Title 3

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…

NRS 40.330 Amendment of complaint to conform to proof; continuance. When, upon the trial of any proceeding under NRS 40.220 to 40.420, inclusive, it appears from the evidence that the defendant has been guilty of either a forcible entry or forcible or unlawful detainer, and other…

NRS 40.340 Adjournments. The court or justice of the peace may for good cause shown adjourn the trial of any cause under NRS 40.220 to 40.420, inclusive, not exceeding 5 days; and when the defendant, or the defendant’s agent or attorney, shall make oath that the defendant cannot …

NRS 40.350 Trial not to be adjourned when plaintiff admits evidence in affidavit would be given. If the plaintiff admits that the evidence stated in the affidavit mentioned in NRS 40.340 would be given by such witness, and agrees that it be considered as actually given on the tri…

NRS 40.360 Judgment; damages; execution and enforcement. 1. Judgment. If, upon the trial, the verdict of the jury, or, if the case be tried without a jury, the finding of the court, be in favor of the plaintiff and against the defendant, judgment shall be entered for the restitut…

NRS 40.370 Verification of complaint and answer. The complaint and answer must be verified. [1911 CPA § 658; RL § 5600; NCL § 9147]

NRS 40.380 Provisions governing appeals. Either party may, within 10 days, appeal from the judgment rendered. But an appeal by the defendant shall not stay the execution of the judgment, unless, within the 10 days, the defendant shall execute and file with the court or justice th…

NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay. 1. Either party may appeal an order entered pursuant to NRS 40.253, 40.254 or 40.2542 by filing a notice of appeal within 10 judicial days after the date of entry …

NRS 40.390 Appellate court not to dismiss or quash proceedings for want of form. In all cases of appeal under NRS 40.220 to 40.420, inclusive, the appellate court shall not dismiss or quash the proceedings for want of form, provided the proceedings have been conducted substantial…

NRS 40.400 Rules of practice. The provisions of NRS, Nevada Rules of Civil Procedure, Justice Court Rules of Civil Procedure and Nevada Rules of Appellate Procedure relative to civil actions, appeals and new trials, so far as they are not inconsistent with the provisions of NRS 4…

NRS 40.412 Housebreaking and unlawful occupancy: When owner may retake possession and change locks; notice required. 1. Except as otherwise provided in subsection 4, in addition to the remedy provided in NRS 40.290 to 40.420, inclusive, when all known unlawful or unauthorized adu…

NRS 40.414 Forcible entry or forcible detainer: When owner or occupant may recover possession; notice required; response by unlawful or unauthorized occupant; complaint for eviction; actions by court; disposal of abandoned personal property. 1. In addition to the remedy provided …

NRS 40.416 Recovery of possession by occupant who has been locked out of dwelling: Filing of verified complaint for reentry; trial; issuance of writ of restitution if lockout was unjustified; appeal; failure to comply constitutes contempt. 1. If the owner of a dwelling or an auth…

NRS 40.420 Form of writ of restitution; execution. 1. The writ of restitution issued by a justice of the peace must be substantially in the following form: The State of Nevada to the sheriff or constable of the county of ................, greeting: Whereas, A.B., of the county of…

NRS 40.425 Notice of execution on writ of restitution. 1. Execution on the writ of restitution may occur only if the sheriff serves the judgment debtor with notice of the execution and a copy of the writ in the manner described in NRS 21.076. The notice must describe the types of…

NRS 40.426 Definitions. As used in NRS 40.426 to 40.495, inclusive, unless the context otherwise requires, the words and terms defined in NRS 40.427, 40.428 and 40.429 have the meanings ascribed to them in those sections. (Added to NRS by 2015, 3336; A 2017, 1115; 2019, 3181)

NRS 40.427 “Foreclosure sale” defined. “Foreclosure sale” means the sale of real property to enforce an obligation secured by a mortgage or lien on the property, including the exercise of a trustee’s power of sale pursuant to NRS 107.080. (Added to NRS by 2015, 3336)

NRS 40.428 “Mortgage or other lien” defined. “Mortgage or other lien” includes a deed of trust, but does not include a lien which arises pursuant to chapter 108 of NRS, pursuant to an assessment under chapter 116, 116B, 117, 119A or 278A of NRS or pursuant to a judgment or decree…

NRS 40.429 “Sale in lieu of a foreclosure sale” defined. “Sale in lieu of a foreclosure sale” means a sale of real property pursuant to an agreement between a person to whom an obligation secured by a mortgage or other lien on real property is owed and the debtor of that obligati…

NRS 40.430 Action for recovery of debt secured by mortgage or other lien; “action” defined. 1. Except in cases where a person proceeds under subsection 2 of NRS 40.495 or subsection 1 of NRS 40.512, and except as otherwise provided in NRS 118C.220, there may be but one action for…

NRS 40.435 Judicial proceedings in violation of NRS 40.430; provisions of NRS 40.430 as an affirmative defense. 1. The commencement of or participation in a judicial proceeding in violation of NRS 40.430 does not forfeit any of the rights of a secured creditor in any real or pers…

NRS 40.437 Additional requirements for action affecting owner-occupied housing: Notice; form; election or waiver of mediation; rules concerning mediation; applicability. 1. An action pursuant to NRS 40.430 affecting owner-occupied housing that is commenced in a court of competent…

NRS 40.439 Limitations on foreclosure sales involving certain members of military or dependents. 1. Notwithstanding any other provision of law and except as otherwise ordered by a court of competent jurisdiction, if a borrower is a servicemember or, in accordance with subsection …

NRS 40.4395 Limitations on foreclosure sales involving shutdown. 1. Notwithstanding any other provision of law and except as otherwise ordered by a court of competent jurisdiction, if a borrower provides proof that he or she is a federal worker, tribal worker or state worker or, …

NRS 40.440 Disposition of proceeds of foreclosure sale. Following a foreclosure sale, the court may cause the proceeds of the foreclosure sale to be paid to the persons entitled to it pursuant to NRS 40.462, and in the meantime may direct it to be deposited in court. [1911 CPA § …

NRS 40.450 Proceedings when debt secured falls due at different times. If the debt for which the mortgage or other lien on real property is held is not all due, as soon as a sufficient amount of the property has been sold to pay the amount due, with costs, the sale shall cease. A…

NRS 40.451 “Indebtedness” defined. As used in NRS 40.451 to 40.463, inclusive, “indebtedness” means the principal balance of the obligation secured by a mortgage or other lien on real property, together with all interest accrued and unpaid prior to the time of foreclosure sale, a…

NRS 40.453 Waiver of rights in documents relating to sale of real property against public policy and unenforceable; exception. Except as otherwise provided in NRS 40.495: 1. It is hereby declared by the Legislature to be against public policy for any document relating to the sale…

NRS 40.455 Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust; exceptions. 1. Except as otherwise provided in subsection 3, upon application of the judgment creditor or the beneficiary of the deed of trust within 6 months after the date of the foreclo…

NRS 40.457 Hearing before award of deficiency judgment; appraisal of property sold. 1. Before awarding a deficiency judgment under NRS 40.455, the court shall hold a hearing and shall take evidence presented by either party concerning the fair market value of the property sold as…