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- 83rd Session (2025)
Assembly Bill No. 201–Assemblymember Roth
CHAPTER..........
AN ACT relating to evictions; requiring the automatic sealing of
certain eviction case court files under certain circumstances;
revising the circumstances under which a court is authorized
to seal certain eviction case court files; requiring the
automatic sealing of certain case court files related to
unjustified lockouts under certain circumstances; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides for the automatic sealing of certain eviction case court
files relating to an action for summary eviction. (NRS 40.2545) Section 1 of this
bill expands the circumstances under which an eviction case court file related to an
action for summary eviction is sealed automatically by providing for the automatic
sealing of any such file: (1) upon motion of the tenant, if the landlord does not file a
timely response opposing the motion ; or (2) if an appeal taken by a party to the
action is resolved in certain ways.
Existing law authorizes a court to seal an eviction case court file under certain
circumstances, including, without limitation, upon motion by the tenant, if the court
finds that sealing the eviction case court file is in the interests of justice and those
interests are not outweighed by the public’s interest in knowing ab out the contents
of the eviction case court file. (NRS 40.2545) Section 1 provides that the filing of a
motion to seal an eviction case court file more than 1 year after the date on which
the eviction order is entered creates a rebuttable presumption that sealing the
eviction case court file is in the interests of justice.
Existing law authorizes an occupant locked out of a dwelling by the owner or
an authorized representative of the owner to recover possession of the dwelling by
filing a verified complain t for reentry in justice court. Under existing law, if an
occupant files such a complaint, the court is required to hold a trial and, if the court
finds that the lockout was unjustified, issue a writ of restitution to restore
possession of the dwelling to the occupant. (NRS 40.416) Section 1.5 of this bill
provides for the automatic sealing of the case court file relating to a verified
complaint for reentry if the court finds that the lockout was unjustified and certain
conditions are met.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 40.2545 is hereby amended to read as follows:
40.2545 1. If a court grants an action for summary eviction
pursuant to NRS 40.253 during the COVID-19 emergency, the court
shall automatically seal the eviction case court file.
2. In addition to the provisions for the automatic sealing of an
eviction case court file pursuant to subsection 1, in any action for
summary eviction pursuant to NRS 40.253, 40.254 or 40.2 542, the
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eviction case court file is sealed automatically and not open to
inspection:
(a) Upon the entry of a court order which dismisses the action
for summary eviction;
(b) Upon motion of the tenant , if the landlord does not file a
response opposing the motion within 7 judicial days after the date
of service of the motion;
(c) Ten judicial days after the entry of a court order which
denies the action for summary eviction; [or
(c)] (d) Thirty-one days after the tenant has filed an affidavit
described in subsection 3 of NRS 40.253 or subsection 3 of NRS
40.2542, if the landlord has failed to file an affidavit of complaint
pursuant to subsection 5 of NRS 40.253 or subsection 5 of NRS
40.2542 within 30 days after the tenant filed the affidavit [.] ; or
(e) If an appeal is taken, upon a district court with jurisdiction
over the matter rendering a decision that:
(1) Upholds an order which dismisses an action for
summary eviction;
(2) Upholds an order which denies an action for summary
eviction; or
(3) Remands the case to the court from which the appeal
was taken for the entry of an order which:
(I) Dismisses an action for summary eviction; or
(II) Denies an action for summary eviction.
3. In addition to the provisions for the automatic se aling of an
eviction case court file pursuant to subsections 1 and 2, the court
may order the sealing of an eviction case court file for an action for
summary eviction pursuant to NRS 40.253, 40.254 or 40.2542:
(a) Upon the filing of a written stipulation by the landlord and
the tenant to set aside the order of eviction and seal the eviction case
court file; or
(b) Upon motion of the tenant and decision by the court if the
court finds that:
(1) The eviction should be set aside pursuant to Rule 60 of
the Justice Court Rules of Civil Procedure; or
(2) Sealing the eviction case court file is in the interests of
justice and those interests are not outweighed by the public’s
interest in knowing about the contents of the eviction case court file,
after considering, without limitation, the following factors:
(I) Circumstances beyond the control of the tenant that
led to the eviction;
(II) Other extenuating circumstances under which the
order of eviction was granted; and
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(III) The amount of time t hat has elapsed between the
granting of the order of eviction and the filing of the motion to seal
the eviction case court file. For the purposes of this subparagraph,
if the filing of the motion to seal the eviction case court file occurs
more than 1 year after the date on which the eviction order is
entered, there is a presumption that sealing the eviction case court
file is in the interests of justice and those interests are not
outweighed by the public’s interest in knowing about the contents
of the eviction case court file unless the presumption is rebutted by
clear and convincing evidence to the contrary.
4. If the court orders the eviction case court file sealed pursuant
to this section, all proceedings recounted in the eviction case court
file shall be deemed never to have occurred.
5. Except as otherwise provided in this subsection, a notice to
surrender must not be made available for public inspection by any
person or governmental entity, including, without limitation, by a
sheriff or constable. This subsection does not:
(a) Apply to a notice to surrender which has been filed with a
court and which is part of an eviction case court file that has not
been sealed pursuant to this section.
(b) Prohibit the service of a notice to surrender pursuant to NRS
40.280, and such service of a notice to surrender shall be deemed
not to constitute making the notice to surrender available for public
inspection as described in this subsection.
6. Any order issued by the court pursuant to this section must
include the basis for the decision of the court.
7. As used in this section:
(a) “COVID-19 emergency” means the period of time:
(1) Beginning on March 12, 2020, the date on which the
Governor issued the Declaration of Emergency for COVID-19; and
(2) Ending on the date on which the Governor terminates the
emergency described in the Declaration [May 20, 2022].
(b) “Eviction case court file” means all records relating to an
action for summary eviction which are maintained by the court,
including, without limitation, records maintained by a justice court
or district court, the affidavit of complaint and any other pleadings,
proof of service, findings of the court, any order made on motion as
provided in Nevada Rules of Civil Procedure, Justice Court Rules of
Civil Procedure , District Court Rules and local rules of practice
and all other papers, records, proceedings and evidence, including
exhibits and transcript of the testimony.
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Sec. 1.5. NRS 40.416 is hereby amended to read as follows:
40.416 1. If the owner of a dwelling or an authorized
representative of the owner locks an occupant out of the dwelling
pursuant to NRS 40.412, the occupant may recover possession of
the dwelling as provided in this section.
2. The occupant must file with the justice court of the township
in which the dwelling is located a verified complaint for reentry,
specifying:
(a) The facts of the lockout by the owner of the dwelling or the
authorized representative of the owner; and
(b) The legal basis upon which reentry into the dwelling is
warranted.
3. The court shall, after notice to both parties, hold a trial on
the occupant’s verified complaint for reentry not later than 10
judicial days after the date on which the occupant f iles the verified
complaint for reentry.
4. If the court finds that an unjustified lockout has occurred,
the court [must issue] shall:
(a) Issue a writ of restitution, restoring possession of the
dwelling to the occupant [.] ; and
(b) Automatically seal the case court file:
(1) Upon the expiration of the period for filing a notice of
appeal, if no notice of appeal has been filed within that period; or
(2) If a notice of appeal is timely filed, upon final
resolution of the appeal, if the finding tha t an unjustified lockout
occurred is affirmed.
5. A party may appeal from the court’s judgment at the trial on
the verified complaint for reentry in the same manner as a party may
appeal a judgment in an action for forcible detainer.
6. If the owner of the dwelling or the person on whom a writ of
restitution is served fails to immediately comply with the writ or
later disobeys the writ, the failure is grounds for contempt of court
against the owner or the person on whom the writ was served, under
chapter 22 of NRS.
7. This section does not affect:
(a) The right of any party to pursue a separate cause of action
under this chapter or chapter 118A of NRS if the court finds that a
landlord and tenant relationship exists between the parties; or
(b) The ri ghts of an owner or occupant in a forcible detainer,
unlawful detainer or forcible entry and detainer action.
Sec. 2. The amendatory provisions of this act apply to actions
filed before, on or after July 1, 2025.
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Sec. 3. This act becomes effective on July 1, 2025.
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