Senate Bill No. 128–Committee on Judiciary

 

(On Behalf of the Nevada Judges Association)

 

February 13, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Allows tenant to recover immediate possession of premises from landlord under certain circumstances. (BDR 10‑416)

 

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; allowing a tenant to recover immediate possession of the premises from a landlord 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 118A.390 is hereby amended to read as

1-2  follows:

1-3  118A.390  1.  If the landlord unlawfully removes the tenant

1-4  from the premises or excludes the tenant by blocking or attempting

1-5  to block his entry upon the premises or willfully interrupts or causes

1-6  or permits the interruption of any essential service required by the

1-7  rental agreement or this chapter, the tenant may recover immediate

1-8  possession[,] pursuant to subsection 4, proceed under NRS

1-9  118A.380 or terminate the rental agreement and, in addition to any

1-10  other remedy, recover his actual damages, receive an amount not

1-11  greater than $1,000 to be fixed by the court, or both.

1-12      2.  In determining the amount, if any, to be awarded under

1-13  subsection 1, the court shall consider:

 

 

2-1  (a) Whether the landlord acted in good faith;

2-2  (b) The course of conduct between the landlord and the tenant;

2-3  and

2-4  (c) The degree of harm to the tenant caused by the landlord’s

2-5  conduct.

2-6  3.  If the rental agreement is terminated[,] pursuant to

2-7  subsection 1, the landlord shall return all prepaid rent and security

2-8  recoverable under this chapter.

2-9  4.  Except as otherwise provided in subsection 5, the tenant

2-10  may recover immediate possession of the premises from the

2-11  landlord by filing a verified complaint for expedited relief for the

2-12  unlawful removal or exclusion of the tenant from the premises or

2-13  the willful interruption of essential services.

2-14      5.  A verified complaint for expedited relief:

2-15      (a) Must be filed with the court within 2 weeks after the date of

2-16  the unlawful act by the landlord, and the verified complaint must

2-17  be dismissed if it is not timely filed. If the verified complaint for

2-18  expedited relief is dismissed pursuant to this paragraph, the tenant

2-19  retains the right to pursue all other available remedies against the

2-20  landlord.

2-21      (b) May not be filed with the court if an action for summary

2-22  eviction or unlawful detainer is already pending between the

2-23  landlord and tenant, but the tenant may seek similar relief before

2-24  the judge presiding over the pending action.

2-25      6.  The court shall conduct a hearing on the verified

2-26  complaint for expedited relief within 3 judicial days after the filing

2-27  of the verified complaint for expedited relief. Before or at the

2-28  scheduled hearing, the tenant must provide proof that the landlord

2-29  has been properly served with a copy of the verified complaint for

2-30  expedited relief. Upon the hearing, if it is determined that the

2-31  landlord has violated any of the provisions of subsection 1, the

2-32  court may:

2-33      (a) Order the landlord to restore to the tenant the premises or

2-34  essential services, or both;

2-35      (b) Award damages pursuant to subsection 1;

2-36      (c) Award attorney’s fees in an amount not to exceed $500;

2-37  and

2-38      (d) Enjoin the landlord from violating the provisions of

2-39  subsection 1 and, if the circumstances so warrant, hold the

2-40  landlord in contempt of court.

2-41      7.  The payment of all costs and official fees must be deferred

2-42  for any tenant who files a verified complaint for expedited relief.

2-43  After any hearing and not later than final disposition of the filing

2-44  or order, the court shall assess the costs and fees against the

3-1  adverse party, except that the court may reduce them or waive

3-2  them, as justice may require.

 

3-3  H