USA Statutes : nevada
Title : Title 03 - REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS
Chapter : CHAPTER 40 - ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PROPERTY
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 CONFLICTING CLAIMS TO REAL PROPERTY
An
action may be brought by any person against another who claims an estate
or interest in real property, adverse to him, for the purpose of
determining such adverse claim.
[1911 CPA § 572; RL § 5514; NCL § 9061]
If the defendant in such action disclaim in his answer any
interest or estate in the property, or suffer judgment to be taken
against him without answer, the plaintiff shall not recover costs.
[1911 CPA § 573; RL § 5515; NCL § 9062]
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 his
right has terminated during the pendency of the action, the verdict and
judgment shall be according to the fact, and the plaintiff may recover
damages for withholding the property.
[1911 CPA § 574; RL § 5516; NCL § 9063]
When damages are claimed for withholding the property recovered,
upon which permanent improvements have been made by a defendant or those
under whom he claims, holding under color of title adversely to the
claims of the plaintiff, in good faith, the value of such improvements
shall be allowed as a setoff against such damages.
[1911 CPA § 575; RL § 5517; NCL § 9064]
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
without a foreclosure and sale.
[1911 CPA § 576; RL § 5518; NCL § 9065]
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, before a
conveyance.
[1911 CPA § 577; RL § 5519; NCL § 9066]
When real property shall have been sold on
execution, the purchaser thereof, or any person who may have succeeded to
his interest, may, after his estate becomes absolute, recover damages for
injury to the property by the tenant in possession, after sale and before
possession is delivered under the conveyance.
[1911 CPA § 578; RL § 5520; NCL § 9067]
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 § 5521; NCL § 9068]
1. An action may be brought to determine the adverse claims to and
clouds upon title to real property by a person who, by himself, or by
himself and his predecessors in interest, has been in the actual,
exclusive and adverse possession of such property continuously for more
than 15 years prior to the filing of the complaint, claiming to own the
same in fee, or by any other freehold estate, against the whole world,
and who has by himself or his predecessors in interest, paid all taxes of
every kind levied or assessed and due against the property during the
period of 5 years next preceding the filing of the complaint, except that
where clouds upon title to real property have been created by such
person, and the action is brought to remove such clouds, or any of them,
such period of actual, exclusive and adverse possession of such property
shall be for more than 10 years. The action shall be commenced by the
filing of a verified complaint averring the matters above enumerated.
2. The complaint must include as defendants in such action, in
addition to such persons as appear of record to have some claim, all
other persons who are known, or by the exercise of reasonable diligence
could be known, to plaintiff to have some claim to an estate, interest,
right, title, lien or cloud in or on the land described in the complaint
adverse to plaintiff’s ownership; and the complaint may also include as
defendants any and all other persons, unknown, claiming any estate,
right, title, interest or lien in such lands, or cloud upon the title of
plaintiff thereto; and the plaintiff may describe such unknown defendants
in the complaint as follows: “Also all other persons unknown claiming any
right, title, estate, lien or interest in the real property described in
the complaint adverse to plaintiff’s ownership, or any cloud upon
plaintiff’s title thereto.”
3. Within 10 days after the filing of the complaint, plaintiff
shall file or cause to be filed in the office of the county recorder of
the county where the property is situated, a notice of the pendency of
the action containing the matters required by NRS 14.010 .
[1911 CPA § 580; RL § 5522; NCL § 9069]—(NRS A 1965, 613)
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 Civil Procedure. In
addition to other requirements, the summons shall contain a description
of the property described in the complaint. In the summons the unknown
defendants shall be designated as in the complaint. Service of summons,
whether personal or otherwise, shall be effected in the manner prescribed
in the Nevada Rules of Civil Procedure; and the times for completion of
service and appearance by the defendant shall be as prescribed therein.
2. Within 30 days after the issuance of the summons, the plaintiff
shall post or cause to be posted a copy thereof in a conspicuous place,
on each separate parcel of the property described in the complaint, and
each parcel of the land upon which a copy of the summons is posted shall
be deemed to be in the possession of the court for all the purposes of
and pending the determination of the action. All such unknown persons so
served shall have the same rights as are provided by law in cases of all
other defendants named, upon whom service is made by publication or
personally, and the action shall proceed against such unknown persons in
the same manner as against the defendants who are named, upon whom
service is made by publication or personally, and with like effect; and
any such unknown person who has or claims to have any right, title,
estate, lien or interest in the property, or cloud on the title thereto,
adverse to plaintiff, at the time of the commencement of the action, who
has been duly served as aforesaid, and anyone claiming title under him
shall be concluded by the judgment in such action as effectually as if
the action had been brought against the person by his or her name and
personal service of process obtained, notwithstanding any such unknown
person may be under legal disability.
[1911 CPA § 581; A 1937, 23; 1955, 466]
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
jurisdiction to examine into and determine the legality of plaintiff’s
title and of the title and claim of all the defendants and of all unknown
persons, and to that end must not enter any judgment by default, but must
in all cases require evidence of plaintiff’s title and possession and
receive such legal evidence as may be offered respecting the claims and
title of any of the defendants and must thereafter direct judgment to be
entered in accordance with the evidence and the law. The court, before
proceeding to hear the case, must require proof to be made that the
summons has been served and posted as hereinbefore directed and that the
required notice of pendency of action has been filed.
2. The judgment after it has become final shall be conclusive
against all the persons named in the summons and complaint who have been
served personally, or by publication, and against all unknown persons as
stated in the complaint and summons who have been served by publication,
but shall not be conclusive against the State of Nevada or the United
States. The judgment shall have the effect of a judgment in rem except as
against the State of Nevada and the United States; and the judgment shall
not bind or be conclusive against any person claiming any recorded
estate, title, right, possession or lien in or to the property under the
plaintiff or his predecessors in interest, which claim, lien, estate,
title, right or possession has arisen or been created by the plaintiff or
his predecessor in interest within 10 years prior to the filing of the
complaint.
[1911 CPA § 582; RL § 5524; NCL § 9071]
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]
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 such
action for a patent for the mining claim, vein or lode, it shall only be
necessary to confer jurisdiction on the court to try the action, and
render a proper judgment therein, that it appear that an application for
a patent for such mining claim, vein or lode has been made, and that the
parties to the action are claiming such mining claim, vein or lode, or
some part thereof, or the right of possession thereof.
[1911 CPA § 584; RL § 5526; NCL § 9073]
ACTIONS FOR NUISANCE, WASTE AND WILLFUL TRESPASS ON REAL PROPERTY
1. Except as otherwise provided in this section, 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 the
comfortable enjoyment of life or property, including, without limitation,
a building or place used for the purpose of unlawfully selling, serving,
storing, keeping, manufacturing, using or giving away a controlled
substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043
, is a nuisance, and the subject of an action. The action may
be brought by any person whose property is injuriously affected, or whose
personal enjoyment is lessened by the nuisance, and by the judgment the
nuisance may be enjoined or abated, as well as damages recovered.
2. It is presumed:
(a) That an agricultural activity conducted on farmland, consistent
with good agricultural practice and established before surrounding
nonagricultural activities is reasonable. Such activity does not
constitute a nuisance unless the activity has a substantial adverse
effect on the public health or safety.
(b) That an agricultural activity which does not violate a federal,
state or local law, ordinance or regulation constitutes good agricultural
practice.
3. A shooting range does not constitute a nuisance with respect to
any noise attributable to the shooting range if the shooting range is in
compliance with the provisions of all applicable statutes, ordinances and
regulations concerning noise:
(a) As those provisions existed on October 1, 1997, for a shooting
range in operation on or before October 1, 1997; or
(b) As those provisions exist on the date that the shooting range
begins operation, for a shooting range that begins operation after
October 1, 1997.
ÊA shooting range is not subject to any state or local law related to the
control of noise that is adopted or amended after the date set forth in
paragraph (a) or (b), as applicable, and does not constitute a nuisance
for failure to comply with any such law.
4. As used in this section, “shooting range” means an area
designed and used for archery or sport shooting, including, but not
limited to, sport shooting that involves the use of rifles, shotguns,
pistols, silhouettes, skeet, trap, black powder or other similar items.
[1911 CPA § 562; RL § 5504; NCL § 9051]—(NRS A 1985, 873; 1997,
951, 1471, 1472)
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 him therefor, in which action there may
be judgment for treble damages.
[1911 CPA § 563; RL § 5505; NCL § 9052]
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 highway in front of any
person’s house, city or town lot, or cultivated grounds, or on the
commons or public grounds of any city or town, or on the street or
highway in front thereof, without lawful authority, is liable to the
owner of such land, or to such city or town, for treble the amount of
damages which may be assessed therefor, in a civil action in any court
having jurisdiction.
2. Nothing in subsection 1 of this section authorizes the recovery
of more than the just value of the timber taken from uncultivated
woodland for the repair of a public highway or bridge upon the land, or
adjoining it.
[1911 CPA § 564; RL § 5506; NCL § 9053] + [1911 CPA § 565; RL §
5507; NCL § 9054]—(NRS A 1983, 111)
If a person recover damages for a forcible or unlawful entry
in or upon, or detention of, any building or any uncultivated or
cultivated real property, judgment may be entered for three times the
amount at which the actual damages are assessed.
[1911 CPA § 566; RL § 5508; NCL § 9055]—(NRS A 1959, 22)
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 recovery of
any damages that may accrue by reason of the manner in which any mine or
mines have been or are being worked and managed by any person who may be
the owner, or in possession of and working such mine or mines under a
lease or contract, and to prevent the continuance of working and managing
such mine or mines in such manner as to hinder, injure, or in anywise
endanger the safety of any mine or mines adjacent or adjoining thereto.
2. Any such owner of, or person in the possession of, any mine or
mining claim, who shall enter upon or into, in any manner, any mine or
mining claim, the property of another, and mine, extract, excavate or
carry away any valuable mineral therefrom shall be liable to the owner of
any such mine or mines trespassed upon in the amount of the value of all
such mineral mined, extracted, excavated or carried away, and for all
other damages, and in the absence of a showing to the contrary, the value
of all such mineral mined, extracted, excavated or carried away shall be
presumed to be twice the amount of the gross value of the same
ascertained by an average assay of the excavated material or the ledge
from which it was taken. If such trespass was made in bad faith, such
damages may be trebled.
[1911 CPA § 567; RL § 5509; NCL § 9056]
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 him, or which may afterwards be acquired, as is now provided for
by law, which lien shall continue 2 years, unless the judgment be sooner
satisfied.
[1911 CPA § 568; RL § 5510; NCL § 9057]
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 the following manner: An
application shall be made by filing the affidavit of the person making
the application, which affidavit shall state, as near as can be
described, the location of the mine or mines of the parties complained
of, and as far as known, the names of such parties; also, the location of
the mine or mines of the party making such application, and that he has
reason to believe, and does believe, that the parties complained of,
their agent, or employees, are or have been trespassing upon the mine or
mines of the party complaining, or are working their mine in such manner
as to damage or endanger the property of the affiant.
2. Upon the filing of the affidavit as prescribed in subsection 1,
the court or judge shall cause a notice to be given to the party
complained of, or the agent thereof, which notice shall state the time,
place, and before whom the application will be heard, and shall cite the
party to appear in not less than 5 nor more than 10 days from the date
thereof, to show cause why an order of survey should not be granted; and
upon good cause shown, the court or judge shall grant such order,
directed to some competent surveyor or surveyors, or to some competent
mechanics, or miners, or both, as the case may be, who shall proceed to
make the necessary examination as directed by the court and report the
result and conclusions to the court, which report shall be filed with the
clerk of the court.
3. The costs of the order and survey shall be paid by the persons
making the application, unless such parties shall subsequently maintain
an action and recover damages, as provided for in NRS 40.180 , by reason of a trespass or damage done or
threatened prior to such survey or examination having been made, and in
that case, such costs shall be taxed against the defendant as other costs
in the suit.
4. The parties obtaining such survey shall be liable for any
unnecessary injury done to the property in the making of such survey.
[1911 CPA § 569; RL § 5511; NCL § 9058]
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 motion, upon notice by either party for good cause shown, grant
an order allowing to such party the right to enter upon the property and
make survey and measurement thereof, for the purpose of the action, even
though entry for such purpose has to be made through other lands
belonging to parties to the action.
2. The order shall describe the property; a copy thereof shall be
served on the owner or occupant, and thereupon such party may enter upon
the property with necessary surveyors and assistants, and may make such
survey and measurements; but if any unnecessary injury be done to the
property he shall be liable therefor.
[1911 CPA § 570; RL § 5512; NCL § 9059] + [1911 CPA § 571; RL §
5513; NCL § 9060]
SUMMARY PROCEEDINGS FOR OBTAINING POSSESSION OF REAL PROPERTY,
RECREATIONAL VEHICLE OR MOBILE HOME
As used in NRS 40.215 to 40.425 ,
inclusive, unless the context requires otherwise:
1. “Mobile home” means every vehicle, including equipment, which
is constructed, reconstructed or added to in such a way as to have an
enclosed room or addition occupied by one or more persons as a dwelling
or sleeping place and which has no foundation other than wheels, jacks,
skirting or other temporary support.
2. “Mobile home lot” means a portion of land within a mobile home
park which is rented or held out for rent to accommodate a mobile home.
3. “Mobile home park” or “park” means an area or tract of land
where two or more mobile homes or mobile home lots are rented or held out
for rent. “Mobile home park” or “park” does not include those areas or
tracts of land, whether within or outside of a park, where the lots are
held out for rent on a nightly basis.
4. “Premises” includes a mobile home.
5. “Recreational vehicle” means a vehicular structure primarily
designed as temporary living quarters for travel, recreational or camping
use, which may be self-propelled or mounted upon or drawn by a motor
vehicle.
6. “Recreational vehicle lot” means a portion of land within a
recreational vehicle park, or a portion of land so designated within a
mobile home park, which is rented or held out for rent to accommodate a
recreational vehicle overnight or for less than 3 months.
7. “Recreational vehicle park” means an area or tract of land
where lots are rented or held out for rent to accommodate a recreational
vehicle overnight or for less than 3 months.
(Added to NRS by 1969, 264; A 1979, 1877; 1981, 2037; 1989, 1081;
1997, 3510)
No entry shall be made into any lands, tenements 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
people.
[1911 CPA § 643; RL § 5585; NCL § 9132]
Every person is guilty of a
forcible entry who either:
1. By breaking open doors, windows or other parts of a house, or
by fraud, intimidation or stealth, or by any kind of violence or
circumstance of terror, enters upon or into any real property; or
2. Who, after entering peaceably upon real property, turns out by
force, threats or menacing conduct, the party in natural possession.
[1911 CPA § 644; RL § 5586; NCL § 9133]
Every person is guilty of a
forcible detainer who either:
1. By force, or by menaces or threats of violence, unlawfully
holds and keeps the possession of any real property, whether the same was
acquired peaceably or otherwise; or
2. Who, in the nighttime, or during the absence of the occupant of
any real property, unlawfully enters thereon, and who, after demand made
for the surrender thereof, refuses for a period of 3 days to surrender
the same to such former occupant. The occupant of real property within
the meaning of this subsection is one who, within 5 days preceding such
unlawful entry, was in the peaceable and undisturbed possession of such
lands.
[1911 CPA § 645; RL § 5587; NCL § 9134]
A tenant of real property or a mobile home for a term less than life is
guilty of an unlawful detainer when he continues in possession, in person
or by subtenant, of the property or mobile home or any part thereof,
after the expiration of the term for which it is let to him. In all cases
where real property is leased for a specified term or period, or by
express or implied contract, whether written or parol, the tenancy
terminates without notice at the expiration of the specified term or
period.
[1911 CPA § 646; A 1917, 31; 1919 RL § 5588; NCL § 9135]—(NRS A
1969, 262, 574; 1973, 1084; 1977, 1344; 1979, 1877; 1985, 227)
1. A tenant of real property, a recreational vehicle or a mobile
home for a term less than life is guilty of an unlawful detainer when
having leased:
(a) Real property, except as otherwise provided in this section, or
a mobile home for an indefinite time, with monthly or other periodic rent
reserved, he continues in possession thereof, in person or by subtenant,
without the landlord’s consent after the expiration of a notice of:
(1) For tenancies from week to week, at least 7 days;
(2) Except as otherwise provided in subsection 2, for all
other periodic tenancies, at least 30 days; or
(3) For tenancies at will, at least 5 days.
(b) A dwelling unit subject to the provisions of chapter 118A
of NRS, he continues in possession, in
person or by subtenant, without the landlord’s consent after expiration
of:
(1) The term of the rental agreement or its termination and,
except as otherwise provided in subparagraph (2), the expiration of a
notice of:
(I) At least 7 days for tenancies from week to week;
and
(II) Except as otherwise provided in subsection 2, at
least 30 days for all other periodic tenancies; or
(2) A notice of at least 5 days where the tenant has failed
to perform his basic or contractual obligations under chapter 118A of NRS.
(c) A mobile home lot subject to the provisions of chapter 118B
of NRS, or a lot for a recreational vehicle
in an area of a mobile home park other than an area designated as a
recreational vehicle lot pursuant to the provisions of subsection 6 of
NRS 40.215 , he continues in possession,
in person or by subtenant, without the landlord’s consent:
(1) After notice has been given pursuant to NRS 118B.115
, 118B.170 or 118B.190 and the period of the notice has expired; or
(2) If the person is not a natural person and has received
three notices for nonpayment of rent within a 12-month period,
immediately upon failure to pay timely rent.
(d) A recreational vehicle lot, he continues in possession, in
person or by subtenant, without the landlord’s consent, after the
expiration of a notice of at least 5 days.
2. Except as otherwise provided in this section, if a tenant with
a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1,
other than a tenancy from week to week, is 60 years of age or older or
has a physical or mental disability, the tenant may request to be allowed
to continue in possession for an additional 30 days beyond the time
specified in subsection 1 by submitting a written request for an extended
period and providing proof of his age or disability. A landlord may not
be required to allow a tenant to continue in possession if a shorter
notice is provided pursuant to subparagraph (2) of paragraph (b) of
subsection 1.
3. Any notice provided pursuant to paragraph (a) or (b) of
subsection 1 must include a statement advising the tenant of the
provisions of subsection 2.
4. If a landlord rejects a request to allow a tenant to continue
in possession for an additional 30 days pursuant to subsection 2, the
tenant may petition the court for an order to continue in possession for
the additional 30 days. If the tenant submits proof to the court that he
is entitled to request such an extension, the court may grant the
petition and enter an order allowing the tenant to continue in possession
for the additional 30 days. If the court denies the petition, the tenant
must be allowed to continue in possession for 5 calendar days following
the date of entry of the order denying the petition.
(Added to NRS by 1985, 226; A 1989, 1081; 1999, 3195 ; 2001, 1946 ; 2003, 2480 )
A tenant of real property or a mobile home for a term less than
life is guilty of an unlawful detainer when he continues in possession,
in person or by subtenant, after default in the payment of any rent and
after a notice in writing, requiring in the alternative the payment of
the rent or the surrender of the detained premises, remains uncomplied
with for a period of 5 days, or in the case of a mobile home lot, 10 days
after service thereof. The notice may be served at any time after the
rent becomes due.
(Added to NRS by 1985, 226)
A tenant of real property or a mobile home for a term
less than life is guilty of an unlawful detainer when he:
1. Assigns or sublets the leased premises contrary to the
covenants of the lease;
2. Commits or permits waste thereon;
3. Sets up or carries on therein or thereon any unlawful business;
4. Suffers, permits or maintains on or about the premises any
nuisance; or
5. Violates any of the provisions of NRS 453.011 to 453.552 , inclusive, except NRS 453.336 , therein or thereon,
Ê and remains in possession after service upon him of 3 days’ notice to
quit.
(Added to NRS by 1985, 226; A 1989, 1232; 2001, 1065 ; 2003, 561 )
A tenant of real
property or a mobile home for a term less than life is guilty of an
unlawful detainer when he continues in possession, in person or by
subtenant, after a neglect or failure to perform any condition or
covenant of the lease or agreement under which the property or mobile
home is held, other than those mentioned in NRS 40.250 to 40.252 ,
inclusive, and NRS 40.254 , and after
notice in writing, requiring in the alternative the performance of the
condition or covenant or the surrender of the property, served upon him,
and, if there is a subtenant in actual occupation of the premises, also
upon the subtenant, remains uncomplied with for 5 days after the service
thereof. Within 3 days after the service, the tenant, or any subtenant in
actual occupation of the premises, or any mortgagee of the term, or other
person, interested in its continuance, may perform the condition or
covenant and thereby save the lease from forfeiture; but if the covenants
and conditions of the lease, violated by the lessee, cannot afterwards be
performed, then no notice need be given.
(Added to NRS by 1985, 226)
For the purposes of NRS 40.250
to 40.252 , inclusive, and NRS 40.254
:
1. It is unlawful for a landlord to attempt by contract or other
agreement to shorten the specified periods of notice and any such
contract or agreement is void.
2. Notice to quit or surrender the premises which was given by one
colessor of real property or a mobile home is valid unless it is
affirmatively shown that one or more of the other colessors did not
authorize the giving of the notice.
(Added to NRS by 1985, 227)
1. Except as otherwise provided in subsection 10, in addition to
the remedy provided in NRS 40.2512 and
40.290 to 40.420 , inclusive, when the tenant of any dwelling,
apartment, mobile home, recreational vehicle or commercial premises with
periodic rent reserved by the month or any shorter period is in default
in payment of the rent, the landlord or his 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 his 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 his agent who serves a notice to a tenant
pursuant to paragraph (b) of subsection 1 shall attempt to deliver the
notice in person in the manner set forth in paragraph (a) of subsection 1
of NRS 40.280 . If the notice cannot be
delivered in person, the landlord or his 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 he took
possession of the premises, that the landlord or his 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 his 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 of his 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 he has tendered payment or is
not in default in the payment of the rent.
4. If the tenant files such an affidavit at or before the time
stated in the notice, the landlord or his agent, after receipt of a
file-stamped copy of the affidavit which was filed, shall not provide for
the nonadmittance of the tenant to the premises by locking or otherwise.
5. Upon noncompliance with the notice:
(a) The landlord or his agent may apply by affidavit of complaint
for eviction to the Justice Court of the township in which the dwelling,
apartment, mobile home or commercial premises are located or to the
district court of the county in which the dwelling, apartment, mobile
home or commercial premises are 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 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 the affidavit described
in subsection 3 and a file-stamped copy of it has been received by the
landlord or his agent, and except when the landlord is prohibited
pursuant to NRS 118A.480 , the
landlord or his 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 the affidavit permitted in
subsection 3, regardless of the information contained in the affidavit,
and the filing by the landlord of the affidavit permitted by 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 he 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. The 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 118A.460 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, if any, claimed by the landlord pursuant
to NRS 118A.460 , and any accumulating
daily costs; and
(b) Order the release of the tenant’s property upon the payment of
the charges 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 his 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, or a security. As used in this subsection, “security”
has the meaning ascribed to it in NRS 118A.240 .
10. This section does not apply to the tenant of a mobile home lot
in a mobile home park or to the 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 6
of NRS 40.215 .
(Added to NRS by 1967, 195; A 1969, 263, 575; 1973, 1085; 1975,
1202; 1977, 418, 1346; 1979, 1398, 1879; 1985, 229; 1987, 1239; 1989,
1082, 1232; 1991, 113; 1995, 1851; 1997, 3511; 1999, 981 )
Except
as otherwise provided by specific statute, in addition to the remedy
provided in NRS 40.251 and in NRS
40.290 to 40.420 , inclusive, when the tenant of a dwelling unit
which is subject to the provisions of chapter 118A of NRS, part of a low-rent housing program
operated by a public housing authority, a mobile home or a recreational
vehicle is guilty of an unlawful detainer, the landlord is entitled to
the summary procedures provided in NRS 40.253 except that:
1. Written notice to surrender the premises must:
(a) Be given to the tenant in accordance with the provisions of NRS
40.280 ;
(b) Advise the tenant of the court that has jurisdiction over the
matter; and
(c) Advise the tenant of his right to contest the notice by filing
within 5 days an affidavit with the court that has jurisdiction over the
matter that he is not guilty of an unlawful detainer.
2. The affidavit of the landlord or his agent submitted to the
Justice Court or the district court must contain:
(a) The date when the tenancy commenced, the term of the tenancy,
and, if any, a copy of the rental agreement.
(b) The date when the tenancy or rental agreement allegedly
terminated.
(c) The date when the tenant became subject to the provisions of
NRS 40.251 to 40.2516 , inclusive, together with any supporting
facts.
(d) The date when the written notice was given, a copy of the
notice and a statement that notice was served in accordance with NRS
40.280 .
(e) A statement that the claim for relief was authorized by law.
3. If the tenant is found guilty of unlawful detainer as a result
of his violation of any of the provisions of NRS 453.011 to 453.552 , inclusive, except NRS 453.336 , the landlord is entitled to be awarded any reasonable
attorney’s fees incurred by the landlord or his agent as a result of a
hearing, if any, held pursuant to subsection 6 of NRS 40.253 wherein the tenant contested the eviction.
(Added to NRS by 1985, 227; A 1989, 1084, 1234; 1991, 115; 1995,
1853; 2001, 1065 ; 2003, 561 )
1. Except as provided in subsection 2, in any of the following
cases, a person who holds over and continues in possession of real
property or a mobile home after a 3-day written notice to quit has been
served upon him, and also upon any subtenant in actual occupation of the
premises, pursuant to NRS 40.280 , may
be removed as prescribed in NRS 40.290
to 40.420 , inclusive:
(a) Where the property or mobile home has been sold under an
execution against him or a person under whom he claims, and the title
under the sale has been perfected;
(b) Where the property or mobile home has been sold upon the
foreclosure of a mortgage, or under an express power of sale contained
therein, executed by him or a person under whom he claims, and the title
under the sale has been perfected;
(c) Where the property or mobile home has been sold under a power
of sale granted by NRS 107.080 to the
trustee of a deed of trust executed by such person or a person under whom
he claims, and the title under such sale has been perfected; or
(d) Where the property or mobile home has been sold by him or a
person under whom he claims, and the title under the sale has been
perfected.
2. This section does not apply to the tenant of a mobile home lot
in a mobile home park.
(Added to NRS by 1961, 412; A 1969, 263; 1979, 1880)
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 his term, without any demand of possession or notice to
quit by the landlord, or the successor in estate of his landlord, if any
there be, he shall be deemed to be holding by permission of the landlord,
or the successor in the estate of his landlord, if any there be, and
shall be entitled to hold under the terms of the lease for another full
year, and shall not be guilty of an unlawful detainer during the year,
and such holding over for the period aforesaid shall be taken and
construed as a consent on the part of the tenant to hold for another year.
[1911 CPA § 647; RL § 5589; NCL § 9136]
A
tenant may take proceedings similar to those prescribed in this chapter,
to obtain possession of the premises let to any under tenant, in case of
his unlawful detention of the premises underlet to him.
[1911 CPA § 648; RL § 5590; NCL § 9137]
1. Except as otherwise provided in NRS 40.253 , the notices required by NRS 40.251 to 40.260 ,
inclusive, may be served:
(a) By delivering a copy to the tenant personally, in the presence
of a witness;
(b) If he is absent from his place of residence or from his usual
place of business, by leaving a copy with a person of suitable age and
discretion at either place and mailing a copy to the tenant at his place
of residence or place of business; or
(c) If the place of residence or business cannot be ascertained, or
a person of suitable age or discretion cannot be found there, by posting
a copy in a conspicuous place on the leased property, delivering a copy
to a person there residing, if the person can be found, and mailing a
copy to the tenant at the place where the leased property is situated.
2. Service upon a subtenant may be made in the same manner as
provided in subsection 1.
3. Before an order to remove a tenant is issued pursuant to
subsection 6 of NRS 40.253 , a landlord
shall file with the court a proof of service of any notice required by
that section. Except as otherwise provided in subsection 4, this proof
must consist of:
(a) A statement, signed by the tenant and a witness, acknowledging
that the tenant received the notice on a specified date;
(b) A certificate of mailing issued by the United States Postal
Service; or
(c) The endorsement of a sheriff, constable or other process server
stating the time and manner of service.
4. If service of the notice was not delivered in person to a
tenant whose rent is reserved by a period of 1 week or less and the
tenancy has not continued for more than 45 days, proof of service must
include:
(a) A certificate of mailing issued by the United States Postal
Service or by a private postal service to the landlord or his agent; or
(b) The endorsement of a sheriff or constable stating the:
(1) Time and date the request for service was made by the
landlord or his agent;
(2) Time, date and manner of the service; and
(3) Fees paid for the service.
[1911 CPA § 649; RL § 5591; NCL § 9138]—(NRS A 1961, 413; 1967,
196; 1985, 231, 1418; 1987, 701; 1995, 1854)
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 proceeding abate nor the plaintiff be nonsuited for the nonjoinder of
any person who might have been made a party defendant; but when it
appears that any of the parties served with process or appearing in the
proceeding is guilty of the offense charged, judgment must be rendered
against him. In case a person has become subtenant of the premises in
controversy after the service of any notice in this chapter provided for,
the fact that such notice was not served on such subtenant shall
constitute no defense to the action. All persons who enter under the
tenant, after the commencement of the action hereunder, shall be bound by
the judgment the same as if they had been made parties to the action.
[1911 CPA § 650; RL § 5592; NCL § 9139]
1. The plaintiff in his complaint, which shall be in writing, must
set forth the facts on which he seeks to recover, and describe the
premises with reasonable certainty and may set forth therein any
circumstances of fraud, force or violence which may have accompanied the
alleged forcible entry, or forcible or unlawful detainer, and claim
damages therefor, or compensation for the occupation of the premises or
both. In case the unlawful detainer charged be after default in the
payment of rent, the complaint must state the amount of such rent.
2. The summons shall be issued and served as in other cases, but
the court, judge or justice of the peace may shorten the time within
which the defendant shall be required to appear and defend the action, in
which case the officer or person serving the summons shall change the
prescribed form thereof to conform to the time of service as ordered; but
where publication is necessary the court shall direct publication for a
period of not less than 1 week.
3. At any time after the filing of the complaint and issuance of
summons, the court, upon application therefor, may issue a temporary writ
of restitution; provided:
(a) That the temporary writ of restitution shall not issue ex parte
but only after the issuance and service of an order to show cause why a
temporary writ of restitution shall not be issued and after the defendant
has been given an opportunity to oppose the issuance of the temporary
writ of restitution.
(b) That the temporary writ of restitution shall not issue until
the court has had an opportunity to ascertain the facts sufficiently to
enable it to estimate the probable loss to the defendant and fix the
amount of a bond to indemnify the party or parties against whom the
temporary writ may be issued.
(c) That the temporary writ of restitution shall not issue until
there has been filed with the approval of the court a good and sufficient
bond of indemnification in the amount fixed by the court.
[1911 CPA § 651; A 1939, 171; 1951, 251]
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 CPA § 652; RL § 5594; NCL § 9141]—(NRS A 1975, 1203)
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
he was peaceably in the actual possession at the time of the forcible
entry, or was entitled to possession at the time of the forcible detainer.
2. The defendant may show in his defense that he or his ancestors,
or those whose interest in such premises he claims, have been in the
quiet possession thereof for the space of 1 whole year together next
before the commencement of the proceedings, and that his interest therein
is not then ended or determined, and such showing is a bar to the
proceedings.
[1911 CPA § 653; RL § 5595; NCL § 9142]
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 than the offense charged in the complaint,
the judge must order that such complaint be forthwith amended to conform
to such proofs. Such amendment must be without any imposition of terms.
No continuance must be permitted upon account of such amendment, unless
the defendant, by affidavit filed, shows to the satisfaction of the court
good cause therefor.
[1911 CPA § 654; RL § 5596; NCL § 9143]
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, his agent or attorney, shall make oath that he cannot safely
proceed to trial for want of some material witness, naming him, stating
the evidence that he expects to obtain, showing that he has used due
diligence to obtain such witness and believes that if an adjournment be
allowed he will be able to procure the attendance of such witness, or his
deposition, in time to produce the same upon the trial, in which case, if
such person or persons will give bond, with one or more sufficient
sureties, conditioned to pay the complainant for all rent that may accrue
during the pending of such suit, and all costs and damages consequent
upon such adjournment, the court or justice of the peace shall adjourn
the cause for such reasonable time as may appear necessary, not exceeding
30 days.
[1911 CPA § 655; RL § 5597; NCL § 9144]
If the complainant admit that the
evidence stated in the affidavit mentioned in NRS 40.340 would be given by such witness, and agree that
it be considered as actually given on the trial, or offered and overruled
as improper, the trial shall not be adjourned.
[1911 CPA § 656; RL § 5598; NCL § 9145]
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 restitution of the premises; and, if the proceeding be for unlawful
detainer after neglect or failure to perform any condition or covenant of
the lease or agreement under which the property is held, or after default
in the payment of rent, the judgment shall also declare the forfeiture of
such lease or agreement.
2. Damages. The jury or the court, if the proceeding be tried
without a jury, shall also assess the damages occasioned to the plaintiff
by any forcible entry, or by any forcible or unlawful detainer, and any
amount found due the plaintiff by reason of waste of the premises by the
defendant during the tenancy, alleged in the complaint and proved on the
trial, and find the amount of any rent due, if the alleged unlawful
detainer be after default in the payment of rent; and the judgment shall
be rendered against the defendant guilty of the forcible entry, or
forcible or unlawful detainer, for the rent and for three times the
amount of the damages thus assessed.
3. Execution and enforcement. When the proceeding is for an
unlawful detainer after default in the payment of the rent, and the lease
or agreement under which the rent is payable has not by its terms
expired, execution upon the judgment shall not be issued until the
expiration of 5 days after the entry of the judgment, within which time
the tenant, or any subtenant, or any mortgagee of the term, or other
party interested in its continuance, may pay into court for the landlord
the amount of the judgment and costs, and thereupon the judgment shall be
satisfied and the tenant be restored to his estate; but, if payment, as
herein provided, be not made within the 5 days, the judgment may be
enforced for its full amount and for the possession of the premises. In
all other cases the judgment may be enforced immediately.
[1911 CPA § 657; RL § 5599; NCL § 9146]
The complaint
and answer must be verified.
[1911 CPA § 658; RL § 5600; NCL § 9147]
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, he shall execute and file with the court or justice his
undertaking to the plaintiff, with two or more sureties, in an amount to
be fixed by the court or justice, but which shall not be less than twice
the amount of the judgment and costs, to the effect that, if the judgment
appealed from be affirmed or the appeal be dismissed, the appellant will
pay the judgment and the cost of appeal, the value of the use and
occupation of the property, and damages justly accruing to the plaintiff
during the pendency of the appeal. Upon taking the appeal and filing the
undertaking, all further proceedings in the case shall be stayed.
[1911 CPA § 659; RL § 5601; NCL § 9148]
Upon an appeal
from an order entered pursuant to NRS 40.253 :
1. Except as otherwise provided in this subsection, a stay of
execution may be obtained by filing with the trial court a bond in the
amount of $250 to cover the expected costs on appeal. In an action
concerning a lease of commercial property or any other property for which
the monthly rent exceeds $1,000, the court may, upon its own motion or
that of a party, and upon a showing of good cause, order an additional
bond to be posted to cover the expected costs on appeal. A surety upon
the bond submits to the jurisdiction of the appellate court and
irrevocably appoints the clerk of that court as his agent upon whom
papers affecting his liability upon the bond may be served. Liability of
a surety may be enforced, or the bond may be released, on motion in the
appellate court without independent action.
2. A tenant who retains possession of the premises that are the
subject of the appeal during the pendency of the appeal shall pay to the
landlord rent in the amount provided in the underlying contract between
the tenant and the landlord as it becomes due. If the tenant fails to pay
such rent, the landlord may initiate new proceedings for a summary
eviction by serving the tenant with a new notice pursuant to NRS 40.253
.
(Added to NRS by 1997, 3510)
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
substantially according to the provisions of NRS 40.220 to 40.420 ,
inclusive; and amendments to the complaint, answer or summons, in matters
of form only, may be allowed by the court at any time before final
judgment upon such terms as may be just; and all matters of excuse,
justification or avoidance of the allegations in the complaint may be
given in evidence under the answer.
[1911 CPA § 660; RL § 5602; NCL § 9149]
The provisions of NRS, Nevada 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 40.220 to 40.420 ,
inclusive, apply to the proceedings mentioned in those sections.
[1911 CPA § 661; RL § 5603; NCL § 9150]
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
................, at a court of inquiry of an unlawful holding over of
(lands) (tenements) (a mobile home), and other possessions, held at my
office (stating the place), in the county aforesaid, on the ........ day
of .............., A.D. ....., before me, a justice of the peace for the
county aforesaid, by the consideration of the court, has recovered
judgment against C.D., to have restitution of (here describe the premises
as in the complaint). You are therefore commanded, that taking with you
the force of the county, if necessary, you cause C.D. to be immediately
removed from the premises, and A.B. to have peaceable restitution of the
premises. You are also commanded that of the goods and chattels of C.D.,
within said county, which are not exempt from execution, you cause to be
made the sum of ........ dollars for the plaintiff, together with the
costs of suit endorsed hereon, and make return of this writ within 30
days after this date. Given under my hand, this ........ day of ........,
A.D. ..... E.F., justice of the peace.
2. The sheriff or constable shall execute the writ in the same
manner as required by the provisions of chapter 21 of NRS for writs of execution.
[1911 CPA § 663; RL § 5605; NCL § 9152]—(NRS A 1969, 264; 1989,
1144)
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
property exempt from execution and explain the procedure for claiming
those exemptions. The clerk of the court shall attach the notice to the
writ at the time the writ is issued.
2. The notice required pursuant to subsection 1 must be in the
form and served in the manner provided for execution on judgments
pursuant to NRS 21.075 and 21.076
.
(Added to NRS by 1989, 1144)
ACTIONS FOR FORECLOSURE OF REAL MORTGAGES
1. Except in cases where a person proceeds under subsection 2 of
NRS 40.495 or subsection 1 of NRS
40.512 , there may be but one action for
the recovery of any debt, or for the enforcement of any right secured by
a mortgage or other lien upon real estate. That action must be in
accordance with the provisions of this section and NRS 40.433 to 40.459 ,
inclusive. In that action, the judgment must be rendered for the amount
found due the plaintiff, and the court, by its decree or judgment, may
direct a sale of the encumbered property, or such part thereof as is
necessary, and apply the proceeds of the sale as provided in NRS 40.462
.
2. This section must be construed to permit a secured creditor to
realize upon the collateral for a debt or other obligation agreed upon by
the debtor and creditor when the debt or other obligation was incurred.
3. A sale directed by the court pursuant to subsection 1 must be
conducted in the same manner as the sale of real property upon execution,
by the sheriff of the county in which the encumbered land is situated,
and if the encumbered land is situated in two or more counties, the court
shall direct the sheriff of one of the counties to conduct the sale with
like proceedings and effect as if the whole of the encumbered land were
situated in that county.
4. As used in this section, an “action” does not include any act
or proceeding:
(a) To appoint a receiver for, or obtain possession of, any real or
personal collateral for the debt or as provided in NRS 32.015 .
(b) To enforce a security interest in, or the assignment of, any
rents, issues, profits or other income of any real or personal property.
(c) To enforce a mortgage or other lien upon any real or personal
collateral located outside of the State which does not, except as
required under the laws of that jurisdiction, result in a personal
judgment against the debtor.
(d) For the recovery of damages arising from the commission of a
tort, including a recovery under NRS 40.750 , or the recovery of any declaratory or
equitable relief.
(e) For the exercise of a power of sale pursuant to NRS 107.080
.
(f) For the exercise of any right or remedy authorized by chapter
104 of NRS or by the Uniform Commercial Code
as enacted in any other state.
(g) For the exercise of any right to set off, or to enforce a
pledge in, a deposit account pursuant to a written agreement or pledge.
(h) To draw under a letter of credit.
(i) To enforce an agreement with a surety or guarantor if
enforcement of the mortgage or other lien has been automatically stayed
pursuant to 11 U.S.C. § 362 or pursuant to an order of a federal
bankruptcy court under any other provision of the United States
Bankruptcy Code for not less than 120 days following the mailing of
notice to the surety or guarantor pursuant to subsection 1 of NRS 107.095
.
(j) To collect any debt, or enforce any right, secured by a
mortgage or other lien on real property if the property has been sold to
a person other than the creditor to satisfy, in whole or in part, a debt
or other right secured by a senior mortgage or other senior lien on the
property.
(k) Relating to any proceeding in bankruptcy, including the filing
of a proof of claim, seeking relief from an automatic stay and any other
action to determine the amount or validity of a debt.
(l) For filing a claim pursuant to chapter 147 of NRS or to enforce such a claim which has been
disallowed.
(m) Which does not include the collection of the debt or
realization of the collateral securing the debt.
(n) Pursuant to NRS 40.507 or
40.508 .
(o) Which is exempted from the provisions of this section by
specific statute.
(p) To recover costs of suit, costs and expenses of sale,
attorneys’ fees and other incidental relief in connection with any action
authorized by this subsection.
[1911 CPA § 559; RL § 5501; NCL § 9048]—(NRS A 1965, 915; 1969,
572; 1987, 1345; 1989, 888, 1768; 1993, 151)
As used in NRS
40.430 to 40.459 , inclusive, unless the context otherwise
requires, a “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
, 117 , 119A or 278A of NRS or
pursuant to a judgment or decree of any court of competent jurisdiction.
(Added to NRS by 1989, 1767; A 1991, 580)
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 personal
collateral, or impair the ability of the creditor to realize upon any
real or personal collateral, if the judicial proceeding is:
(a) Stayed or dismissed before entry of a final judgment; or
(b) Converted into an action which does not violate NRS 40.430
.
2. If the provisions of NRS 40.430 are timely interposed as an affirmative
defense in such a judicial proceeding, upon the motion of any party to
the proceeding the court shall:
(a) Dismiss the proceeding without prejudice; or
(b) Grant a continuance and order the amendment of the pleadings to
convert the proceeding into an action which does not violate NRS 40.430
.
3. The failure to interpose, before the entry of a final judgment,
the provisions of NRS 40.430 as an
affirmative defense in such a proceeding waives the defense in that
proceeding. Such a failure does not affect the validity of the final
judgment, but entry of the final judgment releases and discharges the
mortgage or other lien.
4. As used in this section, “final judgment” means a judgment
which imposes personal liability on the debtor for the payment of money
and which may be appealed under the Nevada Rules of Appellate Procedure.
(Added to NRS by 1989, 1767)
If there is surplus
money remaining after payment of the amount due on the mortgage or other
lien, with costs, the court may cause the same to be paid to the person
entitled to it pursuant to NRS 40.462 ,
and in the meantime may direct it to be deposited in court.
[1911 CPA § 560; RL § 5502; NCL § 9049]—(NRS A 1989, 888, 1769)
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.
Afterwards, as often as more becomes due for principal or interest, the
court may, on motion, order more to be sold. However, if the property
cannot be sold in portions without injury to the parties, the whole may
be ordered to be sold in the first instance, and the entire debt and
costs paid, with a rebate of interest where such a rebate is proper.
[1911 CPA § 561; RL § 5503; NCL § 9050]—(NRS A 1989, 1769)
FORECLOSURE SALES AND DEFICIENCY JUDGMENTS
As used in NRS 40.453 to 40.462 ,
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, all
costs and fees of such a sale, all advances made with respect to the
property by the beneficiary, and all other amounts secured by the
mortgage or other lien on the real property in favor of the person
seeking the deficiency judgment. Such amount constituting a lien is
limited to the amount of the consideration paid by the lienholder.
(Added to NRS by 1969, 572; A 1989, 1769)
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 of real property to contain
any provision whereby a mortgagor or the grantor of a deed of trust or a
guarantor or surety of the indebtedness secured thereby, waives any right
secured to him by the laws of this state.
2. A court shall not enforce any such provision.
(Added to NRS by 1969, 573; A 1973, 911; 1985, 371; 1987, 1643;
1993, 152)
1. Upon application of the judgment creditor or the beneficiary of
the deed of trust within 6 months after the date of the foreclosure sale
or the trustee’s sale held pursuant to NRS 107.080 , respectively, and after the required hearing,
the court shall award a deficiency judgment to the judgment creditor or
the beneficiary of the deed of trust if it appears from the sheriff’s
return or the recital of consideration in the trustee’s deed that there
is a deficiency of the proceeds of the sale and a balance remaining due
to the judgment creditor or the beneficiary of the deed of trust,
respectively.
2. If the indebtedness is secured by more than one parcel of real
property, more than one interest in the real property or more than one
mortgage or deed of trust, the 6-month period begins to run after the
date of the foreclosure sale or trustee’s sale of the last parcel or
other interest in the real property securing the indebtedness, but in no
event may the application be filed more than 2 years after the initial
foreclosure sale or trustee’s sale.
(Added to NRS by 1969, 573; A 1979, 450; 1985, 371; 1987, 1345)
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 of the date of foreclosure sale or trustee’s sale.
Notice of such hearing shall be served upon all defendants who have
appeared in the action and against whom a deficiency judgment is sought,
or upon their attorneys of record, at least 15 days before the date set
for hearing.
2. Upon application of any party made at least 10 days before the
date set for the hearing the court shall, or upon its own motion the
court may, appoint an appraiser to appraise the property sold as of the
date of foreclosure sale or trustee’s sale. Such appraiser shall file
with the clerk his appraisal, which is admissible in evidence. The
appraiser shall take an oath that he has truly, honestly and impartially
appraised the property to the best of his knowledge and ability. Any
appraiser so appointed may be called and examined as a witness by any
party or by the court. The court shall fix a reasonable compensation for
the appraiser, but his fee shall not exceed similar fees for similar
services in the county where the encumbered land is situated.
(Added to NRS by 1969, 573)
After the
hearing, the court shall award a money judgment against the debtor,
guarantor or surety who is personally liable for the debt. The court
shall not render judgment for more than:
1. The amount by which the amount of the indebtedness which was
secured exceeds the fair market value of the property sold at the time of
the sale, with interest from the date of the sale; or
2. The amount which is the difference between the amount for which
the property was actually sold and the amount of the indebtedness which
was secured, with interest from the date of sale,
Êwhichever is the lesser amount.
(Added to NRS by 1969, 573; A 1985, 371; 1987, 1644; 1989, 1770;
1993, 152)
1. Except as otherwise provided by specific statute, this section
governs the distribution of the proceeds of a foreclosure sale. The
provisions of NRS 40.455 , 40.457 and 40.459
do not affect the right to receive those proceeds, which vests at the
time of the foreclosure sale. The purchase of any interest in the
property at the foreclosure sale, and the subsequent disposition of the
property, does not affect the right of the purchaser to the distribution
of proceeds pursuant to paragraph (c) of subsection 2 of this section, or
to obtain a deficiency judgment pursuant to NRS 40.455 , 40.457 and
40.459 .
2. The proceeds of a foreclosure sale must be distributed in the
following order of priority:
(a) Payment of the reasonable expenses of taking possession,
maintaining, protecting and leasing the property, the costs and fees of
the foreclosure sale, including reasonable trustee’s fees, applicable
taxes and the cost of title insurance and, to the extent provided in the
legally enforceable terms of the mortgage or lien, any advances,
reasonable attorney’s fees and other legal expenses incurred by the
foreclosing creditor and the person conducting the foreclosure sale.
(b) Satisfaction of the obligation being enforced by the
foreclosure sale.
(c) Satisfaction of obligations secured by any junior mortgages or
liens on the property, in their order of priority.
(d) Payment of the balance of the proceeds, if any, to the debtor
or his successor in interest.
ÊIf there are conflicting claims to any portion of the proceeds, the
person conducting the foreclosure sale is not required to distribute that
portion of the proceeds until the validity of the conflicting claims is
determined through interpleader or otherwise to his satisfaction.
3. A person who claims a right to receive the proceeds of a
foreclosure sale pursuant to paragraph (c) of subsection 2 must, upon the
written demand of the person conducting the foreclosure sale, provide:
(a) Proof of the obligation upon which he claims his right to the
proceeds; and
(b) Proof of his interest in the mortgage or lien, unless that
proof appears in the official records of a county in which the property
is located.
ÊSuch a demand is effective upon personal delivery or upon mailing by
registered or certified mail, return receipt requested, to the last known
address of the claimant. Failure of a claimant to provide the required
proof within 15 days after the effective date of the demand waives his
right to receive those proceeds.
4. As used in this section, “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 1989, 887)
RIGHTS OF GUARANTOR, SURETY OR OBLIGOR IN REAL PROPERTY
As used in NRS 40.475 , 40.485 and
40.495 , “indebtedness” means the
principal balance of the obligation, together with all accrued and unpaid
interest, and those costs, fees, advances and other amounts secured by
the mortgage or lien upon real property.
(Added to NRS by 1987, 1643; A 1989, 1001)
Upon full
satisfaction by a guarantor, surety or other obligor, other than the
mortgagor or grantor of a deed of trust, of the indebtedness secured by a
mortgage or lien upon real property, the paying guarantor, surety or
other obligor is entitled to enforce every remedy which the creditor then
has against the mortgagor or grantor of the mortgage or lien upon real
property, and is entitled to an assignment from the creditor of all of
the rights which the creditor then has by way of security for the
performance of the indebtedness.
(Added to NRS by 1987, 1643)
Immediately upon partial
satisfaction by a guarantor, surety or other obligor, other than the
mortgagor or grantor of a deed of trust, of the indebtedness secured by a
mortgage or lien upon real property, the paying guarantor, surety or
other obligor automatically, by operation of law and without further
action, receives an interest in the proceeds of the indebtedness secured
by the mortgage or lien to the extent of the partial satisfaction,
subject only to the creditor’s prior right to recover the balance of the
indebtedness owed by the mortgagor or grantor.
(Added to NRS by 1987, 1643)
1. The provisions of NRS 40.475
and 40.485 may be waived by the
guarantor, surety or other obligor only after default.
2. Except as otherwise provided in subsection 4, a guarantor,
surety or other obligor, other than the mortgagor or grantor of a deed of
trust, may waive the provisions of NRS 40.430 . If a guarantor, surety or other obligor
waives the provisions of NRS 40.430 , an
action for the enforcement of that person’s obligation to pay, satisfy or
purchase all or part of an indebtedness or obligation secured by a
mortgage or lien upon real property may be maintained separately and
independently from:
(a) An action on the debt;
(b) The exercise of any power of sale;
(c) Any action to foreclose or otherwise enforce a mortgage or lien
and the indebtedness or obligations secured thereby; and
(d) Any other proceeding against a mortgagor or grantor of a deed
of trust.
3. If the obligee maintains an action to foreclose or otherwise
enforce a mortgage or lien and the indebtedness or obligations secured
thereby, the guarantor, surety or other obligor may assert any legal or
equitable defenses provided pursuant to the provisions of NRS 40.451
to 40.462 , inclusive.
4. The provisions of NRS 40.430
may not be waived by a guarantor, surety or other obligor if the mortgage
or lien:
(a) Secures an indebtedness for which the principal balance of the
obligation was never greater than $500,000;
(b) Secures an indebtedness to a seller of real property for which
the obligation was originally extended to the seller for any portion of
the purchase price;
(c) Is secured by real property which is used primarily for the
production of farm products as of the date the mortgage or lien upon the
real property is created; or
(d) Is secured by real property upon which:
(1) The owner maintains his principal residence;
(2) There is not more than one residential structure; and
(3) Not more than four families reside.
(Added to NRS by 1987, 1643; A 1989, 1001)
ENVIRONMENTAL IMPAIRMENT OF REAL COLLATERAL OF SECURED LENDER
As used in NRS 40.501 to 40.512 ,
inclusive, the words and terms defined in NRS 40.502 to 40.506 ,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1993, 153; A 1995, 510)
“Environmental
provision” means any written representation, warranty, indemnity, promise
or covenant relating to the existence, location, nature, use, generation,
manufacture, storage, disposal, handling, or past, present, future or
threatened release of any hazardous substance from, in, into or onto real
collateral, or to past, present or future compliance with any law
relating thereto, made by a debtor in conjunction with the making,
renewal or modification of a loan, extension of credit, guaranty or other
obligation involving the debtor, whether or not the representation,
warranty, indemnity, promise or covenant is or was contained in or
secured by the mortgage and whether or not the mortgage has been
discharged, reconveyed or foreclosed upon.
(Added to NRS by 1993, 153; A 1995, 510)
Real collateral is
“environmentally impaired” if the estimated costs to clean up and remedy
a past, present or threatened release of any hazardous substance from,
in, into or onto it exceeds 10 percent of the total indebtedness owed to
the secured lender secured by the collateral.
(Added to NRS by 1993, 153; A 1995, 510)
“Hazardous substance”
means:
1. An element, compound, mixture, solution, material or substance
whose use, possession, transportation, storage, release, discharge or
disposal is regulated pursuant to chapter 444 , 445A , 445B , 459 , 477 , 590 or 618 of NRS or the Uniform Fire Code (1988 edition);
2. An element, compound, mixture, solution, material or substance
designated as a hazardous substance pursuant to 42 U.S.C. § 9602 and an
element, compound, mixture, solution, material or substance described in
42 U.S.C. § 9601(14);
3. An element, compound, mixture, solution, material or substance
listed as a hazardous waste in, or having the characteristics identified
in, 42 U.S.C. § 6921 on January 1, 1993, except any waste for which
regulation under the Resource Conservation and Recovery Act of 1976 (42
U.S.C. §§ 6901 et seq.) has been suspended by an act of Congress; and
4. Petroleum, including crude oil or any fraction thereof, natural
gas, natural gas liquids, liquefied natural gas, synthetic oil, synthetic
gas usable for fuel or any mixture thereof.
(Added to NRS by 1993, 153; A 1995, 510)
“Release” means a spilling,
leaking, pumping, pouring, emitting, emptying, discharging, ejecting,
escaping, leaching, dumping or disposing of a hazardous substance into
the environment, including continuing migration into or through the soil,
surface water or groundwater.
(Added to NRS by 1993, 153; A 1995, 510)
“Secured lender” means the
holder of an obligation secured by a mortgage.
(Added to NRS by 1993, 154; A 1995, 510)
1. A secured lender may enter and inspect real collateral for the
purpose of determining the existence, location, nature and magnitude of
any past, present or threatened release or presence of a hazardous
substance from, in, into or onto it:
(a) Upon reasonable belief of the existence of a past, present or
threatened release or the presence of any hazardous substance from, in,
into or onto it not previously disclosed in writing to him in conjunction
with the making, renewal or modification of a loan, extension of credit,
guaranty or other obligation involving the debtor; or
(b) After the commencement of a trustee’s sale or judicial
foreclosure proceedings against the real collateral.
2. A secured lender shall not abuse the right of entry and
inspection or use it to harass the debtor or tenant of the property.
Except in case of an emergency, when the debtor or tenant of the property
has abandoned the premises, or if it is impracticable to do so, a secured
lender shall give the debtor or tenant of the property reasonable notice
of intent to enter, and enter only during the debtor’s or tenant’s normal
business hours. Twenty-four hours’ notice is presumed to be reasonable in
the absence of evidence to the contrary.
3. If a secured lender is refused the right of entry and
inspection by the debtor or tenant of the property, or is otherwise
unable to enter and inspect the property without a breach of the peace,
he may, upon petition, obtain an order from a court of competent
jurisdiction to exercise his rights under subsection 1.
(Added to NRS by 1993, 154; A 1995, 510)
A secured lender may bring a separate action for a breach of
an environmental provision, to recover damages for the breach or for the
enforcement of an environmental provision.
(Added to NRS by 1993, 154; A 1995, 510)
1. Unless the environmental provision expressly permits a
different or greater recovery or subsection 2 permits the addition of
interest, the damages recoverable by a secured lender in an action
pursuant to NRS 40.508 are limited to
the sum of reimbursement or indemnification for:
(a) If he acted pursuant to an order of any federal, state or local
governmental agency relating to the cleaning up, remedying or other
responsive action required by applicable law which is anticipated by the
environmental provision, all amounts reasonably advanced in good faith by
him in connection therewith;
(b) If he did not act pursuant to such an order, those costs
relating to a reasonable cleaning up, remedying or other responsive
action concerning hazardous substances, performed in good faith, which is
anticipated by the environmental provision;
(c) All liabilities of the secured lender to any third party
relating to the breach, unless the secured lender had actual knowledge of
the environmental condition which is the basis of the claim for
indemnification before entering into the transaction in which the
environmental provision was given; and
(d) Costs, attorney’s fees and other incidental relief.
2. If the parties have so agreed, the lender may recover interest
on the amount advanced by him to cure or mitigate the breach.
(Added to NRS by 1993, 154; A 1995, 510)
507 and 40.508 .
NRS 40.507 and 40.508 do not apply if the real collateral is a unit
put to residential use in a common-interest community or is real property
upon which:
1. The owner maintains his principal residence;
2. There is not more than one residential structure; and
3. Not more than four families reside.
(Added to NRS by 1993, 155; A 1995, 510)
1. If real collateral is environmentally impaired and the debtor’s
obligation is in default, a secured lender may:
(a) Waive his lien as to all of the real collateral and proceed as
an unsecured creditor, including reduction of his claim against the
debtor to judgment and any other rights and remedies permitted by law; or
(b) Waive his lien in accordance with paragraph (a) as to that part
of the real collateral which is environmentally impaired and proceed
against the unimpaired real collateral.
2. To waive his lien against all or part of the environmentally
impaired real collateral, the secured lender must, before commencement of
any action, record with the county recorder of the county where the real
collateral is located a notice of intent to waive the lien and mail a
copy thereof, by registered or certified mail, return receipt requested,
with postage prepaid, to the debtor, to the person who holds the title of
record on the date of the notice, and to those persons with an interest,
as defined in NRS 107.090 , whose
interest or claimed interest is subordinate to the secured lender’s lien,
at their respective addresses, if known, otherwise to the address of the
real collateral. In the case of a partial waiver the notice of intent to
waive may be contained in a notice of default and election to sell. The
notice of intent to waive must contain:
(a) A legal description of the environmentally impaired real
collateral;
(b) A statement that the secured lender intends to proceed against
the debtor under the applicable paragraph of subsection 1; and
(c) If the secured lender is proceeding under paragraph (b) of
subsection 1, a statement that he will proceed against the unimpaired
property, which may result in a judgment for deficiency against the
debtor as a result of diminution in value of the collateral because of
the exclusion of the environmentally impaired portion.
3. A secured lender may not waive his lien as a result of any
environmental impairment if he had actual knowledge of the environmental
impairment at the time the lien was created. In determining whether a
secured lender had such knowledge, the report of any person legally
entitled to prepare the report with respect to the existence or absence
of any environmental impairment is prima facie evidence of the existence
or absence, as the case may be, of any environmental impairment.
4. A waiver made by a secured lender pursuant to this section is
not final or conclusive until a final judgment, as defined in subsection
4 of NRS 40.435 , has been obtained. If
the waiver covers the full extent of the collateral, the lender shall
immediately thereafter cause his lien to be released by recording the
waiver in the same manner as the lien was recorded.
(Added to NRS by 1993, 155; A 1995, 510)
PROCEEDINGS TO ESTABLISH TERMINATION OF LIFE ESTATES
If any person has
died, or shall hereafter die, who at the time of his death was the owner
of a life estate which terminates by reason of his death, any person
interested in the property, or in the title thereto, in which such life
estate was held, may file in the district court of the county in which
the property is situated, his verified petition, setting forth such
facts, and thereupon and after such notice by publication or otherwise,
as the court or judge may order, the court or judge shall hear such
petition and the evidence offered in support thereof, and if upon such
hearing it shall appear that such life estate of such deceased person
absolutely terminated by reason of his death, the court or judge shall
make an order to that effect, and thereupon a certified copy of such
order may be recorded in the office of the county recorder.
[1911 CPA § 642; RL § 5584; NCL § 9131]—(Substituted in revision
for NRS 40.460)
METHODS OF TERMINATION OF INTERESTS OF DECEASED PERSONS IN PROPERTY
1. If title or an interest in real or personal property is
affected by the death of any person, any other person who claims any
interest in the real or personal property, if his interest is affected by
the death of that person, or the State of Nevada, may file in the
district court of any county in which any part of the real or personal
property is situated a verified petition setting forth those facts and
particularly describing the real or personal property, the interest of
the petitioner and the interest of the deceased therein.
2. The clerk shall set the petition for hearing by the court.
Notice of hearing of the petition must be mailed, by certified mail,
return receipt requested, postage prepaid, to the heirs at law of the
deceased person at their places of business or residences, if known, and
if not, by publication for at least 3 successive weeks in such newspaper
as the court orders. The clerk shall send a copy of the notice of hearing
or of the affidavit to the Department of Health and Human Services by
certified mail, return receipt requested, postage prepaid, if the State
is not the petitioner, at the time notice is mailed to the heirs at law
or the notice is published. Failure on the part of any such heir at law
to contest the petition precludes any such heir at law from thereafter
contesting the validity of the joint interest or its creation or
termination.
3. The court shall take evidence for or against the petition, and
may render judgment thereon establishing the fact of the death and the
termination of the interest of the deceased in the real or personal
property described in the petition.
4. A certified copy of the decree may be recorded in the office of
the recorder of each county in which any part of the real or personal
property is situated.
5. As an alternative method of terminating the interest of the
deceased person, if title or an interest in real or personal property
held in joint tenancy or as community property with right of survivorship
is affected by the death of a joint tenant or spouse, any person who has
knowledge of the facts may record in the office of the county recorder in
the county where the property is situated an affidavit meeting the
requirements of NRS 111.365 ,
accompanied by a certified copy of the death certificate of the deceased
person.
[1:18:1939; A 1951, 172]—(NRS A 1963, 802; 1965, 665, 1004; 1983,
666; 1991, 457; 1995, 2569; 2001, 1750 ; 2003, 876 )
Any affidavit or petition, such as described in NRS 40.525
, may be filed as a part of any probate
proceeding.
[1(a):18:1939; added 1951, 172]—(NRS A 1965, 665)—(Substituted in
revision for NRS 40.480)
ACTIONS RESULTING FROM CONSTRUCTIONAL DEFECT
General Provisions
As used in NRS 40.600 to 40.695 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 40.605 to 40.634 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1995, 2539; A 1997, 2716; 1999, 1440 ; 2001 Special Session, 67 ; 2003, 2041 )
“Amend a complaint to add a cause of
action for a constructional defect” means any act by which a claimant
seeks to:
1. Add to the pleadings a defective component that is not
otherwise included in the pleadings and for which a notice was not
previously given; or
2. Amend the pleadings in such a manner that the practical effect
is the addition of a constructional defect that is not otherwise included
in the pleadings.
Ê The term does not include amending a complaint to plead a different
cause for a constructional defect which is included in the same action.
(Added to NRS by 2003, 2034 )
1. “Appurtenance” means a structure, installation, facility,
amenity or other improvement that is appurtenant to or benefits one or
more residences, but is not a part of the dwelling unit. The term
includes, without limitation, the parcel of real property, recreational
facilities, golf courses, walls, sidewalks, driveways, landscaping,
common elements and limited common elements other than those described in
NRS 116.2102 , and other structures,
installations, facilities and amenities associated with or benefiting one
or more residences.
2. As used in this section:
(a) “Common elements” has the meaning ascribed to it in NRS 116.017
.
(b) “Limited common element” has the meaning ascribed to it in NRS
116.059 .
(Added to NRS by 1995, 2539; A 1997, 2716; 1999, 1440 )
“Claimant” means:
1. An owner of a residence or appurtenance;
2. A representative of a homeowner’s association that is
responsible for a residence or appurtenance and is acting within the
scope of his duties pursuant to chapter 116
or 117 of NRS; or
3. Each owner of a residence or appurtenance to whom a notice
applies pursuant to subsection 4 of NRS 40.645 .
(Added to NRS by 1995, 2539; A 1997, 2717; 2003, 2041 )
“Constructional
defect” means a defect in the design, construction, manufacture, repair
or landscaping of a new residence, of an alteration of or addition to an
existing residence, or of an appurtenance and includes, without
limitation, the design, construction, manufacture, repair or landscaping
of a new residence, of an alteration of or addition to an existing
residence, or of an appurtenance:
1. Which is done in violation of law, including, without
limitation, in violation of local codes or ordinances;
2. Which proximately causes physical damage to the residence, an
appurtenance or the real property to which the residence or appurtenance
is affixed;
3. Which is not completed in a good and workmanlike manner in
accordance with the generally accepted standard of care in the industry
for that type of design, construction, manufacture, repair or
landscaping; or
4. Which presents an unreasonable risk of injury to a person or
property.
(Added to NRS by 1995, 2539; A 2003, 2041 )
“Contractor” means a person who,
with or without a license issued pursuant to chapter 624 of NRS, by himself or through his agents, employees or
subcontractors:
1. Develops, constructs, alters, repairs, improves or landscapes a
residence, appurtenance or any part thereof;
2. Develops a site for a residence, appurtenance or any part
thereof; or
3. Sells a residence or appurtenance, any part of which the
person, by himself or through his agents, employees or subcontractors,
has developed, constructed, altered, repaired, improved or landscaped.
(Added to NRS by 1995, 2539; A 1997, 2717)
“Design professional”
means a person who holds a professional license or certificate issued
pursuant to chapter 623 , 623A or 625 of NRS.
(Added to NRS by 2003, 2034 )
“Homeowner’s warranty”
means a warranty or policy of insurance:
1. Issued or purchased by or on behalf of a contractor for the
protection of a claimant; or
2. Purchased by or on behalf of a claimant pursuant to NRS
690B.100 to 690B.180 , inclusive.
ÊThe term includes a warranty contract issued by a risk retention group
that operates in compliance with chapter 695E of NRS and insures all or any part of the liability of a
contractor for the cost to repair a constructional defect in a residence.
(Added to NRS by 1995, 2540; A 1997, 2717; 1999, 1440 )
“Residence” means any dwelling in
which title to the individual units is transferred to the owners.
(Added to NRS by 1995, 2540; A 1997, 2717)
“Subcontractor” means a
contractor who performs work on behalf of another contractor in the
construction of a residence or appurtenance.
(Added to NRS by 2003, 2034 )
“Supplier” means a person who
provides materials, equipment or other supplies for the construction of a
residence or appurtenance.
(Added to NRS by 2003, 2034 )
NRS 40.600
to 40.695 , inclusive:
1. Apply to any claim that arises before, on or after July 1,
1995, as the result of a constructional defect, except a claim for
personal injury or wrongful death, if the claim is the subject of an
action commenced on or after July 1, 1995.
2. Prevail over any conflicting law otherwise applicable to the
claim or cause of action.
3. Do not bar or limit any defense otherwise available, except as
otherwise provided in those sections.
4. Do not create a new theory upon which liability may be based,
except as otherwise provided in those sections.
(Added to NRS by 1995, 2540; A 1997, 2717; 2003, 2041 )
Conditions and Limitations on Actions
In a claim to recover damages
resulting from a constructional defect, a contractor is liable for his
acts or omissions or the acts or omissions of his agents, employees or
subcontractors and is not liable for any damages caused by:
1. The acts or omissions of a person other than the contractor or
his agent, employee or subcontractor;
2. The failure of a person other than the contractor or his agent,
employee or subcontractor to take reasonable action to reduce the damages
or maintain the residence;
3. Normal wear, tear or deterioration;
4. Normal shrinkage, swelling, expansion or settlement; or
5. Any constructional defect disclosed to an owner before his
purchase of the residence, if the disclosure was provided in language
that is understandable and was written in underlined and boldfaced type
with capital letters.
(Added to NRS by 1995, 2540; A 1997, 2718)
1. Except as otherwise provided in this section and NRS 40.670
, before a claimant commences an action
or amends a complaint to add a cause of action for a constructional
defect against a contractor, subcontractor, supplier or design
professional the claimant:
(a) Must give written notice by certified mail, return receipt
requested, to the contractor, at the contractor’s address listed in the
records of the State Contractors’ Board or in the records of the office
of the county or city clerk or at the contractor’s last known address if
his address is not listed in those records; and
(b) May give written notice by certified mail, return receipt
requested, to any subcontractor, supplier or design professional known to
the claimant who may be responsible for the constructional defect, if the
claimant knows that the contractor is no longer licensed in this State or
that he no longer acts as a contractor in this State.
2. The notice given pursuant to subsection 1 must:
(a) Include a statement that the notice is being given to satisfy
the requirements of this section;
(b) Specify in reasonable detail the defects or any damages or
injuries to each residence or appurtenance that is the subject of the
claim; and
(c) Describe in reasonable detail the cause of the defects if the
cause is known, the nature and extent that is known of the damage or
injury resulting from the defects and the location of each defect within
each residence or appurtenance to the extent known.
3. Notice that includes an expert opinion concerning the cause of
the constructional defects and the nature and extent of the damage or
injury resulting from the defects which is based on a valid and reliable
representative sample of the components of the residences or
appurtenances may be used as notice of the common constructional defects
within the residences or appurtenances to which the expert opinion
applies.
4. Except as otherwise provided in subsection 5, one notice may be
sent relating to all similarly situated owners of residences or
appurtenances within a single development that allegedly have common
constructional defects if:
(a) An expert opinion is obtained concerning the cause of the
common constructional defects and the nature and extent of the damage or
injury resulting from the common constructional defects;
(b) That expert opinion concludes that based on a valid and
reliable representative sample of the components of the residences and
appurtenances included in the notice, it is the opinion of the expert
that those similarly situated residences and appurtenances may have such
common constructional defects; and
(c) A copy of the expert opinion is included with the notice.
5. A representative of a homeowner’s association may send notice
pursuant to this section on behalf of an association that is responsible
for a residence or appurtenance if the representative is acting within
the scope of his duties pursuant to chapter 116 or 117 of NRS.
6. Notice is not required pursuant to this section before
commencing an action if:
(a) The contractor, subcontractor, supplier or design professional
has filed an action against the claimant; or
(b) The claimant has filed a formal complaint with a law
enforcement agency against the contractor, subcontractor, supplier or
design professional for threatening to commit or committing an act of
violence or a criminal offense against the claimant or the property of
the claimant.
(Added to NRS by 1995, 2540; A 1997, 2718; 1999, 1440 ; 2003, 2042 )
1. Except as otherwise provided in subsection 2, not later than 60
days after a contractor receives a notice pursuant to subsection 4 of NRS
40.645 which alleges common
constructional defects to residences or appurtenances within a single
development and which complies with the requirements of subsection 4 of
NRS 40.645 for giving such notice, the
contractor may respond to the named owners of the residences or
appurtenances in the notice in the manner set forth in NRS 40.6472 .
2. The contractor may provide a disclosure of the notice of the
alleged common constructional defects to each unnamed owner of a
residence or appurtenance within the development to whom the notice may
apply in the manner set forth in this section. The disclosure must be
sent by certified mail, return receipt requested, to the home address of
each such owner. The disclosure must be mailed not later than 60 days
after the contractor receives the notice of the alleged common
constructional defects, except that if the common constructional defects
may pose an imminent threat to health and safety, the disclosure must be
mailed as soon as reasonably practicable, but not later than 20 days
after the contractor receives the notice.
3. The disclosure of a notice of alleged common constructional
defects provided by a contractor to the unnamed owners to whom the notice
may apply pursuant to subsection 2 must include, without limitation:
(a) A description of the alleged common constructional defects
identified in the notice that may exist in the residence or appurtenance;
(b) A statement that notice alleging common constructional defects
has been given to the contractor which may apply to the owner;
(c) A statement advising the owner that he has 30 days within which
to request the contractor to inspect the residence or appurtenance to
determine whether the residence or appurtenance has the alleged common
constructional defects;
(d) A form which the owner may use to request such an inspection or
a description of the manner in which the owner may request such an
inspection;
(e) A statement advising the owner that if he fails to request an
inspection pursuant to this section, no notice shall be deemed to have
been given by him for the alleged common constructional defects; and
(f) A statement that if the owner chooses not to request an
inspection of his residence or appurtenance, he is not precluded from
sending a notice pursuant to NRS 40.645
individually or commencing an action or amending a complaint to add a
cause of action for a constructional defect individually after complying
with the requirements set forth in NRS 40.600 to 40.695 ,
inclusive.
4. If an unnamed owner requests an inspection of his residence or
appurtenance in accordance with subsection 3, the contractor must provide
the response required pursuant to NRS 40.6472 not later than 45 days after the date on
which the contractor receives the request.
5. If a contractor who receives a notice pursuant to subsection 4
of NRS 40.645 does not provide a
disclosure to unnamed owners as authorized pursuant to this section, the
owners of the residences or appurtenances to whom the notice may apply
may commence an action for the constructional defect without complying
with any other provision set forth in NRS 40.600 to 40.695 ,
inclusive. This subsection does not establish or prohibit the right to
maintain a class action.
6. If a contractor fails to provide a disclosure to an unnamed
owner to whom the notice of common constructional defects was intended to
apply:
(a) The contractor shall be deemed to have waived his right to
inspect and repair any common constructional defect that was identified
in the notice with respect to that owner; and
(b) The owner is not required to comply with the provisions set
forth in NRS 40.645 or 40.647 before commencing an action or amending a
complaint to add a cause of action based on that common constructional
defect.
(Added to NRS by 2003, 2034 )
1. Except as otherwise provided in subsection 2, not later than 30
days after the date on which a contractor receives notice of a
constructional defect pursuant to NRS 40.645 , the contractor shall forward a copy of the
notice by certified mail, return receipt requested, to the last known
address of each subcontractor, supplier or design professional whom the
contractor reasonably believes is responsible for a defect specified in
the notice.
2. If a contractor does not provide notice as required pursuant to
subsection 1, the contractor may not commence an action against the
subcontractor, supplier or design professional related to the
constructional defect unless the contractor demonstrates that, after
making a good faith effort, he was unable to identify the subcontractor,
supplier or design professional who he believes is responsible for the
defect within the time provided pursuant to subsection 1.
3. Except as otherwise provided in subsection 4, not later than 30
days after receiving notice from the contractor pursuant to this section,
the subcontractor, supplier or design professional shall inspect the
alleged constructional defect in accordance with subsection 1 of NRS
40.6462 and provide the contractor
with a written statement indicating:
(a) Whether the subcontractor, supplier or design professional has
elected to repair the defect for which the contractor believes the
subcontractor, supplier or design professional is responsible; and
(b) If the subcontractor, supplier or design professional elects to
repair the defect, an estimate of the length of time required for the
repair, and at least two proposed dates on and times at which the
subcontractor, supplier or design professional is able to begin making
the repair.
4. If the notice of a constructional defect forwarded by the
contractor was given pursuant to subsection 4 of NRS 40.645 and the contractor provides a disclosure of
the notice of the alleged common constructional defects to the unnamed
owners to whom the notice may apply pursuant to NRS 40.6452 :
(a) The contractor shall, in addition to the notice provided
pursuant to subsection 1, upon receipt of a request for an inspection,
forward a copy of the request to or notify each subcontractor, supplier
or design professional who may be responsible for the alleged defect of
the request not later than 5 working days after receiving such a request;
and
(b) Not later than 20 days after receiving notice from the
contractor of such a request, the subcontractor, supplier or design
professional shall inspect the alleged constructional defect in
accordance with subsection 2 of NRS 40.6462 and provide the contractor with a written
statement indicating:
(1) Whether the subcontractor, supplier or design
professional has elected to repair the defect for which the contractor
believes the subcontractor, supplier or design professional is
responsible; and
(2) If the subcontractor, supplier or design professional
elects to repair the defect, an estimate of the length of time required
for the repair, and at least two proposed dates on and times at which the
subcontractor, supplier or design professional is able to begin making
the repair.
5. If a subcontractor, supplier or design professional elects to
repair the constructional defect, the contractor or claimant may hold the
subcontractor liable for any repair which does not eliminate the defect.
(Added to NRS by 2003, 2035 )
1. Except as otherwise provided in subsection 2, after notice of a
constructional defect is given to a contractor pursuant to NRS 40.645
, the claimant shall, upon reasonable
notice, allow the contractor and each subcontractor, supplier or design
professional who may be responsible for the alleged defect reasonable
access to the residence or appurtenance that is the subject of the notice
to determine the nature and extent of a constructional defect and the
nature and extent of repairs that may be necessary. To the extent
possible, the persons entitled to inspect shall coordinate and conduct
the inspections in a manner which minimizes the inconvenience to the
claimant.
2. If notice is given to the contractor pursuant to subsection 4
of NRS 40.645 , the contractor and each
subcontractor, supplier or design professional who may be responsible for
the defect do not have the right to inspect the residence or appurtenance
of an owner who is not named in the notice unless the owner requests the
inspection in the manner set forth in NRS 40.6452 . If the owner does not request the
inspection, the owner shall be deemed not to have provided notice
pursuant to NRS 40.645 .
(Added to NRS by 2003, 2036 )
1. Except as otherwise provided in NRS 40.6452 , after notice of a constructional defect is
given pursuant to NRS 40.645 , before a
claimant may commence an action or amend a complaint to add a cause of
action for a constructional defect against a contractor, subcontractor,
supplier or design professional, the claimant must:
(a) Allow an inspection of the alleged constructional defect to be
conducted pursuant to NRS 40.6462 ; and
(b) Allow the contractor, subcontractor, supplier or design
professional a reasonable opportunity to repair the constructional defect
or cause the defect to be repaired if an election to repair is made
pursuant to NRS 40.6472 .
2. If a claimant commences an action without complying with
subsection 1 or NRS 40.645 , the court
shall:
(a) Dismiss the action without prejudice and compel the claimant to
comply with those provisions before filing another action; or
(b) If dismissal of the action would prevent the claimant from
filing another action because the action would be procedurally barred by
the statute of limitations or statute of repose, the court shall stay the
proceeding pending compliance with those provisions by the claimant.
(Added to NRS by 2003, 2039 )
1. Except as otherwise provided in NRS 40.670 and 40.672
and NRS 40.6452 , a written response
must be sent by certified mail, return receipt requested, to a claimant
who gives notice of a constructional defect pursuant to NRS 40.645 :
(a) By the contractor not later than 90 days after the contractor
receives the notice; and
(b) If notice was sent to a subcontractor, supplier or design
professional, by the subcontractor, supplier or design professional not
later than 90 days after the date that the subcontractor, supplier or
design professional receives the notice.
2. The written response sent pursuant to subsection 1 must respond
to each constructional defect in the notice and:
(a) Must state whether the contractor, subcontractor, supplier or
design professional has elected to repair the defect or cause the defect
to be repaired. If an election to repair is included in the response and
the repair will cause the claimant to move from his home during the
repair, the election must also include monetary compensation in an amount
reasonably necessary for temporary housing or for storage of household
items, or for both, if necessary.
(b) May include a proposal for monetary compensation, which may
include contribution from a subcontractor, supplier or design
professional.
(c) May disclaim liability for the constructional defect and state
the reasons for such a disclaimer.
3. If the claimant is a homeowners’ association, the association
shall send a copy of the response to each member of the association not
later than 30 days after receiving the response.
4. If the contractor, subcontractor, supplier or design
professional has elected not to repair the constructional defect, the
claimant or contractor may bring a cause of action for the constructional
defect or amend a complaint to add a cause of action for the
constructional defect.
5. If the contractor, subcontractor, supplier or design
professional has elected to repair the constructional defect, the
claimant must provide the contractor, subcontractor, supplier or design
professional with a reasonable opportunity to repair the constructional
defect.
(Added to NRS by 2003, 2037 )
1. If the response provided pursuant to NRS 40.6472 includes an election to repair the
constructional defect:
(a) The repairs may be performed by the contractor, subcontractor,
supplier or design professional, if he is properly licensed, bonded and
insured to perform the repairs and, if he is not, the repairs may be
performed by another person who meets those qualifications.
(b) The repairs must be performed:
(1) On reasonable dates and at reasonable times agreed to in
advance with the claimant;
(2) In compliance with any applicable building code and in a
good and workmanlike manner in accordance with the generally accepted
standard of care in the industry for that type of repair; and
(3) In a manner which will not increase the cost of
maintaining the residence or appurtenance than otherwise would have been
required if the residence or appurtenance had been constructed without
the constructional defect, unless the contractor and the claimant agree
in writing that the contractor will compensate the claimant for the
increased cost incurred as a result of the repair.
(c) Any part of the residence or appurtenance that is not defective
but which must be removed to correct the constructional defect must be
replaced.
(d) The contractor, subcontractor, supplier or design professional
shall prevent, remove and indemnify the claimant against any mechanics’
liens and materialmen’s liens.
2. Unless the claimant and the contractor, subcontractor, supplier
or design professional agree to extend the time for repairs, the repairs
must be completed:
(a) If the notice was sent pursuant to subsection 4 of NRS 40.645
and there are four or fewer owners
named in the notice, for the named owners, not later than 105 days after
the date on which the contractor received the notice.
(b) If the notice was sent pursuant to subsection 4 of NRS 40.645
and there are five or more owners named
in the notice, for the named owners, not later than 150 days after the
date on which the contractor received the notice.
(c) If the notice was sent pursuant to subsection 4 of NRS 40.645
, not later than 105 days after the date
on which the contractor provides a disclosure of the notice to the
unnamed owners to whom the notice applies pursuant to NRS 40.6452 .
(d) If the notice was not sent pursuant to subsection 4 of NRS
40.645 :
(1) Not later than 105 days after the date on which the
notice of the constructional defect was received by the contractor,
subcontractor, supplier or design professional if the notice of a
constructional defect was received from four or fewer owners; or
(2) Not later than 150 days after the date on which the
notice of the constructional defect was received by the contractor,
subcontractor, supplier or design professional if the notice was received
from five or more owners or from a representative of a homeowners’
association.
3. If repairs reasonably cannot be completed within the time set
forth in subsection 2, the claimant and the contractor, subcontractor,
supplier or design professional shall agree to a reasonable time within
which to complete the repair. If the claimant and contractor,
subcontractor, supplier or design professional cannot agree on such a
time, any of them may petition the court to establish a reasonable time
for completing the repair.
4. Any election to repair made pursuant to NRS 40.6472 may not be made conditional upon a release of
liability.
5. Not later than 30 days after the repairs are completed, the
contractor, subcontractor, supplier or design professional who repaired
or caused the repair of a constructional defect shall provide the
claimant with a written statement describing the nature and extent of the
repair, the method used to repair the constructional defect and the
extent of any materials or parts that were replaced during the repair.
(Added to NRS by 2003, 2037 )
1. If a contractor, subcontractor, supplier or design professional
receives written notice of a constructional defect, the contractor,
subcontractor, supplier or design professional may present the claim to
an insurer which has issued a policy of insurance that covers all or any
portion of the business of the contractor, subcontractor, supplier or
design professional.
2. If the contractor, subcontractor, supplier or design
professional presents the claim to the insurer pursuant to this section,
the insurer:
(a) Must treat the claim as if a civil action has been brought
against the contractor, subcontractor, supplier or design professional;
and
(b) Must provide coverage to the extent available under the policy
of insurance as if a civil action has been brought against the
contractor, subcontractor, supplier or design professional.
3. A contractor, subcontractor, supplier or design professional is
not required to present a claim to the insurer pursuant to this section,
and the failure to present such a claim to the insurer does not relieve
the insurer of any duty under the policy of insurance to the contractor,
subcontractor, supplier or design professional.
(Added to NRS by 2003, 2040 )
1. If a claimant unreasonably rejects a reasonable written offer
of settlement made as part of a response pursuant to paragraph (b) of
subsection 2 of NRS 40.6472 and
thereafter commences an action governed by NRS 40.600 to 40.695 ,
inclusive, the court in which the action is commenced may:
(a) Deny the claimant’s attorney’s fees and costs; and
(b) Award attorney’s fees and costs to the contractor.
ÊAny sums paid under a homeowner’s warranty, other than sums paid in
satisfaction of claims that are collateral to any coverage issued to or
by the contractor, must be deducted from any recovery.
2. If a contractor, subcontractor, supplier or design professional
fails to:
(a) Comply with the provisions of NRS 40.6472 ;
(b) Make an offer of settlement;
(c) Make a good faith response to the claim asserting no liability;
(d) Agree to a mediator or accept the appointment of a mediator
pursuant to NRS 40.680 ; or
(e) Participate in mediation,
Êthe limitations on damages and defenses to liability provided in NRS
40.600 to 40.695 , inclusive, do not apply and the claimant may
commence an action or amend a complaint to add a cause of action for a
constructional defect without satisfying any other requirement of NRS
40.600 to 40.695 , inclusive.
3. If a residence or appurtenance that is the subject of the claim
is covered by a homeowner’s warranty that is purchased by or on behalf of
a claimant pursuant to NRS 690B.100 to 690B.180 , inclusive, a claimant shall diligently pursue a claim under
the contract. If coverage under a homeowner’s warranty is denied by an
insurer in bad faith, the homeowner and the contractor, subcontractor,
supplier or design professional have a right of action for the sums that
would have been paid if coverage had been provided, plus reasonable
attorney’s fees and costs.
4. Nothing in this section prohibits an offer of judgment pursuant
to Rule 68 of the Nevada Rules of Civil Procedure or NRS 17.115 if the offer of judgment includes all damages
to which the claimant is entitled pursuant to NRS 40.655 .
(Added to NRS by 1995, 2541; A 1997, 2719; 1999, 1442 ; 2003, 2044 )
1. Except as otherwise provided in NRS 40.650 , in a claim governed by NRS 40.600 to 40.695 ,
inclusive, the claimant may recover only the following damages to the
extent proximately caused by a constructional defect:
(a) Any reasonable attorney’s fees;
(b) The reasonable cost of any repairs already made that were
necessary and of any repairs yet to be made that are necessary to cure
any constructional defect that the contractor failed to cure and the
reasonable expenses of temporary housing reasonably necessary during the
repair;
(c) The reduction in market value of the residence or accessory
structure, if any, to the extent the reduction is because of structural
failure;
(d) The loss of the use of all or any part of the residence;
(e) The reasonable value of any other property damaged by the
constructional defect;
(f) Any additional costs reasonably incurred by the claimant,
including, but not limited to, any costs and fees incurred for the
retention of experts to:
(1) Ascertain the nature and extent of the constructional
defects;
(2) Evaluate appropriate corrective measures to estimate the
value of loss of use; and
(3) Estimate the value of loss of use, the cost of temporary
housing and the reduction of market value of the residence; and
(g) Any interest provided by statute.
2. The amount of any attorney’s fees awarded pursuant to this
section must be approved by the court.
3. If a contractor complies with the provisions of NRS 40.600
to 40.695 , inclusive, the claimant may not recover from
the contractor, as a result of the constructional defect, anything other
than that which is provided pursuant to NRS 40.600 to 40.695 ,
inclusive.
4. This section must not be construed as impairing any contractual
rights between a contractor and a subcontractor, supplier or design
professional.
5. As used in this section, “structural failure” means physical
damage to the load-bearing portion of a residence or appurtenance caused
by a failure of the load-bearing portion of the residence or appurtenance.
(Added to NRS by 1995, 2541; A 1997, 2720; 2003, 2045 )
An offer of settlement made pursuant to paragraph (b) of subsection 2 of
NRS 40.6472 that is not accepted
within 35 days after the offer is received by the claimant is considered
rejected if the offer contains a clear and understandable statement
notifying the claimant of the consequences of his failure to respond or
otherwise accept or reject the offer of settlement. An affidavit
certifying rejection of an offer of settlement under this section may be
filed with the court.
(Added to NRS by 1995, 2542; A 1999, 1442 ; 2003, 2045 )
In addition to any other method provided for settling
a claim pursuant to NRS 40.600 to
40.695 , inclusive, a contractor may,
pursuant to a written agreement entered into with a claimant, settle a
claim by repurchasing the claimant’s residence and the real property upon
which it is located. The agreement may include provisions which reimburse
the claimant for:
1. The market value of the residence as if no constructional
defect existed, except that if a residence is less than 2 years of age
and was purchased from the contractor against whom the claim is brought,
the market value is the price at which the residence was sold to the
claimant;
2. The value of any improvements made to the property by a person
other than the contractor;
3. Reasonable attorney’s fees and fees for experts; and
4. Any costs, including costs and expenses for moving and costs,
points and fees for loans.
Ê Any offer of settlement made that includes the items listed in this
section shall be deemed reasonable for the purposes of subsection 1 of
NRS 40.650 .
(Added to NRS by 1995, 2542; A 1997, 2721; 2003, 2046 )
1. Except as otherwise provided in subsection 2, a written waiver
or settlement agreement executed by a claimant after a contractor has
corrected or otherwise repaired a constructional defect does not bar a
claim for the constructional defect if it is determined that the
contractor failed to correct or repair the defect properly.
2. The provisions of subsection 1 do not apply to any written
waiver or settlement agreement described in subsection 1, unless:
(a) The claimant has obtained the opinion of an expert concerning
the constructional defect;
(b) The claimant has provided the contractor with a written notice
of the defect pursuant to NRS 40.645
and a copy of the expert’s opinion; and
(c) The claimant and the contractor have complied with the
requirements for inspection and repair as provided in NRS 40.600 to 40.695 ,
inclusive.
3. The provisions of this section do not apply to repairs which
are made pursuant to an election to repair pursuant to NRS 40.6472 .
4. If a claimant does not prevail in any action which is not
barred pursuant to this section, the court may:
(a) Deny the claimant’s attorney’s fees, fees for an expert witness
or costs; and
(b) Award attorney’s fees and costs to the contractor.
(Added to NRS by 1995, 2544; A 1997, 2723; 1999, 1442 ; 2003, 2046 )
1. Notwithstanding the provisions of NRS 40.600 to 40.695 ,
inclusive, a claimant may not commence an action against a subdivider or
master developer for a constructional defect in an appurtenance
constructed on behalf of the subdivider or master developer in a planned
unit development, to the extent that the appurtenance was constructed by
or through a licensed general contractor, unless:
(a) The subdivider or master developer fails to provide to the
claimant the name, address and telephone number of each contractor hired
by the subdivider or master developer to construct the appurtenance
within 30 days of the receipt by the subdivider or master developer of a
request from the claimant for such information; or
(b) After the claimant has made a good faith effort to obtain full
recovery from the contractors hired by the subdivider or master developer
to construct the appurtenance, the claimant has not obtained a full
recovery.
2. All statutes of limitation or repose applicable to a claim
governed by this section are tolled from the time the claimant notifies a
contractor hired by the subdivider or master developer of the claim until
the earlier of the date:
(a) A court determines that the claimant cannot obtain a full
recovery against those contractors; or
(b) The claimant receives notice that those contractors are
bankrupt, insolvent or dissolved.
Ê Tolling pursuant to this subsection applies only to the subdivider or
master developer. Notwithstanding any applicable statute of limitation or
repose, the claimant may commence an action against the subdivider or
master developer for the claim within 1 year after the end of the tolling
described in this subsection.
3. Nothing in this section prohibits the commencement of an action
against a subdivider or master developer for a constructional defect in a
residence sold, designed or constructed by or on behalf of the subdivider
or master developer.
4. Nothing in this section prohibits a person other than the
claimant from commencing an action against a subdivider or master
developer to enforce his own rights.
5. The provisions of this section do not apply to a subdivider or
master developer who acts as a general contractor or uses his license as
a general contractor in the course of constructing the appurtenance that
is the subject of the action.
6. As used in this section:
(a) “Master developer” means a person who buys, sells or develops a
planned unit development, including, without limitation, a person who
enters into a development agreement pursuant to NRS 278.0201 .
(b) “Planned unit development” has the meaning ascribed to it in
NRS 278A.065 .
(c) “Subdivider” has the meaning ascribed to it in NRS 278.0185
.
(Added to NRS by 1999, 1438 )
Repairs
1. A contractor, subcontractor, supplier or design professional
who receives written notice of a constructional defect resulting from
work performed by the contractor, subcontractor, supplier or design
professional which creates an imminent threat to the health or safety of
the inhabitants of the residence shall take reasonable steps to cure the
defect as soon as practicable. The contractor, subcontractor, supplier or
design professional shall not cure the defect by making any repairs for
which he is not licensed or by causing any repairs to be made by a person
who is not licensed to make those repairs. If the contractor,
subcontractor, supplier or design professional fails to cure the defect
in a reasonable time, the owner of the residence may have the defect
cured and may recover from the contractor, subcontractor, supplier or
design professional the reasonable cost of the repairs plus reasonable
attorney’s fees and costs in addition to any other damages recoverable
under any other law.
2. A contractor, subcontractor, supplier or design professional
who does not cure a defect pursuant to this section because he has
determined, in good faith and after a reasonable inspection, that there
is not an imminent threat to the health or safety of the inhabitants is
not liable for attorney’s fees and costs pursuant to this section, except
that if a building inspector, building official or other similar
authority employed by a governmental body with jurisdiction certifies
that there is an imminent threat to the health and safety of the
inhabitants of the residence, the contractor, subcontractor, supplier or
design professional is subject to the provisions of subsection 1.
(Added to NRS by 1995, 2542; A 1997, 2721; 2001, 1249 ; 2003, 2046 )
Except as
otherwise provided in NRS 40.670 , if a
contractor, subcontractor, supplier or design professional receives
written notice of a constructional defect not more than 1 year after the
close of escrow of the initial purchase of the residence, the contractor,
subcontractor, supplier or design professional shall make the repairs
within 45 days after receiving the written notice unless completion is
delayed by the claimant or by other events beyond the control of the
contractor, subcontractor, supplier or design professional, or timely
completion of repairs is not reasonably possible. The contractor,
subcontractor, supplier or design professional and claimant may agree in
writing to extend the period prescribed by this section. If a contractor
or subcontractor fails to comply with this section, he is immediately
subject to discipline pursuant to NRS 624.300 .
(Added to NRS by 1999, 1437 ; A 2003, 2047 )
1. A contractor who makes or provides for repairs under NRS 40.600
to 40.695 , inclusive, may take reasonable steps to prove
that the repairs were made and to have them inspected.
2. The provisions of NRS 40.600
to 40.695 , inclusive, regarding
inspection and repair are in addition to any rights of inspection and
settlement provided by common law or by another statute.
(Added to NRS by 1995, 2542)
Special Procedures
1. Except as otherwise provided in this chapter, before a claimant
commences an action or amends a complaint to add a cause of action for a
constructional defect against a contractor, subcontractor, supplier or
design professional, the matter must be submitted to mediation, unless
mediation is waived in writing by the contractor, subcontractor, supplier
or design professional and the claimant.
2. The claimant and each party alleged to have caused the
constructional defect must select a mediator by agreement. If the
claimant and the other parties fail to agree upon a mediator within 20
days after a mediator is first selected by the claimant, any party may
petition the American Arbitration Association, the Nevada Arbitration
Association, Nevada Dispute Resolution Services or any other mediation
service acceptable to the parties for the appointment of a mediator. A
mediator so appointed may discover only those documents or records which
are necessary to conduct the mediation. The mediator shall convene the
mediation within 30 days after the matter is submitted to him and shall
complete the mediation within 45 days after the matter is submitted to
him, unless the parties agree to extend the time.
3. Before the mediation begins:
(a) The claimant shall deposit $50 with the mediation service; and
(b) Each other party shall deposit with the mediation service, in
equal shares, the remaining amount estimated by the mediation service as
necessary to pay the fees and expenses of the mediator for the first
session of mediation and shall deposit additional amounts demanded by the
mediation service as incurred for that purpose.
4. Unless otherwise agreed, the total fees for each day of
mediation and the mediator must not exceed $750 per day.
5. If the parties do not reach an agreement concerning the matter
during mediation or if any party who is alleged to have caused the
constructional defect fails to pay the required fees and appear, the
claimant may commence an action or amend a complaint to add a cause of
action for the constructional defect in court and:
(a) The reasonable costs and fees of the mediation are recoverable
by the prevailing party as costs of the action.
(b) Any party may petition the court in which the action is
commenced for the appointment of a special master.
6. A special master appointed pursuant to subsection 5 may:
(a) Review all pleadings, papers or documents filed with the court
concerning the action.
(b) Coordinate the discovery of any books, records, papers or other
documents by the parties, including the disclosure of witnesses and the
taking of the deposition of any party.
(c) Order any inspections on the site of the property by a party
and any consultants or experts of a party.
(d) Order settlement conferences and attendance at those
conferences by any representative of the insurer of a party.
(e) Require any attorney representing a party to provide statements
of legal and factual issues concerning the action.
(f) Refer to the judge who appointed him or to the presiding judge
of the court in which the action is commenced any matter requiring
assistance from the court.
ÊThe special master shall not, unless otherwise agreed by the parties,
personally conduct any settlement conferences or engage in any ex parte
meetings regarding the action.
7. Upon application by a party to the court in which the action is
commenced, any decision or other action taken by a special master
appointed pursuant to this section may be appealed to the court for a
decision.
8. A report issued by a mediator or special master that indicates
that a party has failed to appear before him or to mediate in good faith
is admissible in the action, but a statement or admission made by a party
in the course of mediation is not admissible.
(Added to NRS by 1995, 2543; A 1997, 2721; 2003, 2047 )
Not later than 15 days before
the commencement of mediation required pursuant to NRS 40.680 and upon providing 15 days’ notice, each party
shall provide to the other party, or shall make a reasonable effort to
assist the other party to obtain, all relevant reports, photos,
correspondence, plans, specifications, warranties, contracts,
subcontracts, work orders for repair, videotapes, technical reports, soil
and other engineering reports and other documents or materials relating
to the claim that are not privileged.
(Added to NRS by 2003, 2041 )
1. If a settlement conference is held concerning a claim for a
constructional defect, the special master, if any, or the judge presiding
over the claim may order a representative of an insurer of a party to
attend the settlement conference. If a representative of an insurer is
ordered to attend the settlement conference, the insurer shall ensure
that the representative is authorized, on behalf of the insurer, to:
(a) Bind the insurer to any settlement agreement relating to the
claim;
(b) Enter into any agreement relating to coverage that may be
available under the party’s policy of insurance which is required to
carry out any settlement relating to the claim; and
(c) Commit for expenditure money or other assets available under
the party’s policy of insurance.
2. If a representative of an insurer who is ordered to attend a
settlement conference pursuant to subsection 1 fails to attend the
settlement conference or attends but is substantially unprepared to
participate, or fails to participate in good faith, the special master or
the judge may, on his own motion or that of a party, issue any order with
regard thereto that is just under the circumstances.
3. In lieu of or in addition to any other sanction, the special
master or the judge may require the insurer to pay any reasonable
expenses or attorney’s fees incurred by a party because of the failure of
the insurer or its representative to comply with the provisions of this
section or any order issued pursuant to this section, unless the special
master or the judge finds that the failure to comply was substantially
justified or that any other circumstances make the award of such expenses
or fees unjust.
4. Any insurer which conducts business in this State and which
insures a party against liability for the claim shall be deemed to have
consented to the jurisdiction of the special master or the judge for the
purposes of this section.
5. The authority conferred upon the special master or the judge
pursuant to this section is in addition to any other authority conferred
upon the special master or the judge pursuant to any other statute or any
court rule.
(Added to NRS by 2003, 2040 )
Disclosures
Notwithstanding any
other provision of law:
1. A claimant shall, within 10 days after commencing an action
against a contractor, disclose to the contractor all information about
any homeowner’s warranty that is applicable to the claim.
2. The contractor shall, no later than 10 days after a response is
made pursuant to this chapter, disclose to the claimant any information
about insurance agreements that may be obtained by discovery pursuant to
rule 26(b)(2) of the Nevada Rules of Civil Procedure. Such disclosure
does not affect the admissibility at trial of the information disclosed.
3. Except as otherwise provided in subsection 4, if either party
fails to provide the information required pursuant to subsection 1 or 2
within the time allowed, the other party may petition the court to compel
production of the information. Upon receiving such a petition, the court
may order the party to produce the required information and may award the
petitioning party reasonable attorney’s fees and costs incurred in
petitioning the court pursuant to this subsection.
4. The parties may agree to an extension of time to produce the
information required pursuant to this section.
5. For the purposes of this section, “information about insurance
agreements” is limited to any declaration sheets, endorsements and
contracts of insurance issued to the contractor from the commencement of
construction of the residence of the claimant to the date on which the
request for the information is made and does not include information
concerning any disputes between the contractor and an insurer or
information concerning any reservation of rights by an insurer.
(Added to NRS by 1997, 2716; A 1999, 1443 )
1. If a claimant attempts to sell a residence that is or has been
the subject of a claim governed by NRS 40.600 to 40.695 ,
inclusive, he shall disclose, in writing, to any prospective purchaser of
the residence, not less than 30 days before the close of escrow for the
sale of the residence or, if escrow is to close less than 30 days after
the execution of the sales agreement, then immediately upon the execution
of the sales agreement or, if a claim is initiated less than 30 days
before the close of escrow, within 24 hours after giving written notice
to the contractor pursuant to NRS 40.645 :
(a) All notices given by the claimant to the contractor pursuant to
NRS 40.600 to 40.695 , inclusive, that are related to the residence;
(b) All opinions the claimant has obtained from experts regarding a
constructional defect that is or has been the subject of the claim;
(c) The terms of any settlement, order or judgment relating to the
claim; and
(d) A detailed report of all repairs made to the residence by or on
behalf of the claimant as a result of a constructional defect that is or
has been the subject of the claim.
2. Before taking any action on a claim pursuant to NRS 40.600
to 40.695 , inclusive, the attorney for a claimant shall
notify the claimant in writing of the provisions of this section.
(Added to NRS by 1999, 1439 ; A 2003, 2048 )
Additional Requirement for Actions Against Design Professionals
As used in NRS 40.6884 and 40.6885 , unless the context otherwise requires,
“complainant” means a person who makes a claim or files an action against
a design professional pursuant to NRS 40.600 to 40.695 ,
inclusive.
(Added to NRS by 2001 Special Session, 66 ; A 2003, 2049 )
1. Except as otherwise provided in subsection 2, in an action
governed by NRS 40.600 to 40.695 , inclusive, that is commenced against a design
professional or a person primarily engaged in the practice of
professional engineering, land surveying, architecture or landscape
architecture, including, without limitation, an action for professional
negligence, the attorney for the complainant shall file an affidavit with
the court concurrently with the service of the first pleading in the
action stating that the attorney:
(a) Has reviewed the facts of the case;
(b) Has consulted with an expert;
(c) Reasonably believes the expert who was consulted is
knowledgeable in the relevant discipline involved in the action; and
(d) Has concluded on the basis of his review and the consultation
with the expert that the action has a reasonable basis in law and fact.
2. The attorney for the complainant may file the affidavit
required pursuant to subsection 1 at a later time if he could not consult
with an expert and prepare the affidavit before filing the action without
causing the action to be impaired or barred by the statute of limitations
or repose, or other limitations prescribed by law. If the attorney must
submit the affidavit late, he shall file an affidavit concurrently with
the service of the first pleading in the action stating his reason for
failing to comply with subsection 1 and the attorney shall consult with
an expert and file the affidavit required pursuant to subsection 1 not
later than 45 days after filing the action.
3. In addition to the statement included in the affidavit pursuant
to subsection 1, a report must be attached to the affidavit. Except as
otherwise provided in subsection 4, the report must be prepared by the
expert consulted by the attorney and include, without limitation:
(a) The resume of the expert;
(b) A statement that the expert is experienced in each discipline
which is the subject of the report;
(c) A copy of each nonprivileged document reviewed by the expert in
preparing his report, including, without limitation, each record, report
and related document that the expert has determined is relevant to the
allegations of negligent conduct that are the basis for the action;
(d) The conclusions of the expert and the basis for the
conclusions; and
(e) A statement that the expert has concluded that there is a
reasonable basis for filing the action.
4. In an action brought by a claimant in which an affidavit is
required to be filed pursuant to subsection 1:
(a) The report required pursuant to subsection 3 is not required to
include the information set forth in paragraphs (c) and (d) of subsection
3 if the claimant or his attorney files an affidavit, at the time that
the affidavit is filed pursuant to subsection 1, stating that he made
reasonable efforts to obtain the nonprivileged documents described in
paragraph (c) of subsection 3, but was unable to obtain such documents
before filing the action;
(b) The claimant or his attorney shall amend the report required
pursuant to subsection 3 to include any documents and information
required pursuant to paragraph (c) or (d) of subsection 3 as soon as
reasonably practicable after receiving the document or information; and
(c) The court may dismiss the action if the claimant and his
attorney fail to comply with the requirements of paragraph (b).
5. An expert consulted by an attorney to prepare an affidavit
pursuant to this section must not be a party to the action.
6. As used in this section, “expert” means a person who is
licensed in a state to engage in the practice of professional
engineering, land surveying, architecture or landscape architecture.
(Added to NRS by 2001 Special Session, 66 )
6884 .
1. The court shall dismiss an action governed by NRS 40.600 to 40.695 ,
inclusive, that is commenced against a design professional or a person
primarily engaged in the practice of professional engineering, land
surveying, architecture or landscape architecture, including, without
limitation, an action for professional negligence, if the attorney for
the complainant fails to:
(a) File an affidavit required pursuant to NRS 40.6884 ;
(b) File a report required pursuant to subsection 3 of NRS 40.6884
; or
(c) Name the expert consulted in the affidavit required pursuant to
subsection 1 of NRS 40.6884 .
2. The fact that an attorney for a complainant has complied or
failed to comply with the provisions of NRS 40.6884 is admissible in the action.
(Added to NRS by 2001 Special Session, 67 )
Miscellaneous Provisions
1. A claimant or any contractor, subcontractor, supplier or design
professional may submit a question or dispute to the State Contractors’
Board concerning any matter which may affect or relate to a
constructional defect, including, without limitation, questions
concerning the need for repairs, the appropriate method for repairs, the
sufficiency of any repairs that have been made and the respective rights
and responsibilities of homeowners, claimants, contractors,
subcontractors, suppliers and design professionals.
2. If a question or dispute is submitted to the State Contractors’
Board pursuant to this section, the State Contractors’ Board shall,
pursuant to its regulations, rules and procedures, respond to the
question or investigate the dispute and render a decision. Nothing in
this section authorizes the State Contractors’ Board to require the owner
of a residence or appurtenance to participate in any administrative
hearing which is held pursuant to this section.
3. Not later than 30 days after a question or dispute is submitted
to the State Contractors’ Board pursuant to subsection 1, the State
Contractors’ Board shall respond to the question or render its decision.
The response or decision of the State Contractors’ Board:
(a) Is not binding and is not subject to judicial review pursuant
to the provisions of chapters 233B and 624
of NRS; and
(b) Is not admissible in any judicial or administrative proceeding
brought pursuant to the provisions of this chapter.
4. The provisions of this chapter do not preclude a claimant or a
contractor, subcontractor, supplier or design professional from pursuing
any remedy otherwise available from the State Contractors’ Board pursuant
to the provisions of chapter 624 of NRS concerning a constructional defect.
5. If an action for a constructional defect has been commenced,
the court shall not stay or delay any proceedings before the court
pending an answer to a question or decision concerning a dispute
submitted to the State Contractors’ Board.
6. The State Contractors’ Board shall adopt regulations necessary
to carry out the provisions of this section and may charge and collect
reasonable fees from licensees to cover the cost of carrying out its
duties pursuant to this section.
(Added to NRS by 2003, 2039 ; A 2005, 477 )
1. Upon petition by a party:
(a) The court shall give preference in setting a date for the trial
of an action commenced pursuant to NRS 40.600 to 40.695 ,
inclusive; and
(b) The court may assign an action commenced pursuant to NRS 40.600
to 40.695 , inclusive, to a senior judge.
2. If the action is assigned to a senior judge upon petition by a
party:
(a) Any additional expenses caused by the assignment must be borne
equally by each party involved; or
(b) The judge may distribute any additional expenses among the
parties as he deems appropriate.
(Added to NRS by 1997, 2716)
1. A claim governed by NRS 40.600 to 40.695 ,
inclusive, may not be brought by a claimant or contractor against a
government, governmental agency or political subdivision of a government,
during the period in which a claim for a constructional defect is being
settled, mediated or otherwise resolved pursuant to NRS 40.600 to 40.695 ,
inclusive. The settlement of such a claim does not affect the rights or
obligations of the claimant or contractor in any action brought by the
claimant or contractor against a third party.
2. A contractor or claimant may require a party against whom the
contractor or claimant asserts a claim governed by NRS 40.600 to 40.695 ,
inclusive, to appear and participate in proceedings held pursuant to
those sections as if the party were a contractor and the party requiring
him to appear were a claimant. The party must receive notice of the
proceedings from the contractor or claimant.
(Added to NRS by 1995, 2544; A 1997, 2723; 1999, 1443 )
A claimant who commences an action for a constructional defect
is not required to give written notice of a defect pursuant to NRS 40.645
to any person who intervenes in the
action as a party after it is commenced. If such a person becomes a party
to the action:
1. For the purposes of NRS 40.645 , the person shall be deemed to have been given
notice of the defect by the claimant on the date on which the person
becomes a party to the action; and
2. The provisions of NRS 40.600
to 40.695 , inclusive, apply to the
person after that date.
(Added to NRS by 1999, 1438 ; A 2003, 2049 )
1. Except as otherwise provided in subsection 2, statutes of
limitation or repose applicable to a claim based on a constructional
defect governed by NRS 40.600 to 40.695
, inclusive, are tolled from the time
notice of the claim is given, until 30 days after mediation is concluded
or waived in writing pursuant to NRS 40.680 .
2. Tolling under this section applies to a third party regardless
of whether the party is required to appear in the proceeding.
(Added to NRS by 1995, 2544; A 1997, 2723; 1999, 1444 ; 2003, 2049 )
MISCELLANEOUS PROVISIONS
1. As used in this section, “financial institution” means a bank,
mortgage broker, mortgage banker, credit union, thrift company or savings
and loan association, or any subsidiary or affiliate of a bank, mortgage
broker, mortgage banker, credit union, thrift company or savings and loan
association, which is authorized to transact business in this State and
which makes or acquires, in whole or in part, any loan of the kind
described in subsection 2.
2. Except as otherwise provided in subsection 5, a person who, for
the purpose of obtaining a loan secured by a lien on real property,
knowingly conceals a material fact, or makes a false statement concerning
a material fact knowing that the statement is false, is liable to any
financial institution which relied upon the absence of that concealed
fact or on that false statement for any damages it sustains because of
the fraud.
3. In addition to its actual damages, a financial institution may
recover exemplary or punitive damages in an amount not to exceed 50
percent of the actual damages awarded.
4. The cause of action provided by this section:
(a) Is not, for the purposes of NRS 40.430 , an action for the recovery of any debt or an
action for the enforcement of any right secured by mortgage or lien upon
real estate.
(b) Is in addition to and not in substitution for any right of
foreclosure existing in favor of the financial institution. Any recovery
pursuant to this section does not limit the amount of a judgment awarded
pursuant to NRS 40.459 , but the
financial institution is not entitled to recover actual damages more than
once for the same loss.
5. The provisions of this section do not apply to any loan which
is secured by a lien on real property used for residential purposes if:
(a) The residence is a single-family dwelling occupied by the
person obtaining the loan, as represented by him in connection with his
application for the loan; and
(b) The loan is for the principal amount of $150,000 or less.
(Added to NRS by 1987, 1346; A 1999, 3802 ; 2003, 3570 )
1. When a person is using a facility for storage as a residence,
the owner or his agent shall serve or have served a notice in writing
which directs the person to cease using the facility as a residence no
later than 24 hours after receiving the notice. The notice must advise
the person that:
(a) NRS 108.475 requires the
owner to ask the court to have the person evicted if he has not ceased
using the facility as a residence within 24 hours; and
(b) He may continue to use the facility to store his personal
property in accordance with the rental agreement.
2. If the person does not cease using the facility as a residence
within 24 hours after receiving the notice to do so, the owner of the
facility or his agent shall apply by affidavit for summary eviction to
the justice of the peace of the township wherein the facility is located.
The affidavit must contain:
(a) The date the rental agreement became effective.
(b) A statement that the person is using the facility as a
residence.
(c) The date and time the person was served with written notice to
cease using the facility as a residence.
(d) A statement that the person has not ceased using the facility
as a residence within 24 hours after receiving the notice.
3. Upon receipt of such an affidavit the justice of the peace
shall issue an order directing the sheriff or constable of the county to
remove the person within 24 hours after receipt of the order. The sheriff
or constable shall not remove the person’s personal property from the
facility.
4. For the purposes of this section, “facility for storage” means
real property divided into individual spaces which are rented or leased
for storing personal property. The term does not include a garage or
storage area in a private residence.
(Added to NRS by 1989, 213)—(Substituted in revision for NRS 40.555)
1. Except as otherwise provided in subsection 6, in any sale,
lease or rental of real property, the fact that the property is or has
been:
(a) The site of a homicide, suicide or death by any other cause,
except a death that results from a condition of the property;
(b) The site of any crime punishable as a felony other than a crime
that involves the manufacturing of any material, compound, mixture or
preparation which contains any quantity of methamphetamine; or
(c) Occupied by a person exposed to the human immunodeficiency
virus or suffering from acquired immune deficiency syndrome or any other
disease that is not known to be transmitted through occupancy of the
property,
Ê is not material to the transaction.
2. In any sale, lease or rental of real property, the fact that a
sex offender, as defined in NRS 179D.400 , resides or is expected to reside in the
community is not material to the transaction, and the seller, lessor or
landlord or any agent of the seller, lessor or landlord does not have a
duty to disclose such a fact to a buyer, lessee or tenant or any agent of
a buyer, lessee or tenant.
3. In any sale, lease or rental of real property, the fact that a
facility for transitional living for released offenders that is licensed
pursuant to chapter 449 of NRS is located near the property being sold, leased or rented is
not material to the transaction.
4. A seller, lessor or landlord or any agent of the seller, lessor
or landlord is not liable to the buyer, lessee or tenant in any action at
law or in equity because of the failure to disclose any fact described in
subsection 1, 2 or 3 that is not material to the transaction or of which
the seller, lessor or landlord or agent of the seller, lessor or landlord
had no actual knowledge.
5. Except as otherwise provided in an agreement between a buyer,
lessee or tenant and his agent, an agent of the buyer, lessee or tenant
is not liable to the buyer, lessee or tenant in any action at law or in
equity because of the failure to disclose any fact described in
subsection 1, 2 or 3 that is not material to the transaction or of which
the agent of the buyer, lessee or tenant had no actual knowledge.
6. For purposes of this section, the fact that the property is or
has been the site of a crime that involves the manufacturing of any
material, compound, mixture or preparation which contains any quantity of
methamphetamine is not material to the transaction if:
(a) All materials and substances involving methamphetamine have
been removed from or remediated on the property by an entity certified or
licensed to do so; or
(b) The property has been deemed safe for habitation by a
governmental entity.
7. As used in this section, “facility for transitional living for
released offenders” has the meaning ascribed to it in NRS 449.0055 .
(Added to NRS by 1989, 629; A 1995, 845; 1997, 1674; 2003, 1338
; 2005, 2353 )
