonored checks, or a security deposit. As used in this subsection, “ security deposit ” has the meaning ascribed to it in NRS 118A.240 . 12. Except as otherwise provided in NRS 118A.315 , this section does not apply to: (a) The tenant of a mobile home lot in a mobile home park or to the tenant of a recreational

vehicle lot in an area of a mobile home park in this State other than an area designated

as a recreational vehicle lot pursuant to the provisions of subsection 8 of NRS 40.215 . (b) A tenant who provides proof to the landlord that he or she is a federal worker,

tribal worker, state worker or household member of such a worker during a shutdown. 13. As used in this section, “ close of business ” means the close of business of the court that has jurisdiction over the matter.