CHAPTER........

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

1. service unless it is accompanied by written evidence, signed by the tenant
2. when he took possession of the premises, that the landlord or his agent

1. informed the tenant of the provisions of this section which set forth the

1. lawful procedures for eviction from a short-term tenancy. Upon acceptance,

1. the sheriff or constable shall serve the notice within 48 hours after the

1. request for service was made by the landlord or his agent.

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

1. (a) Identify the court that has jurisdiction over the matter; and

1. (b) Advise the tenant of his right to contest the matter by filing, within

1. the time specified in subsection 1 for the payment of the rent or surrender

1. of the premises, an affidavit with the court that has jurisdiction over the

1. matter stating that he has tendered payment or is not in default in the

1. payment of the rent.

1. 4. If the tenant files such an affidavit at or before the time stated in the

1. notice, the landlord or his agent, after receipt of a file-stamped copy of the

1. affidavit which was filed, shall not provide for the nonadmittance of the

1. tenant to the premises by locking or otherwise.

1. 5. Upon noncompliance with the notice:

1. (a) The landlord or his agent may apply by affidavit of complaint for

1. eviction to the justice’s court of the township in which the dwelling,

1. apartment, mobile home or commercial premises are located or to the

1. district court of the county in which the dwelling, apartment, mobile home

1. or commercial premises are located, whichever has jurisdiction over the

1. matter. The court may thereupon issue an order directing the sheriff or

1. constable of the county to remove the tenant within 24 hours after receipt of

1. the order. The affidavit must state or contain:

1. (1) The date the tenancy commenced.

1. (2) The amount of periodic rent reserved.

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

1. advance, in excess of the first month’s rent, by the tenant.

1. (4) The date the rental payments became delinquent.

1. (5) The length of time the tenant has remained in possession without

1. paying rent.

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

1. (7) A statement that the written notice was served on the tenant in

1. accordance with NRS 40.280.

1. (8) A copy of the written notice served on the tenant.

1. (9) A copy of the signed written rental agreement, if any.

1. (b) Except when the tenant has timely filed the affidavit described in

1. subsection 3 and a file-stamped copy of it has been received by the landlord

1. or his agent, and except when the landlord is prohibited pursuant to NRS

1. 118A.480, the landlord or his agent may, in a peaceable manner, provide

1. for the nonadmittance of the tenant to the premises by locking or otherwise.

1. 6. Upon the filing by the tenant of the affidavit permitted in subsection

1. 3, regardless of the information contained in the affidavit, and the filing by

1. the landlord of the affidavit permitted by subsection 5, the justice’s court or

1. the district court shall hold a hearing, after service of notice of the hearing
2. upon the parties, to determine the truthfulness and sufficiency of any

1. affidavit or notice provided for in this section. If the court determines that

1. there is no legal defense as to the alleged unlawful detainer and the tenant

1. is guilty of an unlawful detainer, the court may issue a summary order for

1. removal of the tenant or an order providing for the nonadmittance of the

1. tenant. If the court determines that there is a legal defense as to the alleged

1. unlawful detainer, the court shall refuse to grant either party any relief, and,

1. except as otherwise provided in this subsection, shall require that any

1. further proceedings be conducted pursuant to NRS 40.290 to 40.420,

1. inclusive. The issuance of a summary order for removal of the tenant does

1. not preclude an action by the tenant for any damages or other relief to

1. which he may be entitled. If the alleged unlawful detainer was based upon

1. subsection 5 of NRS 40.2514, the refusal by the court to grant relief does

1. not preclude the landlord thereafter from pursuing an action for unlawful

1. detainer in accordance with NRS 40.251.

1. 7. The tenant may, upon payment of the appropriate fees relating to the

1. filing and service of a motion, file a motion with the court, on a form

1. provided by the clerk of the court, to dispute the amount of the costs, if any,

1. claimed by the landlord pursuant to NRS 118A.460 for the inventory,

1. moving and storage of personal property left on the premises. The motion

1. must be filed within 20 days after the summary order for removal of the

1. tenant or the abandonment of the premises by the tenant, or within 20 days

1. after:

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

1. (b) A copy of those charges has been requested by or provided to the

1. tenant,

1. whichever is later.

1. 8. Upon the filing of a motion pursuant to subsection 7, the court shall

1. schedule a hearing on the motion. The hearing must be held within 10 days

1. after the filing of the motion. The court shall affix the date of the hearing to

1. the motion and order a copy served upon the landlord by the sheriff,

1. constable or other process server. At the hearing, the court may:

1. (a) Determine the costs, if any, claimed by the landlord pursuant to NRS

1. 118A.460, and any accumulating daily costs; and

1. (b) Order the release of the tenant’s property upon the payment of the

1. charges determined to be due or if no charges are determined to be due.

1. mobile home park or to the tenant of a recreational vehicle lot in an area of
2. a mobile home park in this state other than an area designated as a

1. recreational vehicle lot pursuant to the provisions of subsection 6 of NRS

1. 40.215.

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