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2019 Nevada Revised Statutes
Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property
GENERAL PROVISIONS
General Provisions
General Provisions
- NRS 40.001 - Definitions.
- NRS 40.002 - “Federal worker” defined.
- NRS 40.0025 - “Household member” defined.
- NRS 40.003 - “Qualified Indian tribe” defined.
- NRS 40.0035 - “Shutdown” defined.
- NRS 40.004 - “State worker” defined.
- NRS 40.0045 - “Tribal worker” defined.
- NRS 40.005 - Zoning requirements to be considered by court.
- 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 plaintiff’s 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.
- 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 40.180 - 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.
- NRS 40.215 - Definitions.
- NRS 40.220 - Entry to be made only when legal and in peaceable manner.
- NRS 40.230 - Forcible entry defined; recovery of possession following forcible entry; treble damages.
- NRS 40.240 - Forcible detainer defined; recovery of possession following forcible detainer; treble damages.
- 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 surrender; older person or person with a disability entitled to extension of period of possession upon request; federal worker, tribal worker, state worker or household member of such worker may request extension of period of possession.
- 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; recovery of possession following unlawful detainer.
- NRS 40.252 - Unlawful detainer: Contractual provisions void if contrary to specified periods of notice; notice to surrender by colessor is valid unless showing other colessors did not authorize notice.
- 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 40.2542 - Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant of commercial premises.
- NRS 40.2545 - Unlawful detainer: Sealing of eviction case court file under certain circumstances; notice to surrender must not be made available for public inspection.
- NRS 40.255 - Removal of person holding over after 3-day notice to surrender; circumstances authorizing removal; exception and additional notice required for occupying tenants and subtenants of property sold as residential foreclosure.
- 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 surrender; proof required before issuance of order to remove or writ of restitution.
- 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 plaintiff 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 40.412 - Housebreaking and unlawful occupancy: When owner may retake possession and change locks; notice required.
- NRS 40.414 - Forcible entry or forcible detainer: When owner or occupant may recover possession; notice required; response by unlawful or unauthorized occupant; complaint for eviction; actions by court; disposal of abandoned personal property.
- NRS 40.416 - Recovery of possession by occupant who has been locked out of dwelling: Filing of verified complaint for reentry; trial; issuance of writ of restitution if lockout was unjustified; appeal; failure to comply constitutes contempt.
- NRS 40.420 - Form of writ of restitution; execution.
- NRS 40.425 - Notice of execution on writ of restitution.
General Provisions
- NRS 40.426 - Definitions.
- NRS 40.427 - “Foreclosure sale” defined.
- NRS 40.428 - Mortgage or other lien” defined.
- NRS 40.429 - Sale in lieu of a foreclosure sale” defined.
- NRS 40.430 - Action for recovery of debt secured by mortgage or other lien; “action” defined.
- NRS 40.435 - Judicial proceedings in violation of NRS 40.430; provisions of NRS 40.430 as an affirmative defense.
- NRS 40.437 - Additional requirements for action affecting owner-occupied housing: Notice; form; election or waiver of mediation; rules concerning mediation; applicability.
- NRS 40.439 - Limitations on foreclosure sales involving certain members of military or dependents.
- NRS 40.4395 - Limitations on foreclosure sales involving shutdown.
- NRS 40.440 - Disposition of proceeds of foreclosure sale.
- NRS 40.450 - Proceedings when debt secured falls due at different times.
- 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; exceptions.
- NRS 40.457 - Hearing before award of deficiency judgment; appraisal of property sold.
- NRS 40.458 - Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust prohibited under certain circumstances.
- NRS 40.459 - Limitations on amount of money judgment.
- NRS 40.462 - Distribution of proceeds of foreclosure sale.
- NRS 40.463 - Agreement for assistance in recovering proceeds of foreclosure sale due to debtor or successor in interest; requirements for enforceable agreement; fee must be reasonable.
- NRS 40.4636 - Limitations on amount of money judgment.
- NRS 40.4638 - Circumstances under which action to enforce obligation is prohibited.
- NRS 40.4639 - Period of limitation on commencement of civil action.
- 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; limitation on amount of judgment; available defenses.
- 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.
- NRS 40.525 - Petition; notice; hearing and order; alternative method.
- NRS 40.535 - Affidavit or petition may be filed in probate proceeding.
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 40.607 - “Builder’s warranty” 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.
- NRS 40.640 - Liability of contractor.
- NRS 40.645 - Notice of defect: Required before commencement of or addition to certain actions; content; persons authorized to provide notice; exceptions.
- 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.
- NRS 40.647 - Claimant required to allow inspection of and reasonable opportunity to repair defect; claimant or claimant’s expert required to be present at inspection; 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 40.652 - Offer of judgment.
- 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.
- 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.
- 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.
- NRS 40.687 - 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.
- 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.
- 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 40.693 - Contractual provisions requiring subcontractor to indemnify controlling party; wrap-up insurance policies.
- NRS 40.695 - Tolling of statutes of limitation or repose; applicability.
- NRS 40.750 - Fraud against financial institution or other lender for purpose of obtaining loan secured by lien on real property. [Effective through December 31, 2019.]
- NRS 40.750 - Fraud against financial institution or other lender for purpose of obtaining loan secured by lien on real property. [Effective January 1, 2020.]
- NRS 40.770 - Limitation on liability of seller, seller’s agent and buyer’s agent for failure to disclose certain facts concerning property.
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