Assembly Bill No. 274–Assemblyman Goldwater

 

March 11, 2003

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Referred to Committee on Judiciary

 

SUMMARY—Increases length of notice before persons 55 years of age or older may be evicted from certain periodic tenancies under certain circumstances. (BDR 3‑1128)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to property; increasing the length of notice before persons 55 years of age or older may be evicted from certain periodic tenancies under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 40.251 is hereby amended to read as follows:

1-2  40.251  A tenant of real property, a recreational vehicle or a

1-3  mobile home for a term less than life is guilty of an unlawful

1-4  detainer when having leased:

1-5  1.  Real property, except as otherwise provided in this section,

1-6  or a mobile home for an indefinite time, with monthly or other

1-7  periodic rent reserved, he continues in possession thereof, in person

1-8  or by subtenant, without the landlord’s consent after the expiration

1-9  of a notice of:

1-10      (a) For tenancies from week to week, at least 7 days;

1-11      (b) For all other periodic tenancies where the tenant is 55

1-12  years or older, at least 60 days, and for all other periodic tenancies,

1-13  at least 30 days; or

1-14      (c) For tenancies at will, at least 5 days.

2-1  2.  A dwelling unit subject to the provisions of chapter 118A of

2-2  NRS, he continues in possession, in person or by subtenant, without

2-3  the landlord’s consent after expiration of:

2-4  (a) The term of the rental agreement or its termination and,

2-5  except as otherwise provided in paragraph (b), the expiration of a

2-6  notice of at least 7 days for tenancies from week to week [and] , 60

2-7  days for all other periodic tenancies where the tenant is 55 years

2-8  of age or older and 30 days for all other periodic tenancies; or

2-9  (b) A notice of at least 5 days where the tenant has failed to

2-10  perform his basic or contractual obligations under chapter 118A of

2-11  NRS.

2-12      3.  A mobile home lot subject to the provisions of chapter 118B

2-13  of NRS, or a lot for a recreational vehicle in an area of a mobile

2-14  home park other than an area designated as a recreational vehicle lot

2-15  pursuant to the provisions of subsection 6 of NRS 40.215, he

2-16  continues in possession, in person or by subtenant, without the

2-17  landlord’s consent, after notice has been given pursuant to NRS

2-18  118B.115, 118B.170 or 118B.190 and the period of the notice has

2-19  expired.

2-20      4.  A recreational vehicle lot, he continues in possession, in

2-21  person or by subtenant, without the landlord’s consent, after the

2-22  expiration of a notice of at least 5 days.

2-23      Sec. 2.  This act becomes effective on July 1, 2003.

 

2-24  H