NRS 118A.390
Unlawful removal or exclusion of tenant or willful interruption of essential items or services

  • procedure for expedited relief.

1.

If the landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenant’s entry upon the premises, willfully interrupts or causes or permits the interruption of any essential item or service required by the rental agreement or this chapter or otherwise recovers possession of the dwelling unit in violation of NRS 118A.480, the tenant may recover immediate possession pursuant to subsection 4, proceed under NRS 118A.380 or terminate the rental agreement and, in addition to any other remedy, recover the tenant’s actual damages, receive an amount not greater than $2,500 to be fixed by the court, or both.

2.

In determining the amount, if any, to be awarded under subsection 1, the court shall consider:

(a)

Whether the landlord acted in good faith;

(b)

The course of conduct between the landlord and the tenant; and

(c)

The degree of harm to the tenant caused by the landlord’s conduct.

3.

If the rental agreement is terminated pursuant to subsection 1, the landlord shall return all prepaid rent and security recoverable under this chapter.

4.

Except as otherwise provided in subsection 5, the tenant may recover immediate possession of the premises from the landlord by filing a verified complaint for expedited relief for the unlawful removal or exclusion of the tenant from the premises, the willful interruption of any essential item or service or the recovery of possession of the dwelling unit in violation of NRS 118A.480.

5.

A verified complaint for expedited relief:

(a)

Must be filed with the court within 5 judicial days after the date of the unlawful act by the landlord, and the verified complaint must be dismissed if it is not timely filed. If the verified complaint for expedited relief is dismissed pursuant to this paragraph, the tenant retains the right to pursue all other available remedies against the landlord.

(b)

May be consolidated with any action for summary eviction or unlawful detainer that is already pending between the landlord and tenant.

6.

The court shall conduct a hearing on the verified complaint for expedited relief not later than 3 judicial days after the filing of the verified complaint for expedited relief. Before or at the scheduled hearing, the tenant must provide proof that the landlord has been properly served with a copy of the verified complaint for expedited relief. Upon the hearing, if it is determined that the landlord has violated any of the provisions of subsection 1, the court may:

(a)

Order the landlord to restore to the tenant the premises or essential items or services, or both;

(b)

Award damages pursuant to subsection 1; and

(c)

Enjoin the landlord from violating the provisions of subsection 1 and, if the circumstances so warrant, hold the landlord in contempt of court.

7.

The payment of all costs and official fees must be deferred for any tenant who files a verified complaint for expedited relief. After any hearing and not later than final disposition of the filing or order, the court shall assess the costs and fees against the party that does not prevail, except that the court may reduce them or waive them, as justice may require.

Source: Section 118A.390 — Unlawful removal or exclusion of tenant or willful interruption of essential items or services; procedure for expedited relief., https://www.­leg.­state.­nv.­us/NRS/NRS-118A.­html#NRS118ASec390.

118A.350
Failure of landlord to comply with rental agreement.
118A.355
Failure of landlord to maintain dwelling unit in habitable condition.
118A.360
Failure of landlord to comply with rental agreement or maintain dwelling unit in habitable condition where cost of compliance less than specified amount.
118A.370
Failure of landlord to deliver possession of dwelling unit.
118A.380
Failure of landlord to supply essential items or services.
118A.390
Unlawful removal or exclusion of tenant or willful interruption of essential items or services
118A.400
Damage or destruction of dwelling unit by fire or casualty.
118A.410
Failure of landlord to disclose required information to tenant.
118A.420
Failure of tenant to comply with rental agreement or perform basic obligations: Damages
118A.430
Failure of tenant to comply with rental agreement or perform basic obligations: Termination of rental agreement.
118A.440
Failure of tenant to perform basic obligations: Remedial work by landlord may be charged to tenant.
118A.450
Abandonment of dwelling unit by tenant: Remedies
118A.460
Procedure for disposal of personal property abandoned or left on premises
118A.470
Holding over by tenant.
118A.480
Landlord’s recovery of possession of dwelling unit.
118A.490
Actions based upon nonpayment of rent: Counterclaim by tenant
118A.500
Tenant’s refusal to allow lawful access to dwelling unit
118A.510
Retaliatory conduct by landlord against tenant prohibited
118A.515
Adverse action by landlord based solely upon request for emergency assistance prohibited
118A.520
When lien or security interest in tenant’s household goods may be enforced
Last Updated

Jun. 24, 2021

§ 118A.390’s source at nv​.us