AB283 - Revises provisions governing certain actions and proceedings relating to real property. (BDR 3-819)

- 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 of 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 prescribed 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 held. 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, to 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 contents 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 files 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 summary 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 must 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 served 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 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 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 section 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 reasonable 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 mobile 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 summary 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 [Text truncated for display. Full text available on LegiScan.]