Nev. Rev. Stat. §§ 40.215–40.425 § 40.2542

1. In addition to the remedy provided in NRS 40.2512 and 40.290 to 40.420,
inclusive, when the tenant of any commercial premises 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, unless otherwise agreed in writing,
may serve or have served a notice in writing, requiring in the alternative the
payment of the rent or the surrender of the premises:
(a) At or before noon of the fifth full 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.
Ê 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 a copy of the notice to the tenant 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. 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; and
(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 remove the tenant
within 24 hours after receipt of the order.
4. If the tenant files an affidavit
pursuant to paragraph (b) of subsection 3 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, shall not provide for the nonadmittance of the tenant to
the premises by locking or otherwise.
5. Upon noncompliance of the tenant with a
notice served pursuant to subsection 1 or 2:
(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 commercial premises is located or to the district court of the county
in which the commercial premises is located, whichever has jurisdiction over
the matter. The court may thereupon issue an order directing the sheriff or
constable of the county to remove the tenant within 24 hours after receipt 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 pursuant to subsection 1 or 2 or 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 an
affidavit described in paragraph (b) of subsection 3 and a file-stamped copy of
the affidavit has been received by the landlord or the landlord’s agent, 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 an
affidavit pursuant to paragraph (b) of subsection 3, regardless of the
information contained in the affidavit and the filing by the landlord of an
affidavit pursuant to paragraph (a) of 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. A 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 118C.230 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,
Ê 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 due, if any, claimed by
the landlord pursuant to 118C.230 and any accumulating daily costs; and
(b) Order the release of the tenant’s property
upon the payment of the costs determined to be due or if no charges are
determined to be due.
9. 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.