AB340A - Revises provisions governing certain actions and proceedings relating to real property. (BDR 3-77)

(Reprinted with amendments adopted on May 25, 2023) THIRD REPRINT A.B. 340 - *AB340_R3* ASSEMBLY BILL NO. 340–ASSEMBLYMEN SUMMERS-ARMSTRONG; BROWN-MAY, DURAN, GORELOW, NEWBY, ORENTLICHER, PETERS, THOMAS, TORRES AND WATTS MARCH 20, 2023 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing certain actions and proceedings relating to real property. (BDR 3-77) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. 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 1 of a premises from a tenant to do so by filing an unlawful detainer action or an 2 action for summary eviction. (NRS 40.253, 40.254, 40.2542, 40.290-40.420) 3 Existing law prescribes separate summary eviction procedures for the summary 4 eviction of: (1) certain tenants who are not tenants of a commercial premises and 5 who default in the payment of rent; (2) certain tenants who are guilty of unlawful 6 detainer for reasons other than a default in the payment of rent; and (3) certain 7 tenants of a commercial premises who default in the payment of rent. (NRS 40.253, 8 40.254, 40.2542) 9 In general, the summary eviction procedures prescribed by existing law require 10 a landlord to provide certain written notice to a tenant: (1) informing the tenant that 11 he or she must take certain action or surrender the premises on or before a date 12 specified in the notice; and (2) advising the tenant of his or her right to contest the 13 matter by filing an affidavit with the court that has jurisdiction over the matter. In 14 so doing, the summary eviction procedures prescribed by existing law require a 15 tenant who contests a summary eviction to file an affidavit in court concerning an 16 action for summary eviction before a landlord is required to make any filing 17 concerning the matter. If such an affidavit is filed, a hearing is held. If no such 18 affidavit is filed, upon noncompliance of a tenant with the written notice, existing 19 law authorizes: (1) the landlord to apply by affidavit of complaint for the summary 20 eviction of the tenant; and (2) the court, without holding a hearing, to order the 21 removal of the tenant within a prescribed period. (NRS 40.253, 40.254, 40.2542) 22 Section 22 of this bill repeals the summary eviction procedures prescribed by 23 existing law for the summary eviction of: (1) certain tenants who are not tenants of 24 – 2 – - *AB340_R3* a commercial premises and who default in the payment of rent; and (2) certain 25 tenants who are guilty of unlawful detainer for reasons other than a default in the 26 payment of rent. Sections 2-6.5 of this bill reenact, reorganize and revise these 27 procedures. Section 2 of this bill establishes a new procedure for the summary 28 eviction of certain tenants who are not tenants of a commercial premises and who 29 default in the payment of rent. Section 6.5 of this bill establishes a new procedure 30 for the summary eviction of certain tenants who are guilty of unlawful detainer for 31 reasons other than a default in the payment of rent. 32 The new procedures for summary eviction set forth in sections 2 and 6.5 are 33 similar to the procedures repealed by section 22 except with regard to: (1) the 34 required contents of a written notice; (2) certain requirements relating to filings 35 made with the court; and (3) the period of time before the removal of a tenant. 36 Instead of requiring a tenant who contests a summary eviction to file an affidavit in 37 court before the landlord files a complaint, sections 2 and 6.5 require the landlord, 38 upon the expiration of certain notice provided to the tenant, to: (1) apply by 39 affidavit of complaint for the summary eviction of the tenant; and (2) serve the 40 tenant with a file-stamped copy of the affidavit of complaint and a copy of the 41 summons. Sections 2 and 6.5 additionally require the landlord to file with the court 42 proof of service of the affidavit, summons and notice within a prescribed period. 43 Sections 2 and 6.5 require the tenant to file an answer to the affidavit of compliant 44 within 7 calendar days after the date of service. If a tenant files an answer within 45 the prescribed period, a hearing is held. If no such answer is filed, sections 2 and 46 6.5 authorize the court, without holding a hearing, to order the removal of the 47 tenant within a prescribed period under certain circumstances. Sections 9-20 of this 48 bill make conforming changes relating to the repeal, revision and reorganization of 49 the procedures for summary eviction. 50 Existing law requires a court that grants an action for summary eviction for a 51 default in the payment of rent during the COVID-19 emergency to automatically 52 seal the eviction case court file. (NRS 40.2545) Section 11 of this bill removes 53 requirements relating to the COVID-19 emergency. Section 11 also requires a court 54 to automatically seal the eviction case court file for an action for summary eviction 55 brought pursuant to section 2 or 6.5 under certain circumstances. 56 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 1 thereto the provisions set forth as sections 2 to 8, inclusive, of this 2 act. 3 Sec. 2. 1. Except as otherwise provided in subsection 14, in 4 addition to the remedies provided in NRS 40.290 to 40.420, 5 inclusive, a landlord may pursue the summary eviction of a tenant 6 for a default in the payment of rent using the procedure for 7 summary eviction provided in this section. 8 2. Before a landlord or landlord’s agent may file an affidavit 9 of complaint for the summary eviction of a tenant for a default in 10 the payment of rent, the landlord or the landlord’s agent must 11 serve upon the tenant a written notice which: 12 (a) Except as otherwise provided in subsection 12, requires the 13 tenant to pay the past due rent or surrender the premises before 14 – 3 – - *AB340_R3* the close of business on the seventh calendar day following the 1 date of service; and 2 (b) Informs the tenant that if the tenant fails to comply with 3 the requirements of paragraph (a), the landlord may apply by 4 affidavit of complaint for the summary eviction of the tenant. 5 3. Upon noncompliance of a tenant with the notice provided 6 pursuant to subsection 2, the landlord or the landlord’s agent may 7 apply by affidavit of complaint for summary eviction to the justice 8 court of the township in which the dwelling, apartment, mobile 9 home or recreational vehicle is located. After the filing of an 10 affidavit of complaint for summary eviction, a summons must be 11 issued. 12 4. An affidavit of complaint for summary eviction filed 13 pursuant to subsection 3 must: 14 (a) Except as otherwise provided in subsection 12, be filed with 15 the court not later than 30 calendar days after the expiration of 16 the notice period described in subsection 2; and 17 (b) State or contain: 18 (1) The date the tenancy commenced; 19 (2) The amount of periodic rent reserved; 20 (3) The amounts of any cleaning, security or rent deposits 21 paid in advance, in excess of the first month’s rent, by the tenant; 22 (4) The date the rental payments became delinquent; 23 (5) The length of time the tenant has remained in 24 possession without paying rent; 25 (6) The amount of rent claimed due and delinquent; 26 (7) A statement that the written notice was served on the 27 tenant in accordance with NRS 40.280; 28 (8) A copy of the written notice served on the tenant 29 pursuant to subsection 2; and 30 (9) A copy of the signed written rental agreement, if any. 31 5. A landlord or landlord’s agent who applies for summary 32 eviction pursuant to subsection 3 shall, within: 33 (a) Fifteen calendar days after the date on which the affidavit 34 of complaint for summary eviction is filed, serve upon the tenant a 35 file-stamped copy of the affidavit of complaint, with or without the 36 documents required to be included in the affidavit of complaint 37 pursuant to subparagraphs (8) and (9) of paragraph (b) of 38 subsection 4, and a copy of the summons which must advise the 39 tenant that: 40 (1) Except as otherwise provided in subsection 12, the 41 tenant must file a written answer to the affidavit of complaint for 42 summary eviction with the court that has jurisdiction over the 43 matter not later than 7 calendar days after service of the affidavit 44 of complaint for summary eviction; 45 – 4 – - *AB340_R3* (2) If the tenant does not file an answer within the period 1 described in subparagraph (1), the court may issue a summary 2 order for the removal of the tenant or providing for the 3 nonadmittance of the tenant; 4 (3) Pursuant to NRS 118A.390, the tenant may seek relief if 5 a landlord unlawfully removes the tenant from the premises or 6 excludes the tenant by blocking or attempting to block the tenant’s 7 entry upon the premises or willfully interrupts or causes or permits 8 the interruption of an essential item or service required by the 9 rental agreement or chapter 118A of NRS; and 10 (4) The tenant may request that the court stay the execution 11 of the summary order for the removal of the tenant or providing 12 for the nonadmittance of the tenant for a period not exceeding 10 13 days pursuant to subsection 2 of NRS 70.010, stating the reasons 14 why such a stay is warranted. 15 (b) Thirty calendar days after the date on which the affidavit 16 of complaint for summary eviction is filed, file with the court proof 17 of service of the affidavit and summons required by paragraph (a). 18 6. Except as otherwise provided in subsection 12, upon being 19 served pursuant to subsection 5, the tenant shall, within 7 20 calendar days after the day of service, file a written answer with 21 the court that has jurisdiction over the matter. If no written 22 answer is filed within the time period prescribed by this subsection 23 and the landlord otherwise complies with the requirements 24 prescribed by this section, the court may, without holding a 25 hearing but after determining that a landlord has complied with 26 the requirements prescribed by this section and the tenant is guilty 27 of an unlawful detainer, issue a summary order which: 28 (a) Provides for the removal of the tenant or for the 29 nonadmittance of the tenant; and 30 (b) Directs the sheriff or constable of the county to perform the 31 actions required by section 4 of this act. 32 7. If a tenant files a written answer pursuant to subsection 6, 33 the court shall hold a hearing to determine the truthfulness and 34 sufficiency of the affidavit of complaint for summary eviction. 35 8. If, after a hearing held pursuant to subsection 7, the court 36 determines that: 37 (a) There is no legal defense as to the alleged unlawful 38 detainer and the tenant is guilty of an unlawful detainer, the court 39 may issue a summary order for the removal of the tenant or 40 providing for the nonadmittance of the tenant. 41 (b) There is a legal defense as to the alleged unlawful detainer, 42 the court shall take no further action and any further proceedings 43 must be conducted pursuant to NRS 40.290 to 40.420, inclusive. 44 – 5 – - *AB340_R3* 9. The court shall dismiss an action for summary eviction if 1 the landlord does not comply with the requirements prescribed by 2 paragraph (b) of subsection 5. 3 10. Written notices to the tenant prescribed by this section, 4 including, without limitation, the affidavit of complaint and 5 summons, must be served in the manner provided by NRS 40.280. 6 11. Proof of service of any notice required by this section 7 must be filed with the court before a summary order for the 8 removal of the tenant or providing for the nonadmittance of the 9 tenant is issued pursuant to subsection 6 or 8, as applicable. 10 12. For the purposes of this section, if the date on which: 11 (a) An affidavit of complaint for summary eviction or a written 12 answer to such an affidavit must be filed falls on a nonjudicial 13 day, the filing is timely if performed on the next judicial day. 14 (b) A tenant must pay any past due rent or surrender the 15 premises falls on a Saturday, Sunday or legal holiday, the tenant 16 must pay the past due rent or surrender the premises before the 17 close of business on the next day the business office of the 18 landlord is open. 19 13. A landlord shall not refuse to accept rent from a tenant 20 that is submitted after the landlord or the landlord’s agent has 21 served a notice pursuant to subsection 2 if the refusal is based on 22 the fact that the tenant has not paid collection fees, attorney’s fees 23 or other costs other than rent, a reasonable charge for late 24 payments of rent or dishonored checks, or a security deposit. 25 14. Except as otherwise provided in NRS 118A.315, this 26 section does not apply to: 27 (a) A tenant of a commercial premises; 28 (b) A tenant of a mobile home lot in a mobile home park or a 29 tenant of a recreational vehicle lot in an area of a mobile home 30 park in this State, other than an area designated as a recreational 31 vehicle lot pursuant to the provisions of subsection 8 of NRS 32 40.215; or 33 (c) A tenant who provides proof to the landlord that he or she 34 is a federal worker, tribal worker, state worker or household 35 member of such a worker during a shutdown. 36 15. As used in this section, “security deposit” has the 37 meaning ascribed to it in NRS 118A.240. 38 Sec. 3. (Deleted by amendment.) 39 Sec. 4. Upon receipt of a summary order for the removal of 40 the tenant or providing for the nonadmittance of the tenant issued 41 pursuant to subsection 6 of section 2 of this act, the sheriff or 42 constable shall: 43 – 6 – - *AB340_R3* 1. Post the order in a conspicuous place on the premises not 1 later than 24 hours after the order is received by the sheriff or 2 constable. 3 2. As soon as reasonably practicable, but not earlier than 24 4 hours after the pos [Text truncated for display. Full text available on LegiScan.]