Title 3

NRS 40.0035 “Shutdown” defined. “Shutdown” means any period in which there is a lapse in appropriations for a federal or state agency or tribal government that continues through any unpaid payday for a federal worker, state worker or tribal worker employed by that agency or triba…

NRS 40.004 “State worker” defined. “State worker” means an employee of a state agency or an employee of a contractor who has entered into a contract with a state agency. (Added to NRS by 2019, 3176)

NRS 40.0045 “Tribal worker” defined. “Tribal worker” means an employee of a qualified Indian tribe or an employee of a contractor who has entered into a contract with a qualified Indian tribe. (Added to NRS by 2019, 3176)

NRS 40.005 Zoning requirements to be considered by court. In any proceeding involving disposition of land the court shall consider lot size and other applicable zoning requirements before ordering a physical division of the land. (Added to NRS by 1977, 1512) ACTIONS TO DETERMINE …

NRS 40.010 Actions may be brought against adverse claimants. An action may be brought by any person against another who claims an estate or interest in real property, adverse to the person bringing the action, for the purpose of determining such adverse claim. [1911 CPA § 572; RL…

NRS 40.020 Plaintiff not entitled to costs on default judgment or disclaimer. If the defendant in such action disclaim in the defendant’s answer any interest or estate in the property, or suffer judgment to be taken against the defendant without answer, the plaintiff shall not re…

NRS 40.030 Plaintiff may recover damages for property withheld where plaintiff’s right terminated during pendency of action. In an action for the recovery of real property, where the plaintiff shows a right to recover at the time the action was commenced but it appears that the p…

NRS 40.040 Value of permanent improvements to be allowed as setoff. When damages are claimed for withholding the property recovered, upon which permanent improvements have been made by a defendant or those under whom the defendant claims, holding under color of title adversely to…

NRS 40.050 Mortgage not deemed conveyance. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to take possession of the real property in the absence of a foreclosure sale or in accordance with NRS 32.100 to …

NRS 40.060 Court may enjoin injury to property during foreclosure. The court may by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property during the foreclosure of a mortgage thereon; or after a sale on execution, befo…

NRS 40.070 Damages may be recovered for injury to possession after sale and before delivery. When real property shall have been sold on execution, the purchaser thereof, or any person who may have succeeded to the purchaser’s interest, may, after the purchaser’s estate becomes ab…

NRS 40.080 Action not to be prejudiced by alienation pending suit. An action for the recovery of real property against a person in possession cannot be prejudiced by an alienation made by such person, either before or after the commencement of the action. [1911 CPA § 579; RL § 55…

NRS 40.090 Action by person in adverse possession: Verified complaint; defendants; notice of pending litigation. 1. An action may be brought to determine the adverse claims to and clouds upon title to real property by a person who, personally or in combination with the person’s p…

NRS 40.100 Action by person in adverse possession: Issuance, service and posting of summons; rights of unknown persons. 1. Within 1 year after the filing of the complaint, as required by NRS 40.090, a summons must be issued in the manner and form prescribed in the Nevada Rules of…

NRS 40.110 Court to hear case; must not enter judgment by default; effect of final judgment. 1. When the summons has been served as provided in NRS 40.100 and the time for answering has expired, the court shall proceed to hear the case as in other cases and shall have jurisdictio…

NRS 40.120 Remedy is cumulative. The remedy provided in NRS 40.090, 40.100 and 40.110 shall be construed as cumulative and not exclusive of any other remedy, form or right of action or proceeding now allowed by law. [1911 CPA § 583; RL § 5525; NCL § 9072]

NRS 40.130 Adverse action on mining claim. In all actions brought to determine the right of possession of a mining claim, or metalliferous vein or lode, where an application has been made to the proper officers of the Government of the United States by either of the parties to su…

NRS 40.140 Nuisance defined; action for abatement and damages; exceptions. 1. Except as otherwise provided in this section: (a) Anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with t…

NRS 40.150 Action for waste; judgment may be for treble damages. If a guardian, tenant for life or years, joint tenant or tenant in common of real property commit waste thereon, any person aggrieved by the waste may bring an action against the guardian or tenant who committed the…

NRS 40.160 Action for trespass for cutting or carrying away trees or wood; treble damages. 1. Any person who cuts down or carries off any wood or underwood, tree or timber, or girdles or otherwise injures any tree or timber on the land of another person, or on the street or highw…

NRS 40.180 Manner of working mine or mining claim; assessment of damages. 1. Any person being the owner of, or in possession under any lease or contract for the working of any mine or mines within this state, shall have the right to institute and maintain an action for the recove…

NRS 40.190 Continuation of judgment lien. Any judgment obtained for damages under the provisions of NRS 40.180 shall become a lien upon all the property of the judgment debtor not exempt from execution in the State of Nevada, owned by the judgment debtor, or which may afterwards …

NRS 40.200 Application for order of survey; notice and order; report of survey; costs of and damages caused by survey. 1. Any person named in NRS 40.180 and 40.190 shall have the right to apply for and obtain from any district court, or the judge thereof, an order of survey in th…

NRS 40.210 Order allowing party to survey and measure land in dispute; contents and service of order; liability for unnecessary injury. 1. The court in which an action is pending for the recovery of real property or for damages for an injury thereto, or a judge thereof, may, on m…

NRS 40.215 Definitions. As used in NRS 40.215 to 40.425, inclusive, unless the context requires otherwise: 1. “Dwelling” or “dwelling unit” means a structure or part thereof that is occupied, or designed or intended for occupancy, as a residence or sleeping place by one person wh…

NRS 40.220 Entry to be made only when legal and in peaceable manner. No entry shall be made upon or into any real property or other possessions but in cases where entry is given by law; and in such cases, only in a peaceable manner, not with strong hand nor with multitude of peop…

NRS 40.230 Forcible entry defined; recovery of possession following forcible entry; treble damages. 1. Every person is guilty of a forcible entry who unlawfully enters any real property: (a) By means of physical force resulting in damage to a structure on the real property; (b) B…

NRS 40.240 Forcible detainer defined; recovery of possession following forcible detainer; treble damages. 1. Every person is guilty of a forcible detainer who either: (a) Unlawfully holds and keeps the possession of any real property by force or threats of violence, or whether th…

NRS 40.250 Unlawful detainer: Possession after expiration of term. A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when the tenant continues in possession, in person or by subtenant, of the property or mobile home or any part…

NRS 40.251 Unlawful detainer: Possession of property leased for indefinite time after notice to surrender; older person or person with a disability entitled to extension of period of possession upon request; federal worker, tribal worker, state worker or household member of such …

NRS 40.2512 Unlawful detainer: Possession after default in payment of rent; exception. 1. Except as otherwise provided in subsection 2, a tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when the tenant continues in possession, …

NRS 40.2514 Unlawful detainer: Assignment or subletting contrary to lease; waste; unlawful business; nuisance; violations of controlled substances laws. A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when the tenant: 1. Assi…

NRS 40.2516 Unlawful detainer: Possession after failure to perform conditions of lease; saving lease from forfeiture; recovery of possession following unlawful detainer. 1. A tenant of real property, a dwelling unit, a recreational vehicle or a mobile home other than a mobile hom…

NRS 40.252 Unlawful detainer: Contractual provisions void if contrary to specified periods of notice; notice to surrender by colessor is valid unless showing other colessors did not authorize notice. For the purposes of NRS 40.250 to 40.252, inclusive, and NRS 40.254: 1. It is un…

NRS 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 an…

NRS 40.254 Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property. 1. Except as otherwise provided by specific statute, in addition to the remedy provided in NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling …

NRS 40.2542 Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant of commercial premises. 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 t…

NRS 40.2545 Unlawful detainer: Sealing of eviction case court file under certain circumstances; notice to surrender must not be made available for public inspection. 1. If a court grants an action for summary eviction pursuant to NRS 40.253 during the COVID-19 emergency, the cour…

NRS 40.255 Removal of person holding over after 3-day notice to surrender; circumstances authorizing removal; exception and additional notice required for occupying tenants and subtenants of property sold as residential foreclosure. 1. Except as otherwise provided in subsections …

NRS 40.260 Tenant of agricultural lands may hold over if not notified. In all cases of tenancy upon agricultural land where the tenant has held over and retained possession for more than 60 days after the expiration of the tenant’s term, without any demand of possession or notice…

NRS 40.270 Tenant has similar remedies against subtenant. A tenant may take proceedings similar to those prescribed in this chapter to obtain possession of the premises let to any subtenant in case of the subtenant’s unlawful detention of the premises let by the tenant to the sub…

NRS 40.280 Service of notices to surrender; proof required before issuance of order to remove or writ of restitution. 1. Except as otherwise provided in NRS 40.253 and 40.2542, the notices required by NRS 40.251 to 40.260, inclusive, must be served by the sheriff, a constable, a …

NRS 40.290 Parties defendant; persons bound by judgment. No person other than the tenant of the premises and the subtenant, if there be one, in actual occupation of the premises when the action is commenced, need be made parties defendant in the proceeding, nor shall any proceedi…

NRS 40.300 Contents of complaint; issuance and service of summons; temporary writ of restitution; notice, hearing and bond. 1. The plaintiff in his or her complaint, which shall be in writing, must set forth the facts on which the plaintiff seeks to recover, and describe the prem…

NRS 40.310 Issue of fact to be tried by jury if proper demand made. Whenever an issue of fact is presented by the pleadings, it shall be tried by a jury, if proper demand is made pursuant to the Nevada Rules of Civil Procedure or the Justice Court Rules of Civil Procedure. [1911 …

NRS 40.320 Proof required of plaintiff and defendant on trial. 1. On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that the plaintiff was…