Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 283–Assemblymember Carter
CHAPTER..........
AN ACT relating to property; revising provisions relating to
summary evictions; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
In general, existing law authorizes a landlord who seeks to recover possession
of a premises from a tenant to do so by filing an unlawful detainer action or an
action for summary eviction. (NRS 40.253, 40.254, 40.2542, 40.290 -40.420)
Existing law prescribes separate summary eviction procedures for the summary
eviction of: (1) certain tenants who are not tenants o f a commercial premises and
who default in the payment of rent; (2) certain tenants who are guilty of unlawful
detainer for reasons other than a default in the payment of rent; and (3) certain
tenants of a commercial premises who default in the payment of rent. (NRS 40.253,
40.254, 40.2542)
In general, the summary eviction procedures prescribed by existing law require
a landlord to provide certain written notice to a tenant: (1) informing the tenant that
he or she must take certain action or surrender the premises on or before a date
specified in the notice; and (2) advising the tenant of his or her right to contest the
matter by filing an affidavit with the court that has jurisdiction over the matter. In
so doing, the summary eviction procedures prescribe d by existing law require a
tenant who contests a summary eviction to file an affidavit in court concerning an
action for summary eviction before a landlord is required to make any filing
concerning the matter. If such an affidavit is filed, a hearing is h eld. If no such
affidavit is filed, upon noncompliance of a tenant with the written notice, existing
law authorizes: (1) the landlord to apply by affidavit of complaint for the summary
eviction of the tenant; and (2) the court, without holding a hearing, t o order the
removal of the tenant within a prescribed period. (NRS 40.253, 40.254, 40.2542)
Section 20 of this bill repeals the summary eviction procedures prescribed by
existing law for the summary eviction of: (1) certain tenants who are not tenants of
a commercial premises and who default in the payment of rent; and (2) certain
tenants who are guilty of unlawful detainer for reasons other than a default in the
payment of rent. Sections 2-6 of this bill reenact, reorganize and revise these
procedures. Section 2 establishes a new procedure for the summary eviction of
certain tenants who are not tenants of a commercial premises and who default in the
payment of rent. Section 6 establishes a new procedure for the summary eviction of
certain tenants who are guilty of unlawful detainer for reasons other than a default
in the payment of rent.
The new procedures for summary eviction set forth in sections 2 and 6 are
similar to the procedures repealed by section 20 except with regard to: (1) the
required conten ts of a written notice; (2) certain requirements relating to filings
made with the court; and (3) the period before the removal of a tenant. Instead of
requiring a tenant who contests a summary eviction to file an affidavit in court
before the landlord fil es a complaint, sections 2 and 6 require the landlord, upon
the expiration of certain notice provided to the tenant, to: (1) apply by affidavit of
complaint for the summary eviction of the tenant; and (2) serve the tenant with a
file-stamped copy of the affidavit of complaint and a copy of the summons.
Sections 2 and 6 additionally require the landlord to file with the court proof of
service of the affidavit, summons and notice within a prescribed period. Sections 2
and 6 require the tenant to file an answer to the affidavit of complaint within 7
judicial days after the date of service. If a tenant files an answer within the
– 2 –
- 83rd Session (2025)
prescribed period, a hearing is held. If no such answer is filed, sections 2 and 6
authorize the court, without holding a hearing, to order the removal of the tenant
within a prescribed period under certain circumstances. Sections 7-18 of this bill
make conforming changes relating to the repeal, revision and reorganization of the
procedures for summary eviction.
Existing law requires a court that grants an action for s ummary eviction for a
default in the payment of rent during the COVID -19 emergency to automatically
seal the eviction case court file. (NRS 40.2545) Section 9 removes requirements
relating to the COVID -19 emergency. Section 9 also requires a court to
automatically seal the eviction case court file for an action for summary eviction
brought pursuant to section 2 or 6 under certain circumstances. Section 19 of this
bill makes the amendatory provisions of sections 2-18 applicable to an action for
summary eviction which accrues on or after October 1, 2025.
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. Chapter 40 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 to 6, inclusive, of this
act.
Sec. 2. 1. Except as otherwise provided in subsection 14, in
addition to the remedies provided in NRS 40.290 to 40.420,
inclusive, a landlord may pursue the summary eviction of a tenant
for a default in the payment of rent using the procedure for
summary eviction provided in this section.
2. Before a landlord or landlord’s agent may file an affidavit
of complaint for the summary eviction of a tenant for a default in
the payment of rent, the landlord or the landlord’s agent mus t
serve upon the tenant a written notice which:
(a) Except as otherwise provided in subsection 12, requires the
tenant to pay the past due rent or surrender the premises before
the close of business on the later of the:
(1) Seventh judicial day following the date of service; or
(2) Day following the expiration of any notice period
required by federal law or regulation; and
(b) Informs the tenant that if the tenant fails to comply with
the requirements of paragraph (a), the landlord may apply by
affidavit of complaint for the summary eviction of the tenant.
3. Upon noncompliance of a tenant with the notice served
pursuant to subsection 2, the landlord or the landlord’s agent may
apply by affidavit of complaint for summary eviction to the justice
court of the township in which the dwelling, apartment, mobile
home or recreational vehicle is located. After the filing of an
– 3 –
- 83rd Session (2025)
affidavit of complaint for summary eviction, a summons must be
issued.
4. An affidavit of complaint for summary eviction filed
pursuant to subsection 3 must:
(a) Except as otherwise provided in subsection 12, be filed with
the court not later than 30 calendar days after the expiration of
the notice period described in subsection 2; and
(b) 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 s erved on the tenant
pursuant to subsection 2; and
(9) A copy of the signed written rental agreement, if any.
5. A landlord or landlord’s agent who applies for summary
eviction pursuant to subsection 3 shall, within:
(a) Twenty-one calendar days after the date on which the
affidavit of complaint for summary eviction is filed, serve upon the
tenant a file -stamped copy of the affidavit of complaint, with or
without a copy of the signed rental agreement, and a copy of the
summons which must advise the tenant that:
(1) Except as otherwise provided in subsection 12, the
tenant must file a written answer to the affidavit of complaint for
summary eviction with the court that has jurisdiction over the
matter not later than 7 judicial days after service of the affidavit of
complaint for summary eviction;
(2) If the tenant does not file an answer within the period
described in subparagraph (1), the court may issue a summary
order for the removal of the tenant or providing for the
nonadmittance of the tenant;
(3) Pursuant to NRS 118A.390, the 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 item or service required by the
rental agreement or chapter 118A of NRS; and
– 4 –
- 83rd Session (2025)
(4) The tenant may request that the court stay the execution
of the summary order for the removal of the tenant or prov iding
for the nonadmittance of the tenant for a period not exceeding 10
days pursuant to subsection 2 of NRS 70.010, stating the reasons
why such a stay is warranted.
(b) Thirty calendar days after the date on which the affidavit
of complaint for summary eviction is filed, file with the court proof
of service of the affidavit and summons required by paragraph (a).
6. Except as otherwise provided in subsection 12, upon being
served pursuant to subsection 5, the tenant shall, within 7 judicial
days after the date of service, file a written answer with the court
that has jurisdiction over the matter. If no written answer is filed
within the period prescribed by this subsection and the landlord
otherwise complies with the requirements prescribed by this
section, the court may, without holding a hearing but after
determining that a landlord has complied with the requirements
prescribed by this section and the tenant is guilty of an unlawful
detainer, issue a summary order which:
(a) Provides for the removal of the tenant or for the
nonadmittance of the tenant; and
(b) Directs the sheriff or constable of the county to perform the
actions required by section 3 of this act.
7. If a tenant files a written answer pursuant to subsection 6,
the court shall hold a hearing to determine the truthfulness and
sufficiency of the affidavit of complaint for summary eviction.
8. If, after a hearing held pursuant to subsection 7, the court
determines that:
(a) 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 the removal of the tenant or
providing for the nonadmittance of the tenant.
(b) There is a legal defense as to the alleged unlawful detainer,
the court shall take no further action and any further proceedings
must be conducted pursuant to NRS 40.290 to 40.420, inclusive.
9. The court shall dismiss an action for summary eviction if
the landlord does not comply with the requirements prescribed by
paragraph (b) of subsection 5.
10. Written notices to the tenant prescribed by this section,
including, without limitation, the affidavit of complaint and
summons, must be served in the manner provided by NRS 40.280.
11. Proof of service of any notice required by this s ection
must be filed with the court before a summary order for the
– 5 –
- 83rd Session (2025)
removal of the tenant or providing for the nonadmittance of the
tenant is issued pursuant to subsection 6 or 8, as applicable.
12. For the purposes of this section, if the date on which:
(a) An affidavit of complaint for summary eviction or a written
answer to such an affidavit must be filed falls on a nonjudicial
day, the filing is timely if performed on the next judicial day.
(b) A tenant must pay any past due rent or surrender the
premises falls on a Saturday, Sunday or legal holiday, the tenant
must pay the past due rent or surrender the premises before the
close of business on the next day the business office of the
landlord is open.
13. A landlord shall not refuse to accept rent from a tenant
that is submitted after the landlord or the landlord’s agent has
served a notice pursuant to subsection 2 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 reas onable charge for late
payments of rent or dishonored checks, or a security deposit.
14. Except as otherwise provided in NRS 118A.315, this
section does not apply to:
(a) A tenant of a commercial premises;
(b) A tenant of a mobile home lot in a mobi le home park or a
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; or
(c) 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.
15. As used in this section, “security deposit” has the
meaning ascribed to it in NRS 118A.240.
Sec. 3. Upon receipt of a summary order for the removal of
the tenant or providing for the nonadmittance of the tenant issued
pursuant to subsection 6 of section 2 of this act, the sheriff or
constable shall:
1. 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.
2. As soon as reasonably practicable, but not earlier than 24
hours after the posting of the order, remove the tenant.
Sec. 4. 1. A tenant against whom a court issues a summary
order for removal pursuant to section 2 of this act may, upon
payment of the appropriate fees relating to the filing and service of
– 6 –
- 83rd Session (2025)
a motion, file a motion to dispute the amount of the costs, if any,
claimed by the landlord pursuant to NRS 118A.460.
2. A motion filed pursuant to subsection 1 must be made on a
form prescribed by the clerk of the court and filed within 20 days
after the later of:
(a) The date on which the summar y order for removal or
providing for nonadmittance was issued.
(b) The date on which the tenant vacated or was removed from
the premises.
(c) The date on which a copy of the costs claimed by the
landlord was requested by or provided to the tenant.
3. Upon the filing of a motion pursuant to subsection 1, 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 ser ved
upon the landlord by the sheriff, constable or other process server
licensed pursuant to chapter 648 of NRS. 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.
Sec. 5. 1. A tenant against whom a court issues a summary
order for removal pursuant to section 2 of this act may, upon
payment of the appropriate fees relating to the filing and service of
a motion, file a motion to dispute the reasonableness of any action
taken by the landlord pursuant to subsection 3 of NRS 118A.460.
2. A motion filed pursuant to subsection 1 must be made on a
form prescribed by the clerk of the court and filed within 5 days
after the date on which the tenant vacated or was removed from
the premises.
3. Upon the filing of a motion pursuant to subsection 1, 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 o rder 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 tenant to retrieve his or her
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.
– 7 –
- 83rd Session (2025)
4. In determining the amount of damages, if any, to be
awarded under paragraph (b) of subsection 3, 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.
Sec. 6. 1. Except as otherwise provided in subsection 15, in
addition to the remedies provided in NRS 40.290 to 40.420,
inclusive, a landlord may pursue the summary eviction of a tenant
for an unlawful detainer pursuant to NRS 40.250, 40.251, 40.2514
or 40.2516 u sing the procedure for summary eviction provided in
this section.
2. Before a landlord or landlord’s agent may file an affidavit
of complaint for the summary eviction of a tenant for an unlawful
detainer pursuant to NRS 40.250, 40.251, 40.2514 or 40.251 6, the
landlord or the landlord’s agent must serve upon the tenant:
(a) The written notice to surrender required by NRS 40.251,
40.2514 or 40.2516, as applicable; and
(b) A written notice which informs the tenant that if the tenant
fails to comply with the requirements of the written notice to
surrender, the landlord may apply by affidavit of complaint for the
summary eviction of the tenant.
3. Upon noncompliance of a tenant with the written notice
required by paragraph (a) of subsection 2, the landlor d or the
landlord’s agent may apply by affidavit of complaint for summary
eviction to the justice court of the township in which the dwelling,
apartment, mobile home or recreational vehicle is located. After
the filing of an affidavit of complaint for summ ary eviction, a
summons must be issued.
4. An affidavit of complaint for summary eviction filed
pursuant to subsection 3 must:
(a) Except as otherwise provided in subsection 12, be filed with
the court not later than 30 calendar days after the expiratio n of
the period described in the written notice to surrender required by
paragraph (a) of subsection 2; and
(b) State or contain:
(1) The date the tenancy commenced;
(2) The date when the tenancy or rental agreement
allegedly terminated;
(3) A copy of the written notice served on the tenant
pursuant to subsection 2;
– 8 –
- 83rd Session (2025)
(4) Any facts supporting the written notice;
(5) A copy of the signed written rental agreement, if any;
(6) A statement that the written notice was served on the
tenant in accordance with NRS 40.280; and
(7) A copy of the notice of change of ownership served on
the tenant pursuant to NRS 40.255, if the property has been
purchased in a residential foreclosure.
5. A landlord or landlord’s agent who applies for summary
eviction pursuant to subsection 3 shall, within:
(a) Twenty-one calendar days after the date on which the
affidavit of complaint for summary eviction is filed, serve upon the
tenant a file -stamped copy of the affidavit of complaint, with or
without a copy of the sig ned rental agreement , and a copy of the
summons which must advise the tenant that:
(1) Except as otherwise provided in subsection 12, the
tenant must file a written answer to the affidavit of complaint for
summary eviction with the court that has jurisdi ction over the
matter not later than 7 judicial days after service of the affidavit of
complaint for summary eviction;
(2) If the tenant does not file an answer within the period
described in subparagraph (1), the court may issue a summary
order for the removal of the tenant or providing for the
nonadmittance of the tenant;
(3) Pursuant to NRS 118A.390, the 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 item or service required by the
rental agreement or chapter 118A of NRS; and
(4) The tenant may request that the court stay the execution
of the summary order for the removal of the tenant or providing
for the nonadmittance of the tenant for a period not exceeding 10
days pursuant to subsection 2 of NRS 70.010, stating the reasons
why such a stay is warranted.
(b) Thirty calendar days after the date on which the affidavit
of complaint for summary eviction is filed, file with the court proof
of service of the affidavit and summons required by paragraph (a).
6. Except as otherwise provided in subsection 12, upon being
served pursuant to subsection 5, the tenant shall, within 7 judicial
days after the date of service, file a written answer with the court
that has jurisdiction over the matter. If no written answer is filed
within the period prescribed by this subsection and the landlord
otherwise c omplies with the requirements prescribed by this
– 9 –
- 83rd Session (2025)
section, the court may, without holding a hearing but after
determining that a landlord has complied with the requirements
prescribed by this section and the tenant is guilty of an unlawful
detainer, issue a summary order which:
(a) Provides for the removal of the tenant or for the
nonadmittance of the tenant; and
(b) Directs the sheriff or constable of the county to perform the
actions required by section 3 of this act.
7. If a tenant files a written ans wer pursuant to subsection 6,
the court shall hold a hearing to determine the truthfulness and
sufficiency of the affidavit of complaint for summary eviction.
8. If, after a hearing held pursuant to subsection 7, the court
determines that:
(a) 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 the removal of the tenant or
providing for the nonadmittance of the tenant.
(b) There is a legal defense as to the alleged unlawful detainer,
the court shall take no further action and any further proceedings
be conducted pursuant to NRS 40.290 to 40.420, inclusive.
9. The court shall dismiss an action for summary eviction if
the landlord does not comply with the requirements prescribed by
paragraph (b) of subsection 5.
10. Written notices to the tenant prescribed by this section,
including, without limitation, the affidavit of complaint and
summons, must be served in the manner provided by NRS 40.280.
11. Proof of service of any notice required by this section
must be filed with the court before a summary order for the
removal of the tenant or providing for the nonadmittance of the
tenant is issued pursuant to subsection 6 or 8, as applicable.
12. For the p urposes of this section, if the date on which an
affidavit of complaint for summary eviction or a written answer to
such an affidavit must be filed falls on a nonjudicial day, the filing
is timely if performed on the next judicial day.
13. A landlord sha ll not refuse to accept rent from a tenant
that is submitted after the landlord or the landlord’s agent has
served a notice pursuant to subsection 2 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.
14. If the tenant is found guilty of unlawful detainer as a
result of the tenant’s violation of any of the provisions of NRS
453.011 to 453.552, inclusive, except NRS 453.336, the landlord is
– 10 –
- 83rd Session (2025)
entitled to be awarded any reasonable attorney’s fees incurred by
the landlord or the landlord’s agent as a result of a hearing, if
any, held pursuant to subsection 7 wherein the tenant contested
the eviction.
15. Except as otherwise provided in NRS 118A.315, this
section does not apply to:
(a) A tenant of a commercial premises;
(b) A tenant of a mobile home lot in a mobile home park or a
tenant of a recreational vehicle lot in an area of a mobile h ome
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; or
(c) A tenant who provides proof to the landlord that he or she
is a federal worker, tribal worker, state worke r or household
member of such a worker during a shutdown.
16. As used in this section, “security deposit” has the
meaning ascribed to it in NRS 118A.240.
Sec. 7. NRS 40.2516 is hereby amended to read as follows:
40.2516 1. A tenant of real property, a dwelling unit, a
recreational vehicle or a mobile home other than a mobile home lot
or a recreational vehicle lot for a term less than life is guilty of an
unlawful detainer when the tenant continues in possession, in person
or by subtenant, after a neglect or failure to perform any condition
or covenant of the lease or agreement under which the real property,
dwelling unit, recreational vehicle or mobile home is held, other
than those mentioned in NRS 40.250 to [40.254,] 40.252, inclusive,
and sections 2 to 6, inclusive, of this act, and after notice in writing,
requiring in the alternative the performance of the condition or
covenant or the surrender of the real property, dwelling unit,
recreational vehicle or mobile home, serv ed upon the tenant, and, if
there is a subtenant in actual occupation of the premises or property,
also upon the subtenant, remains uncomplied with for 5 days after
the service thereof. Within 5 days after the service, the tenant, or
any subtenant in actua l occupation of the premises or property, or
any mortgagee of the term, or other person, interested in its
continuance, may perform the condition or covenant and thereby
save the lease from forfeiture; but if the covenants and conditions of
the lease, viol ated by the lessee, cannot afterwards be performed,
then no notice need be given.
2. If a tenant is guilty of an unlawful detainer pursuant to this
section, the landlord may seek to recover possession of the real
property, dwelling unit, recreational veh icle or mobile home
– 11 –
- 83rd Session (2025)
pursuant to the provisions of NRS [40.254 or ] 40.290 to 40.420,
inclusive [.] , or section 6 of this act.
Sec. 8. NRS 40.252 is hereby amended to read as follows:
40.252 For the purposes of NRS 40.250 to 40.252, inclusive,
and [NRS 40.254:] sections 2 to 6, inclusive, of this act:
1. It is unlawful for a landlord to attempt by contract or other
agreement to shorten the specified periods of notice and any such
contract or agreement is void.
2. Notice to surrender the premises which was given by one
colessor of real property or a mobile home is valid unless it is
affirmatively shown that one or more of the other colessors did not
authorize the giving of the notice.
Sec. 9. 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 ] In any action
for summary eviction pursuant to NRS [40.253, 40.254 or] 40.2542
[,] or section 2 or 6 of this act, the 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) Ten judicial days after the entry of a court order which
denies the action for summary eviction; or
(c) Thirty-one days af ter 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.
3.] 2. In addition to the provisions for the automatic sealing of
an eviction case court file pursuant to [subsections] subsection 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 [:] or section 2 or 6 of this act:
(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
– 12 –
- 83rd Session (2025)
(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
(III) The amount of time that has elapsed between the
granting of the order of eviction and the filing of the motion to seal
the eviction case court file.
[4.] 3. 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.] 4. 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 NR S
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.] 5. 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] , “eviction case court file” means all records
relating to an action for summary eviction which are maintained by
the court, including, without limitation, 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 and local rules of
practice and all other papers, records, proceedings and evidence,
including exhibits and transcript of the testimony.
Sec. 10. NRS 40.255 is hereby amended to read as follows:
40.255 1. Except as otherwise provided in subsections 2 and
7, in any of the following cases, a person who holds over and
continues in possession of real property or a mobile home after a 3 -
– 13 –
- 83rd Session (2025)
day written notice to surrender has been served upon the person may
be removed as prescribed in NRS 40.290 to 40.420, inclusive:
(a) Where the property or mobile home has been sold under an
execution against the person, or agai nst another person under whom
the person claims, and the title under the sale has been perfected;
(b) Where the property or mobile home has been sold upon the
foreclosure of a mortgage, or under an express power of sale
contained therein, executed by the person, or by another person
under whom the person claims, and the title under the sale has been
perfected;
(c) Where the property or mobile home has been sold under a
power of sale granted by NRS 107.080 to the trustee of a deed of
trust executed by the person, or by another person under whom the
person claims, and the title under such sale has been perfected; or
(d) Where the property or mobile home has been sold by the
person, or by another person under whom the person claims, and the
title under the sale has been perfected.
2. If the property has been sold as a residential foreclosure, a
tenant or subtenant in actual occupation of the premises, other than a
person whose name appears on the mortgage or deed, who holds
over and continues in possession of real property or a mobile home
in any of the cases described in paragraph (b) or (c) of subsection 1
may be removed as prescribed in NRS 40.290 to 40.420, inclusive,
after receiving a notice of the change of ownership of the real
property or mobile hom e and after the expiration of a notice period
beginning on the date the notice was received by the tenant or
subtenant and expiring:
(a) For all periodic tenancies with a period of less than 1 month,
after not less than the number of days in the period; and
(b) For all other periodic tenancies or tenancies at will, after not
less than 60 days.
3. During the notice period described in subsection 2:
(a) The new owner has the rights, obligations and liabilities of
the previous owner or landlord pursuant t o chapter 118A of NRS
under the lease or rental agreement which the previous owner or
landlord entered into with the tenant or subtenant regarding the
property; and
(b) The tenant or subtenant continues to have the rights,
obligations and liabilities that the tenant or subtenant had pursuant
to chapter 118A of NRS under the lease or rental agreement which
the tenant or subtenant entered into with the previous owner or
landlord regarding the property.
– 14 –
- 83rd Session (2025)
4. The notice described in subsection 2 must contain a
statement:
(a) Providing the contact information of the new owner to whom
rent should be remitted;
(b) Notifying the tenant or subtenant that the lease or rental
agreement the tenant or subtenant entered into with the previous
owner or landlord of the property continues in effect through the
notice period described in subsection 2; and
(c) Notifying the tenant or subtenant that failure to pay rent to
the new owner or comply with any other term of the agreement or
applicable law constitutes a breach of the lease or rental agreement
and may result in eviction proceedings, including, without
limitation, proceedings conducted pursuant to [NRS 40.253 and
40.254.] sections 2 and 6 of this act.
5. If the property has been sold as a residential foreclosure in
any of the cases described in paragraph (b) or (c) of subsection 1, no
person may enter a record of eviction for a tenant or subtenant who
vacates a property during the notice period described in
subsection 2.
6. If the property has been sold as a resi dential foreclosure in
any of the cases described in paragraph (b) or (c) of subsection 1,
nothing in this section shall be deemed to prohibit:
(a) The tenant from vacating the property at any time before the
expiration of the notice period described in subsection 2 without any
obligation to the new owner of a property purchased pursuant to a
foreclosure sale or trustee’s sale; or
(b) The new owner of a property purchased pursuant to a
foreclosure sale or trustee’s sale from:
(1) Negotiating a new purch ase, lease or rental agreement
with the tenant or subtenant; or
(2) Offering a payment to the tenant or subtenant in
exchange for vacating the premises on a date earlier than the
expiration of the notice period described in subsection 2.
7. This section does not apply to the tenant of a mobile home
lot in a mobile home park.
8. As used in this section, “residential foreclosure” means the
sale of a single family residence pursuant to NRS 40.430 or under a
power of sale granted by NRS 107.080. As used i n this subsection,
“single family residence” means a structure that is comprised of not
more than four units.
Sec. 11. NRS 40.280 is hereby amended to read as follows:
40.280 1. Except as otherwise provided in NRS [40.253 and]
40.2542, the notices required by NRS 40.251 to 40.260, inclusive,
– 15 –
- 83rd Session (2025)
and sections 2 to 6, inclusive, of this act must be served by the
sheriff, a constable, a person who is licensed as a process server
pursuant to chapter 648 of NRS or the agent of an attorney licensed
to practice in this State:
(a) By delivering a copy to the tenant personally.
(b) If the tenant is absent from the tenant’s place of residence or
from the tenant’s usual place of business, by leaving a copy with a
person of suitable age and discretion at either place and mailing a
copy to the tenant at the tenant’s place of residence or place of
business.
(c) If the place of residence or business cannot be ascertained, or
a person of suitable age or discretion cannot be found there, by
posting a copy in a conspicuous place on the leased property,
delivering a copy to a person there residing, if the person can be
found, and mailing a copy to the tenant at the place where the leased
property is situated.
2. The notices required by NRS 40 .230, 40.240 and 40.414
must be served upon an unlawful or unauthorized occupant:
(a) Except as otherwise provided in this paragraph and
paragraph (b), by delivering a copy to the unlawful or unauthorized
occupant personally, in the presence of a witness. If service is
accomplished by the sheriff, constable or a person who is licensed
as a process server pursuant to chapter 648 of NRS, the presence of
a witness is not required.
(b) If the unlawful or unauthorized occupant is absent from the
real property, by leaving a copy with a person of suitable age and
discretion at the property and mailing a copy to the unlawful or
unauthorized occupant at the place where the property is situated. If
the occupant is unknown, the notice must be addressed to “Current
Occupant.”
(c) If a person of suitable age or discretion cannot be found at
the real property, by posting a copy in a conspicuous place on the
property and mailing a copy to the unlawful or unauthorized
occupant at the place where the property is situated. If the occupant
is unknown, the notice must be addressed to “Current Occupant.”
3. Service upon a subtenant may be made in the same manner
as provided in subsection 1.
4. Proof of service of any notice required by NRS 40.230 to
40.260, inclusive, and sections 2 to 6, inclusive, of this act must be
filed with the court before:
(a) An order for removal of a tenant is issued pursuant to [NRS
40.253 or 40.254;] section 2 or 6 of this act;
– 16 –
- 83rd Session (2025)
(b) An order for removal of an unlawful or unauthorized
occupant is issued pursuant to NRS 40.414;
(c) A writ of restitution is issued pursuant to NRS 40.290 to
40.420, inclusive; or
(d) An order for removal of a commercial tenant pursuant to
NRS 40.2542.
5. Proof of service of notice pursuant to NRS 40.230 to 40.260,
inclusive, and sections 2 to 6, inclusive, of this act that must be
filed before the court may issue an order or writ filed pursuant to
paragraph (a), (b) or (c) of subsection 4 must consist of:
(a) [Except as otherwise provided in paragraph (b):
(1)] If the notice was served pursuant to subsection 1, a
written statement, endorsed by the person who served the notice,
stating the date and manner of service. The statement must also
include the number of the badge or license of the person who served
the notice. If the notice was served by the agent of an attorney
licensed in this State, the statement must be accompanied by a
declaration, signed by the attorney and bearing the license number
of the attorney, stating that the attorney:
[(I)] (1) Was retained by the landlord in an action
pursuant to NRS 40.230 to 40.420, inclusive [;] , and sections 2 to
6, inclusive, of this act;
[(II)] (2) Reviewed the date and manner of service by the
agent; and
[(III)] (3) Believes to the best of his or her knowledge that
such service complies with the requirements of this section.
[(2)] (b) If the notice was served pursuant to paragraph (a) of
subsection 2, an affidavit or declaration signed by the tenant or the
unlawful or unauthorized occupant, as applic able, and a witness,
signed under penalty of perjury by the server, acknowledging that
the tenant or occupant received the notice on a specified date.
[(3)] (c) If the notice was served pursuant to paragraph (b) or
(c) of subsection 2, an affidavit or de claration signed under penalty
of perjury by the person who served the notice, stating the date and
manner of service and accompanied by a confirmation of delivery or
certificate of mailing issued by the United States Postal Service or
confirmation of actual delivery by a private postal service.
[(b) For a short -term tenancy, if service of the notice was not
delivered in person:
(1) A certificate of mailing issued by the United States Postal
Service or by a private postal service to the landlord or the
landlord’s agent; or
(2) The endorsement of a sheriff or constable stating the:
– 17 –
- 83rd Session (2025)
(I) Time and date the request for service was made by the
landlord or the landlord’s agent;
(II) Time, date and manner of the service; and
(III) Fees paid for the service.]
6. Proof of service of notice pursuant to NRS 40.230 to 40.260,
inclusive, and sections 2 to 6, inclusive, of this act that must be
filed before the court may issue an order filed pursuant to paragraph
(d) of subsection 4 must consist of:
(a) Except as otherwise provided in paragraphs (b) and (c):
(1) If the notice was served pursuant to subsection 2 of NRS
40.2542, an affidavit or declaration signed by the tenant or the
unlawful or unauthorized occupant, and a witness, as applicable,
signed under penalty of perjury by the server, acknowledging that
the tenant or occupant received the notice on a specified date.
(2) If the notice was served pursuant to paragraph (b) or (c)
of subsection 1, an affidavit or declaration signed under penalty of
perjury by the person who served the notice, stating the date and
manner of service and accompanied by a confirmation of delivery or
certificate of mailing issued by the United States Postal Service or
confirmation of actual delivery by a private postal service.
(b) If the notice was served by a sheriff, a constable or a person
who is licensed as a process server pursuant to chapter 648 of NRS,
a written statement, endorsed by the person who served the notice,
stating the date and manner of service. The st atement must also
include the number of the badge or license of the person who served
the notice.
(c) For a short -term tenancy, if service of the notice was not
delivered in person:
(1) A certificate of mailing issued by the United States Postal
Service or by a private postal service to the landlord or the
landlord’s agent; or
(2) The endorsement of a sheriff or constable stating the:
(I) Time and date the request for service was made by the
landlord or the landlord’s agent;
(II) Time, date and manner of the service; and
(III) Fees paid for the service.
7. For the purpose of this section, an agent of an attorney
licensed in this State shall only serve notice pursuant to subsection 1
if:
(a) The landlord has retained the attorney in an actio n pursuant
to NRS 40.230 to 40.420, inclusive [;] , and sections 2 to 6,
inclusive, of this act; and
– 18 –
- 83rd Session (2025)
(b) The agent is acting at the direction and under the direct
supervision of the attorney.
Sec. 12. NRS 40.385 is hereby amended to read as follows:
40.385 1. Either party may appeal an order entered pursuant
to NRS [40.253, 40.254 or] 40.2542 or section 2 or 6 of this act by
filing a notice of appeal within 10 judicial days after the date of
entry of the order.
2. Except as otherwise provided in this section, a stay of
execution may be obtained by filing with the trial court a bond in the
amount of $250 to cover the expected costs on appeal. A surety
upon the bond submits to the jurisdiction of the appellate court a nd
irrevocably appoints the clerk of that court as the surety’s agent
upon whom papers affecting the surety’s liability upon the bond
may be served. Liability of a surety may be enforced, or the bond
may be released, on motion in the appellate court withou t
independent action. A tenant of commercial property may obtain a
stay of execution only upon the issuance of a stay pursuant to Rule 8
of the Nevada Rules of Appellate Procedure and the posting of a
supersedeas bond in the amount of 100 percent of any un paid rent
claim of the landlord.
3. A tenant who retains possession of the premises that are the
subject of the appeal during the pendency of the appeal shall pay to
the landlord rent in the amount provided in the underlying contract
between the tenant a nd the landlord as it becomes due. If the tenant
fails to pay such rent, the landlord may initiate new proceedings for
a summary eviction by serving the tenant with a new notice pursuant
to NRS [40.253, 40.254 or] 40.2542 [.] or section 2 or 6 of this act.
Sec. 13. NRS 118.205 is hereby amended to read as follows:
118.205 A notice provided by a landlord to a tenant pursuant to
NRS 118.195:
1. Must advise the tenant of the provisions of that section and
specify:
(a) The address or other location of the property;
(b) The date upon which the property will be deemed abandoned
and the rental agreement terminated; and
(c) An address for payment of the rent due and delivery of
notice to the landlord.
2. Must be served pursuant to subsection 1 of NRS 40.280.
3. May be included in the notice required by subsection [1] 2
of [NRS 40.253 ] section 2 of this act or subsection 1 of NRS
40.2542, as applicable.
– 19 –
- 83rd Session (2025)
Sec. 14. NRS 118A.349 is hereby amended to read as follows:
118A.349 1. If the property in which the premises are located
has been voluntarily transferred or sold, absent an agreement
between the new owner and the tenant to modify or terminate an
existing rental agreement:
(a) The new owner has the rights, obligations and liabilities of
the previous owner or landlord pursuant to this chapter under the
rental agreement which the previous owner or landlord entered into
with the tenant or subtenant regarding the premises;
(b) The tenant or sub tenant continues to have the rights,
obligations and liabilities that the tenant or subtenant had pursuant
to this chapter under the rental agreement which the tenant or
subtenant entered into with the previous owner or landlord regarding
the premises; and
(c) Upon termination of the previous owner’s interest in the
premises by a voluntary transfer or sale, the previous owner shall
transfer the security deposit in the manner set forth in paragraph (a)
of subsection 1 of NRS 118A.244. The successor has the rights,
obligations and liabilities of the former landlord as to any security
deposit which is owed under NRS 118A.242 at the time of transfer.
2. The new owner pursuant to subsection 1 must provide a
notice to the tenant or subtenant within 30 days af ter the date of the
transfer or sale:
(a) Providing the contact information of the new owner to whom
rent should be remitted;
(b) Notifying the tenant or subtenant that the rental agreement
the tenant or subtenant entered into with the previous owner or
landlord of the premises continues in effect through the period of the
tenancy and stating the amount held by the new owner for the
security deposit; and
(c) Notifying the tenant or subtenant that failure to pay rent to
the new owner or comply with any ot her term of the rental
agreement or applicable law constitutes a breach of the rental
agreement and may result in eviction proceedings, including,
without limitation, proceedings conducted pursuant to [NRS 40.253
and 40.254.] sections 2 and 6 of this act.
Sec. 15. NRS 118A.460 is hereby amended to read as follows:
118A.460 1. The landlord may dispose of personal property
abandoned on the premises by a former tenant or left on the
premises after eviction of the tenant without incurring civil or
criminal liability in the following manner:
(a) The landlord shall reasonably provide for the safe storage of
the property for 30 days after the abandonment or eviction or the
– 20 –
- 83rd Session (2025)
end of the rental period and may charge and collect the reasonable
and actual costs of inventory, moving and storage before releasing
the property to the tenant or his or her authorized representative
rightfully claiming the property within that period. The landlord is
liable to the tenant only for the landlord’s negligent or wrongful acts
in storing the property.
(b) After the expiration of the 30 -day period, the landlord may
dispose of the property and recover his or her reasonable costs out
of the property or the value thereof if the landlord has made
reasonable efforts to locate the tenant, has notified the tenant in
writing of his or her intention to dispose of the property and 14 days
have elapsed since the notice was given to the tenant. The notice
must be mailed to the tenant at the tenant’s present address, and if
that address is unknown, then at the tenant’s last known address.
(c) Vehicles must be disposed of in the manner provided in
chapter 487 of NRS for abandoned vehicles.
2. Any dispute relating to the amount of the costs claimed by
the lan dlord pursuant to paragraph (a) of subsection 1 may be
resolved using the procedure provided in [subsection 7 of NRS
40.253.] section 4 of this act.
3. During the 5-day period following the eviction or lockout of
a tenant, the landlord shall provide the former tenant a reasonable
opportunity to retrieve essential personal effects, including, without
limitation, medication, baby formula, basic clothing and personal
care items. Any dispute relating to the reasonableness of the
landlord’s actions pursuant to this section may be resolved using the
procedure provided in [subsection 9 of NRS 40.253. ] section 5 of
this act.
Sec. 16. NRS 179.1164 is hereby amended to read as follows:
179.1164 1. Except as otherwise provided in subsection 2,
the following property is subject to seizure and forfeiture in a
proceeding for forfeiture:
(a) Any proceeds attributable to the commission or attempted
commission of any felony.
(b) Any property or proceeds otherwise subject to forfeiture
pursuant to NRS 179.121, 200.760, 202.257, 370.419, 453.301 or
501.3857.
2. Property may not, to the extent of the interest of any
claimant, be declared forfeited by reason of an act or omission
shown to have been committed or omitted without the knowled ge,
consent or willful blindness of the claimant.
3. Unless the owner of real property or a mobile home:
– 21 –
- 83rd Session (2025)
(a) Has given the tenant notice to surrender the premises
pursuant to [NRS 40.254] section 6 of this act within 90 days after
the owner receives notice of a conviction pursuant to subsection 2 of
NRS 453.305; or
(b) Shows the court that the owner had good cause not to evict
the tenant summarily pursuant to [NRS 40.254, ] section 6 of this
act,
the owner of real property or a mobile home used or inte nded for
use by a tenant to facilitate any violation of the provisions of NRS
453.011 to 453.552, inclusive, except NRS 453.336, is disputably
presumed to have known of and consented to that use if the notices
required by NRS 453.305 have been given in con nection with
another such violation relating to the property or mobile home. The
holder of a lien or encumbrance on the property or mobile home is
disputably presumed to have acquired an interest in the property for
fair value and without knowledge or cons ent to such use, regardless
of when the act giving rise to the forfeiture occurred.
Sec. 17. NRS 453.305 is hereby amended to read as follows:
453.305 1. Whenever a person is arrested for violating any of
the provisions of NRS 453.011 to 453.552, inclusive, except NRS
453.336, and real property or a mobile home occupied by the person
as a tenant has been used to facilitate the violation, the prosecuting
attorney responsible for the case shall cause to be delivered to the
owner of the property or mobile home a written notice of the arrest.
2. Whenever a person is convicted of violating any of the
provisions of NRS 453.011 to 453.552, inclusive, except NRS
453.336, and real property or a mobile home occupied by the person
as a tenant has been used to facilitate the violation, the prosecuting
attorney responsible for the case shall cause to be delivered to the
owner of the property or mobile home a written notice of the
conviction.
3. The notices required by this section must:
(a) Be written in language which is easily understood;
(b) Be sent by certified or registered mail, return receipt
requested, to the owner at the owner’s last known address;
(c) Be sent within 15 days after the arrest occurs or judgment of
conviction is entered against the tenant, as the case may be;
(d) Identify the te nant involved and the offense for which the
tenant has been arrested or convicted; and
(e) Advise the owner that:
(1) The property or mobile home is subject to forfeiture
pursuant to NRS 179.1156 to 179.1205, inclusive, and 453.301
unless the tenant, if convicted, is evicted;
– 22 –
- 83rd Session (2025)
(2) Any similar violation by the same tenant in the future
may also result in the forfeiture of the property unless the tenant has
been evicted;
(3) In any proceeding for forfeiture based upon such a
violation the owner will, by reason of the notice, be deemed to have
known of and consented to the unlawful use of the property or
mobile home; and
(4) The provisions of NRS 40.2514 and [40.254] section 6 of
this act authorize the supplemental remedy of summary eviction to
facilitate the owner’s recovery of the property or mobile home upon
such a violation and provide for the recovery of any reasonable
attorney’s fees the owner incurs in doing so.
4. Nothing in this section shall be deemed to preclude the
commencement of a proceeding for forfeiture or the forfeiture of the
property or mobile home, whether or not the notices required by this
section are given as required, if the proceeding and forfeiture are
otherwise authorized pursuant to NRS 179.1156 to 179.1205,
inclusive, and 453.301.
5. As used in this section, “tenant” means any person entitled
under a written or oral rental agreement to occupy real property or a
mobile home to the exclusion of others.
Sec. 18. NRS 645H.520 is hereby amended to read as follows:
645H.520 1. Subject to the provisions of NRS 645H.770, the
services an asset management company may provide include,
without limitation:
(a) Securing real property in foreclosure once it has been
determined to be abandoned and all n otice provisions required by
law have been complied with;
(b) Providing maintenance for real property in foreclosure,
including landscape and pool maintenance;
(c) Cleaning the interior or exterior of real property in
foreclosure;
(d) Providing repair o r improvements for real property in
foreclosure; and
(e) Removing trash and debris from real property in foreclosure
and the surrounding property.
2. An asset management company may dispose of personal
property abandoned on the premises of a residence i n foreclosure or
left on the premises after the eviction of a homeowner or a tenant of
a homeowner without incurring civil or criminal liability in the
following manner:
(a) The asset management company shall reasonably provide for
the safe storage of the property for 30 days after the abandonment or
– 23 –
- 83rd Session (2025)
eviction and may charge and collect the reasonable and actual costs
of inventory, moving and storage before releasing the property to
the homeowner or the tenant of the homeowner or his or her
authorized representative rightfully claiming the property within that
period. The asset management company is liable to the homeowner
or the tenant of the homeowner only for the asset management
company’s negligent or wrongful acts in storing the property.
(b) After the expiration of the 30 -day period, the asset
management company may dispose of the property and recover his
or her reasonable costs from the property or the value thereof if the
asset management company has made reasonable efforts to locate
the homeowner or the tenant of the homeowner, has notified the
homeowner or the tenant of the homeowner in writing of his or her
intention to dispose of the property and 14 days have elapsed since
the notice was given to the homeowner or the tenant of the
homeowner. The n otice must be mailed to the homeowner or the
tenant of the homeowner at the present address of the homeowner or
the tenant of the homeowner and, if that address is unknown, then at
the last known address of the homeowner or the tenant of the
homeowner.
(c) Vehicles must be disposed of in the manner provided in
chapter 487 of NRS for abandoned vehicles.
3. Any dispute relating to the amount of the costs claimed by
the asset management company pursuant to paragraph (a) of
subsection 2 may be resolved using the procedure provided in
[subsection 7 of NRS 40.253.] section 4 of this act.
Sec. 19. The amendatory provisions of sections 2 to 18,
inclusive, of this act apply to an action for summary eviction which
accrues on or after October 1, 2025.
Sec. 20. NRS 40.253 and 40.254 are hereby repealed.
20 ~~~~~ 25