EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 40.253 is hereby amended to read as follows:

1-2 40.253 1. Except as otherwise provided in subsection [9,] 10, in

1-17 his agent personally delivers the notice to the tenant. If personal service

2-1 was not so delivered, the "day of service" means the day the notice is

2-2 delivered, after posting and mailing pursuant to subsection 2, to the sheriff

2-3 or constable for service if the request for service is made before noon. If

2-4 the request for service by the sheriff or constable is made after noon, the

2-5 "day of service" shall be deemed to be the day next following the day that

2-6 the request is made for service by the sheriff or constable.

2-7 2. A landlord or his agent who serves a notice to a tenant pursuant to

2-8 paragraph (b) of subsection 1 shall attempt to deliver the notice in person

2-9 in the manner set forth in paragraph (a) of subsection 1 of NRS 40.280. If

2-10 the notice cannot be delivered in person, the landlord or his agent:

2-11 (a) Shall post a copy of the notice in a conspicuous place on the

2-12 premises and mail the notice by overnight mail; and

2-13 (b) After the notice has been posted and mailed, may deliver the notice

2-14 to the sheriff or constable for service in the manner set forth in subsection

2-15 1 of NRS 40.280. The sheriff or constable shall not accept the notice for

2-16 service unless it is accompanied by written evidence, signed by the tenant

2-17 when he took possession of the premises, that the landlord or his agent

2-18 informed the tenant of the provisions of this section which set forth the

2-19 lawful procedures for eviction from a short-term tenancy. Upon

2-20 acceptance, the sheriff or constable shall serve the notice within 48 hours

2-21 after the request for service was made by the landlord or his agent.

2-22 3. A notice served pursuant to subsection 1 or 2 must:

2-23 (a) Identify the court that has jurisdiction over the matter; and

2-24 (b) Advise the tenant of his right to contest the matter by filing, within

2-25 the time specified in subsection 1 for the payment of the rent or surrender

2-26 of the premises, an affidavit with the court that has jurisdiction over the

2-27 matter stating that he has tendered payment or is not in default in the

2-28 payment of the rent.

2-29 4. If the tenant files such an affidavit at or before the time stated in the

2-30 notice, the landlord or his agent, after receipt of a file-stamped copy of the

2-31 affidavit which was filed, shall not provide for the nonadmittance of the

2-32 tenant to the premises by locking or otherwise.

2-33 5. Upon noncompliance with the notice:

2-34 (a) The landlord or his agent may apply by affidavit of complaint for

2-35 eviction to the justice’s court of the township in which the dwelling,

2-36 apartment, mobile home or commercial premises are located or to the

2-37 district court of the county in which the dwelling, apartment, mobile home

2-38 or commercial premises are located, whichever has jurisdiction over the

2-39 matter. The court may thereupon issue an order directing the sheriff or

2-40 constable of the county to remove the tenant within 24 hours after receipt

2-41 of the order. The affidavit must state or contain:

2-42 (1) The date the tenancy commenced.

2-43 (2) The amount of periodic rent reserved.

3-1 (3) The amounts of any cleaning, security or rent deposits paid in

3-2 advance, in excess of the first month’s rent, by the tenant.

3-3 (4) The date the rental payments became delinquent.

3-4 (5) The length of time the tenant has remained in possession without

3-5 paying rent.

3-6 (6) The amount of rent claimed due and delinquent.

3-7 (7) A statement that the written notice was served on the tenant in

3-8 accordance with NRS 40.280.

3-9 (8) A copy of the written notice served on the tenant.

3-10 (9) A copy of the signed written rental agreement, if any.

3-11 (b) Except when the tenant has timely filed the affidavit described in

3-12 subsection 3 and a file-stamped copy of it has been received by the

3-13 landlord or his agent, and except when the landlord is prohibited pursuant

3-14 to NRS 118A.480, the landlord or his agent may, in a peaceable manner,

3-15 provide for the nonadmittance of the tenant to the premises by locking or

3-16 otherwise.

3-17 6. Upon the filing by the tenant of the affidavit permitted in subsection

3-18 3, regardless of the information contained in the affidavit, and the filing by

3-19 the landlord of the affidavit permitted by subsection 5, the justice’s court

3-20 or the district court shall hold a hearing, after service of notice of the

3-21 hearing upon the parties, to determine the truthfulness and sufficiency of

3-22 any affidavit or notice provided for in this section. If the court determines

3-23 that there is no legal defense as to the alleged unlawful detainer and the

3-24 tenant is guilty of an unlawful detainer, the court may issue a summary

3-25 order for removal of the tenant or an order providing for the nonadmittance

3-26 of the tenant. If the court determines that there is a legal defense as to the

3-27 alleged unlawful detainer, the court shall refuse to grant either party any

3-28 relief, and, except as otherwise provided in this subsection, shall require

3-29 that any further proceedings be conducted pursuant to NRS 40.290 to

3-30 40.420, inclusive. The issuance of a summary order for removal of the

3-31 tenant does not preclude an action by the tenant for any damages or other

3-32 relief to which he may be entitled. If the alleged unlawful detainer was

3-33 based upon subsection 5 of NRS 40.2514, the refusal by the court to grant

3-34 relief does not preclude the landlord thereafter from pursuing an action for

3-35 unlawful detainer in accordance with NRS 40.251.

3-36 7. The tenant may, upon payment of the appropriate fees relating to

3-37 the filing and service of a motion, file a motion with the court, on a form

3-38 provided by the clerk of the court, to dispute the amount of the costs, if

3-39 any, claimed by the landlord pursuant to NRS 118A.460 for the inventory,

3-40 moving and storage of personal property left on the premises. The motion

3-41 must be filed within 20 days after the summary order for removal of the

3-42 tenant or the abandonment of the premises by the tenant, or within 20 days

3-43 after:

4-1 (a) The tenant has vacated or been removed from the premises; and

4-2 (b) A copy of those charges has been requested by or provided to the

4-3 tenant,

4-4 whichever is later.

4-5 8. Upon the filing of a motion pursuant to subsection 7, the court shall

4-6 schedule a hearing on the motion. The hearing must be held within 10 days

4-7 after the filing of the motion. The court shall affix the date of the hearing

4-8 to the motion and order a copy served upon the landlord by the sheriff,

4-9 constable or other process server. At the hearing, the court may:

4-10 (a) Determine the costs, if any, claimed by the landlord pursuant to

4-11 NRS 118A.460, and any accumulating daily costs; and

4-12 (b) Order the release of the tenant’s property upon the payment of the

4-13 charges determined to be due or if no charges are determined to be due.

4-14 9. A landlord shall not refuse to accept rent from a tenant that is

4-15 submitted after the landlord or his agent has served or had served a

4-16 notice pursuant to subsection 1 if the refusal is based on the fact that the

4-17 tenant has not paid collection fees, attorney’s fees or other costs other

4-18 than rent, a reasonable charge for late payments of rent or dishonored

4-19 checks, or a security. As used in this subsection, "security" has the

4-20 meaning ascribed to it in NRS 118A.240.

4-21 10. This section does not apply to the tenant of a mobile home lot in a

4-22 mobile home park or to the tenant of a recreational vehicle lot in an area of

4-23 a mobile home park in this state other than an area designated as a

4-24 recreational vehicle lot pursuant to the provisions of subsection 6 of NRS

4-25 40.215.

4-26 Sec. 2. NRS 118A.150 is hereby amended to read as follows:

4-27 118A.150 "Rent" means all periodic payments to be made to the