(Reprinted with amendments adopted on February 24, 2003)

 

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:

1-14      (a) Whether the landlord acted in good faith;

2-1  (b) The course of conduct between the landlord and the tenant;

2-2  and

2-3  (c) The degree of harm to the tenant caused by the landlord’s

2-4  conduct.

2-5  3.  If the rental agreement is terminated[,] pursuant to

2-6  subsection 1, the landlord shall return all prepaid rent and security

2-7  recoverable under this chapter.

2-8  4.  Except as otherwise provided in subsection 5, the tenant

2-9  may recover immediate possession of the premises from the

2-10  landlord by filing a verified complaint for expedited relief for the

2-11  unlawful removal or exclusion of the tenant from the premises or

2-12  the willful interruption of essential services.

2-13      5.  A verified complaint for expedited relief:

2-14      (a) Must be filed with the court within 5 judicial days after the

2-15  date of the unlawful act by the landlord, and the verified

2-16  complaint must be dismissed if it is not timely filed. If the verified

2-17  complaint for expedited relief is dismissed pursuant to this

2-18  paragraph, the tenant retains the right to pursue all other

2-19  available remedies against the landlord.

2-20      (b) May not be filed with the court if an action for summary

2-21  eviction or unlawful detainer is already pending between the

2-22  landlord and tenant, but the tenant may seek similar relief before

2-23  the judge presiding over the pending action.

2-24      6.  The court shall conduct a hearing on the verified

2-25  complaint for expedited relief within 3 judicial days after the filing

2-26  of the verified complaint for expedited relief. Before or at the

2-27  scheduled hearing, the tenant must provide proof that the landlord

2-28  has been properly served with a copy of the verified complaint for

2-29  expedited relief. Upon the hearing, if it is determined that the

2-30  landlord has violated any of the provisions of subsection 1, the

2-31  court may:

2-32      (a) Order the landlord to restore to the tenant the premises or

2-33  essential services, or both;

2-34      (b) Award damages pursuant to subsection 1; and

2-35      (c) Enjoin the landlord from violating the provisions of

2-36  subsection 1 and, if the circumstances so warrant, hold the

2-37  landlord in contempt of court.

2-38      7.  The payment of all costs and official fees must be deferred

2-39  for any tenant who files a verified complaint for expedited relief.

2-40  After any hearing and not later than final disposition of the filing

2-41  or order, the court shall assess the costs and fees against the party

2-42  that does not prevail, except that the court may reduce them or

2-43  waive them, as justice may require.

 

2-44  H