US Laws, Codes, Statutes & Cases

CHAPTER 40 - ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PROPERTY

GENERAL PROVISIONS

NRS 40.005              Zoning requirements to be considered by court.

ACTIONS TO DETERMINE CONFLICTING CLAIMS TO REAL PROPERTY

NRS 40.010              Actions may be brought against adverse claimants.

NRS 40.020              Plaintiff not entitled to costs on default judgment or disclaimer.

NRS 40.030              Plaintiff may recover damages for property withheld where his right terminated during pendency of action.

NRS 40.040              Value of permanent improvements to be allowed as setoff.

NRS 40.050              Mortgage not deemed conveyance.

NRS 40.060              Court may enjoin injury to property during foreclosure.

NRS 40.070              Damages may be recovered for injury to possession after sale and before delivery.

NRS 40.080              Action not to be prejudiced by alienation pending suit.

NRS 40.090              Action by person in adverse possession: Verified complaint; defendants; notice of pending litigation.

NRS 40.100              Action by person in adverse possession: Issuance, service and posting of summons; rights of unknown persons.

NRS 40.110              Court to hear case; must not enter judgment by default; effect of final judgment.

NRS 40.120              Remedy is cumulative.

NRS 40.130              Adverse action on mining claim.

ACTIONS FOR NUISANCE, WASTE AND WILLFUL TRESPASS ON REAL PROPERTY

NRS 40.140              Nuisance defined; action for abatement and damages; exceptions.

NRS 40.150              Action for waste; judgment may be for treble damages.

NRS 40.160              Action for trespass for cutting or carrying away trees or wood; treble damages.

NRS 40.170              Damages in actions for forcible or unlawful entry may be trebled.

NRS 40.180              Manner of working mine or mining claim; assessment of damages.

NRS 40.190              Continuation of judgment lien.

NRS 40.200              Application for order of survey; notice and order; report of survey; costs of and damages caused by survey.

NRS 40.210              Order allowing party to survey and measure land in dispute; contents and service of order; liability for unnecessary injury.

SUMMARY PROCEEDINGS FOR OBTAINING POSSESSION OF REAL PROPERTY, RECREATIONAL VEHICLE OR MOBILE HOME

NRS 40.215              Definitions.

NRS 40.220              Entry to be made only when legal and in peaceable manner.

NRS 40.230              Forcible entry defined.

NRS 40.240              Forcible detainer defined.

NRS 40.250              Unlawful detainer: Possession after expiration of term.

NRS 40.251              Unlawful detainer: Possession of property leased for indefinite time after notice to quit; older or disabled person entitled to extension of period of possession upon request.

NRS 40.2512            Unlawful detainer: Possession after default in payment of rent.

NRS 40.2514            Unlawful detainer: Assignment or subletting contrary to lease; waste; unlawful business; nuisance; violations of controlled substances laws.

NRS 40.2516            Unlawful detainer: Possession after failure to perform conditions of lease; saving lease from forfeiture.

NRS 40.252              Unlawful detainer: Contractual provisions void if contrary to specified periods of notice; notice to quit or surrender by colessor is valid unless showing other colessors did not authorize notice.

NRS 40.253              Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent.

NRS 40.254              Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property.

NRS 40.255              Removal of person holding over after 3-day notice to quit; circumstances authorizing removal.

NRS 40.260              Tenant of agricultural lands may hold over if not notified.

NRS 40.270              Tenant has similar remedies against subtenant.

NRS 40.280              Service of notices to quit; proof required before issuance of order to remove.

NRS 40.290              Parties defendant; persons bound by judgment.

NRS 40.300              Contents of complaint; issuance and service of summons; temporary writ of restitution; notice, hearing and bond.

NRS 40.310              Issue of fact to be tried by jury if proper demand made.

NRS 40.320              Proof required of plaintiff and defendant on trial.

NRS 40.330              Amendment of complaint to conform to proof; continuance.

NRS 40.340              Adjournments.

NRS 40.350              Trial not to be adjourned when complainant admits evidence in affidavit would be given.

NRS 40.360              Judgment; damages; execution and enforcement.

NRS 40.370              Verification of complaint and answer.

NRS 40.380              Provisions governing appeals.

NRS 40.385              Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay.

NRS 40.390              Appellate court not to dismiss or quash proceedings for want of form.

NRS 40.400              Rules of practice.

NRS 40.420              Form of writ of restitution; execution.

NRS 40.425              Notice of execution on writ of restitution.

ACTIONS FOR FORECLOSURE OF REAL MORTGAGES

NRS 40.430              Action for recovery of debt secured by mortgage or other lien; “action” defined.

NRS 40.433              “Mortgage or other lien” defined.

NRS 40.435              Judicial proceedings in violation of NRS 40.430; provisions of NRS 40.430 as an affirmative defense.

NRS 40.440              Disposition of surplus money.

NRS 40.450              Proceedings when debt secured falls due at different times.

FORECLOSURE SALES AND DEFICIENCY JUDGMENTS

NRS 40.451              “Indebtedness” defined.

NRS 40.453              Waiver of rights in documents relating to sale of real property against public policy and unenforceable; exception.

NRS 40.455              Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust.

NRS 40.457              Hearing before award of deficiency judgment; appraisal of property sold.

NRS 40.459              Limitations on amount of money judgment.

NRS 40.462              Distribution of proceeds of foreclosure sale.

RIGHTS OF GUARANTOR, SURETY OR OBLIGOR IN REAL PROPERTY

NRS 40.465              “Indebtedness” defined.

NRS 40.475              Remedy against mortgagor or grantor; assignment of creditor’s rights to guarantor, surety or obligor.

NRS 40.485              Interest in proceeds of secured indebtedness upon partial satisfaction of indebtedness.

NRS 40.495              Waiver of rights; separate action to enforce obligation; available defenses.

ENVIRONMENTAL IMPAIRMENT OF REAL COLLATERAL OF SECURED LENDER

NRS 40.501              Definitions.

NRS 40.502              “Environmental provision” defined.

NRS 40.503              “Environmentally impaired” defined.

NRS 40.504              “Hazardous substance” defined.

NRS 40.505              “Release” defined.

NRS 40.506              “Secured lender” defined.

NRS 40.507              Right of entry and inspection of real collateral.

NRS 40.508              Action by secured lender concerning environmental provision.

NRS 40.509              Limitation on amount of damages recoverable in action concerning environmental provision; recovery of interest.

NRS 40.511              Exceptions to applicability of NRS 40.507 and 40.508.

NRS 40.512              Environmental impairment of real collateral: Waiver of lien; notice of waiver; exception; recording of waiver.

PROCEEDINGS TO ESTABLISH TERMINATION OF LIFE ESTATES

NRS 40.515              Petition, notice, hearing and order.

METHODS OF TERMINATION OF INTERESTS OF DECEASED PERSONS IN PROPERTY

NRS 40.525              Petition; notice; hearing and order; alternative method.

NRS 40.535              Affidavit or petition may be filed in probate proceeding.

ACTIONS RESULTING FROM CONSTRUCTIONAL DEFECT

General Provisions

NRS 40.600              Definitions.

NRS 40.603              “Amend a complaint to add a cause of action for a constructional defect” defined.

NRS 40.605              “Appurtenance” defined.

NRS 40.610              “Claimant” defined.

NRS 40.615              “Constructional defect” defined.

NRS 40.620              “Contractor” defined.

NRS 40.623              “Design professional” defined.

NRS 40.625              “Homeowner’s warranty” defined.

NRS 40.630              “Residence” defined.

NRS 40.632              “Subcontractor” defined.

NRS 40.634              “Supplier” defined.

NRS 40.635              Applicability; effect on other defenses.

 

Conditions and Limitations on Actions

NRS 40.640              Liability of contractor.

NRS 40.645              Notice of defect: Required before commencement of or addition to certain actions; content; reliance on expert opinion based on representative sample; notice regarding similarly situated owners; persons authorized to provide notice; exceptions.

NRS 40.6452            Common constructional defects within single development: Response to notice of defect by contractor; disclosure to unnamed owners; effect of contractor failing to provide disclosure to unnamed owners.

NRS 40.646              Notice of defect to be forwarded by contractor to subcontractor, supplier or design professional; effect of failure to forward notice; inspection of alleged defect; election to repair.

NRS 40.6462            Access to residence or appurtenance with alleged defect after notice of defect is given; effect on owners who did not provide notice.

NRS 40.647              Claimant required to allow inspection of and reasonable opportunity to repair defect; effect of noncompliance.

NRS 40.6472            Response to notice of defect: Time for sending; content; effect of election to repair or not to repair.

NRS 40.648              Election to repair defect: Who may repair; manner for performing repairs; deadline for repair; extension of deadline; written statement of repairs performed.

NRS 40.649              Notice of defect may be presented to insurer; duties of insurer.

NRS 40.650              Effect of rejecting reasonable offer of settlement; effect of failing to take certain actions concerning defect; effect of coverage available under homeowner’s warranty.

NRS 40.655              Limitation on recovery.

NRS 40.660              Nonacceptance of offer of settlement deemed rejection.

NRS 40.665              Settlement by repurchase; certain offers of settlement deemed reasonable.

NRS 40.667              Effect of written waiver or settlement agreement when contractor fails to correct or repair defect properly; conditions to bringing action; effect of failure to prevail in action.

NRS 40.668              Action against subdivider or master developer for defect in appurtenance in planned unit development: Conditions and limitations; tolling of statutes of limitation or repose; applicability.

 

Repairs

NRS 40.670              Defect which creates imminent threat to health or safety: Duty to cure; effect of failure to cure; exceptions.

NRS 40.672              Defect in new residence: Duty to repair; deadline for repair; extensions; disciplinary action for failure to comply.

NRS 40.675              Inspection of repairs.

 

Special Procedures

NRS 40.680              Mediation of certain claims required before action commenced or complaint amended; procedure; appointment of special master; effect of failure to mediate in good faith.

NRS 40.681              Premediation discovery.

NRS 40.684              Duties of insurer with respect to settlement conference.

 

Disclosures

NRS 40.687              Disclosure of information concerning warranties after action is commenced; disclosure of information concerning insurance agreements; compelled production of information.

NRS 40.688              Disclosure of defects by claimant to prospective purchaser of residence required; timing and contents of disclosure; duty of attorney to inform claimant of disclosure requirement.

 

Additional Requirement for Actions Against Design Professionals

NRS 40.6882            “Complainant” defined.

NRS 40.6884            Attorney required to consult expert; required affidavit of attorney; required report of expert.

NRS 40.6885            Effect of compliance with or failure to comply with NRS 40.6884.

 

Miscellaneous Provisions

NRS 40.6887            Submission of questions or disputes concerning defects to State Contractors’ Board; regulations.

NRS 40.689              Preference given to action; action may be assigned to senior judge; assessment of additional expenses.

NRS 40.690              Limitation on bringing claim against governmental entity during period for resolution; effect of settlement; contractor or claimant may require party to appear and participate.

NRS 40.692              Notice not required to be given to intervener in action.

NRS 40.695              Tolling of statutes of limitation or repose; applicability.

MISCELLANEOUS PROVISIONS

NRS 40.750              Fraud against financial institution for purpose of obtaining loan secured by lien on real property.

NRS 40.760              Summary eviction of person using facility for storage as residence.

NRS 40.770              Limitation on liability of seller, seller’s agent and buyer’s agent for failure to disclose certain facts concerning property.

_________

GENERAL PROVISIONS

      NRS 40.005  Zoning requirements to be considered by court.  In any proceeding involving disposition of land the court shall consider lot size and other applicable zoning requirements before ordering a physical division of the land.

      (Added to NRS by 1977, 1512)

ACTIONS TO DETERMINE CONFLICTING CLAIMS TO REAL PROPERTY

      NRS 40.010  Actions may be brought against adverse claimants.  An action may be brought by any person against another who claims an estate or interest in real property, adverse to him, for the purpose of determining such adverse claim.

      [1911 CPA § 572; RL § 5514; NCL § 9061]

      NRS 40.020  Plaintiff not entitled to costs on default judgment or disclaimer.  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]

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

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

      NRS 40.050  Mortgage not deemed conveyance.  A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to take possession of the real property without a foreclosure and sale.

      [1911 CPA § 576; RL § 5518; NCL § 9065]

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

      [1911 CPA § 577; RL § 5519; NCL § 9066]

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

      NRS 40.080  Action not to be prejudiced by alienation pending suit.  An action for the recovery of real property against a person in possession cannot be prejudiced by an alienation made by such person, either before or after the commencement of the action.

      [1911 CPA § 579; RL § 5521; NCL § 9068]

      NRS 40.090  Action by person in adverse possession: Verified complaint; defendants; notice of pending litigation.

      1.  An action may be brought to determine the adverse claims to and clouds upon title to real property by a person who, 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)

      NRS 40.100  Action by person in adverse possession: Issuance, service and posting of summons; rights of unknown persons.

      1.  Within 1 year after the filing of the complaint, as required by NRS 40.090, a summons must be issued in the manner and form prescribed in the Nevada Rules of 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]

      NRS 40.110  Court to hear case; must not enter judgment by default; effect of final judgment.

      1.  When the summons has been served as provided in NRS 40.100 and the time for answering has expired, the court shall proceed to hear the case as in other cases and shall have 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]

      NRS 40.120  Remedy is cumulative.  The remedy provided in NRS 40.090, 40.100 and 40.110 shall be construed as cumulative and not exclusive of any other remedy, form or right of action or proceeding now allowed by law.

      [1911 CPA § 583; RL § 5525; NCL § 9072]

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

      NRS 40.140  Nuisance defined; action for abatement and damages; exceptions.

      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)

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

      [1911 CPA § 563; RL § 5505; NCL § 9052]

      NRS 40.160  Action for trespass for cutting or carrying away trees or wood; treble damages.

      1.  Any person who cuts down or carries off any wood or underwood, tree or timber, or girdles or otherwise injures any tree or timber on the land of another person, or on the street or 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)

      NRS 40.170  Damages in actions for forcible or unlawful entry may be trebled.  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)

      NRS 40.180  Manner of working mine or mining claim; assessment of damages.

      1.  Any person being the owner of, or in possession under any lease or contract for the working of any mine or mines within this state, shall have the right to institute and maintain an action for the 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]

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

      NRS 40.200  Application for order of survey; notice and order; report of survey; costs of and damages caused by survey.

      1.  Any person named in NRS 40.180 and 40.190 shall have the right to apply for and obtain from any district court, or the judge thereof, an order of survey in 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]

      NRS 40.210  Order allowing party to survey and measure land in dispute; contents and service of order; liability for unnecessary injury.

      1.  The court in which an action is pending for the recovery of real property or for damages for an injury thereto, or a judge thereof, may, on 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

      NRS 40.215  Definitions.  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)

      NRS 40.220  Entry to be made only when legal and in peaceable manner.  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]

      NRS 40.230  Forcible entry defined.  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]

      NRS 40.240  Forcible detainer defined.  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]

      NRS 40.250  Unlawful detainer: Possession after expiration of term.  A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when 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)

      NRS 40.251  Unlawful detainer: Possession of property leased for indefinite time after notice to quit; older or disabled person entitled to extension of period of possession upon request.

      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)

      NRS 40.2512  Unlawful detainer: Possession after default in payment of rent.  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)

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

      NRS 40.2516  Unlawful detainer: Possession after failure to perform conditions of lease; saving lease from forfeiture.  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)

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

      1.  It is 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)

      NRS 40.253  Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent.

      1.  Except as otherwise provided in subsection 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)

      NRS 40.254  Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property.  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)

      NRS 40.255  Removal of person holding over after 3-day notice to quit; circumstances authorizing removal.

      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)

      NRS 40.260  Tenant of agricultural lands may hold over if not notified.  In all cases of tenancy upon agricultural land where the tenant has held over and retained possession for more than 60 days after the expiration of 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]

      NRS 40.270  Tenant has similar remedies against subtenant.  A tenant may take proceedings similar to those prescribed in this chapter, to obtain possession of the premises let to any under tenant, in case of his unlawful detention of the premises underlet to him.

      [1911 CPA § 648; RL § 5590; NCL § 9137]

      NRS 40.280  Service of notices to quit; proof required before issuance of order to remove.

      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)

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

      NRS 40.300  Contents of complaint; issuance and service of summons; temporary writ of restitution; notice, hearing and bond.

      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]

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

      [1911 CPA § 652; RL § 5594; NCL § 9141]—(NRS A 1975, 1203)

      NRS 40.320  Proof required of plaintiff and defendant on trial.

      1.  On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that 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]

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

      NRS 40.340  Adjournments.  The court or justice of the peace may for good cause shown adjourn the trial of any cause under NRS 40.220 to 40.420, inclusive, not exceeding 5 days; and when the defendant, 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]

      NRS 40.350  Trial not to be adjourned when complainant admits evidence in affidavit would be given.  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]

      NRS 40.360  Judgment; damages; execution and enforcement.

      1.  Judgment.  If, upon the trial, the verdict of the jury, or, if the case be tried without a jury, the finding of the court, be in favor of the plaintiff and against the defendant, judgment shall be entered for the 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]

      NRS 40.370  Verification of complaint and answer.  The complaint and answer must be verified.

      [1911 CPA § 658; RL § 5600; NCL § 9147]

      NRS 40.380  Provisions governing appeals.  Either party may, within 10 days, appeal from the judgment rendered. But an appeal by the defendant shall not stay the execution of the judgment, unless, within the 10 days, 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]

      NRS 40.385  Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay.  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)

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

      NRS 40.400  Rules of practice.  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]

      NRS 40.420  Form of writ of restitution; execution.

      1.  The writ of restitution issued by a justice of the peace must be substantially in the following form:

 

The State of Nevada to the sheriff or constable of the county of ................, greeting: Whereas, A.B., of the county of ................, 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)

      NRS 40.425  Notice of execution on writ of restitution.

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

      NRS 40.430  Action for recovery of debt secured by mortgage or other lien; “action” defined.

      1.  Except in cases where a person proceeds under subsection 2 of NRS 40.495 or subsection 1 of NRS 40.512, 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)

      NRS 40.433  “Mortgage or other lien” defined.  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)

      NRS 40.435  Judicial proceedings in violation of NRS 40.430; provisions of NRS 40.430 as an affirmative defense.

      1.  The commencement of or participation in a judicial proceeding in violation of NRS 40.430 does not forfeit any of the rights of a secured creditor in any real or 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)

      NRS 40.440  Disposition of surplus money.  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)

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

      NRS 40.451  “Indebtedness” defined.  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)

      NRS 40.453  Waiver of rights in documents relating to sale of real property against public policy and unenforceable; exception.  Except as otherwise provided in NRS 40.495:

      1.  It is hereby declared by the Legislature to be against public policy for any document relating to the sale 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)

      NRS 40.455  Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust.

      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)

      NRS 40.457  Hearing before award of deficiency judgment; appraisal of property sold.

      1.  Before awarding a deficiency judgment under NRS 40.455, the court shall hold a hearing and shall take evidence presented by either party concerning the fair market value of the property sold as 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)

      NRS 40.459  Limitations on amount of money judgment.  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)

      NRS 40.462  Distribution of proceeds of foreclosure sale.

      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 an