NRS 40.254
Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property.


1.

Except as otherwise provided by specific statute, in addition to the remedy provided in NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling unit, part of a low-rent housing program operated by a public housing authority, a mobile home or a recreational vehicle is guilty of an unlawful detainer pursuant to NRS 40.250, 40.251, 40.2514 or 40.2516, the landlord or the landlord’s agent may utilize the summary procedures for eviction as provided in NRS 40.253 except that written notice to surrender the premises must:

(a)

Be given to the tenant in accordance with the provisions of NRS 40.280;

(b)

Advise the tenant of the court that has jurisdiction over the matter; and

(c)

Advise the tenant of the tenant’s right to:

(1)

Contest the notice by filing before the court’s close of business on the fifth judicial day after the day of service of the notice an affidavit with the court that has jurisdiction over the matter stating the reasons why the tenant is not guilty of an unlawful detainer; or

(2)

Request that the court stay the execution of the order for removal of the tenant or order providing for nonadmittance of the tenant for a period not exceeding 10 days pursuant to subsection 2 of NRS 70.010, stating the reasons why such a stay is warranted.

2.

The affidavit of the landlord or the landlord’s agent submitted to the justice court or the district court must state or contain:

(a)

The date when the tenancy commenced, the term of the tenancy and, if any, a copy of the rental agreement. If the rental agreement has been lost or destroyed, the landlord or the landlord’s agent may attach an affidavit or declaration, signed under penalty of perjury, stating such loss or destruction.

(b)

The date when the tenancy or rental agreement allegedly terminated.

(c)

The date when written notice to surrender was given to the tenant pursuant to the provisions of NRS 40.251, 40.2514 or 40.2516, together with any facts supporting the notice.

(d)

The date when the written notice was given, a copy of the notice and a statement that notice was served in accordance with NRS 40.280 and, if applicable, a copy of the notice of change of ownership served on the tenant pursuant to NRS 40.255 if the property has been purchased as a residential foreclosure.

(e)

A statement that the claim for relief was authorized by law.

3.

If the tenant is found guilty of unlawful detainer as a result of the tenant’s violation of any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, the landlord is entitled to be awarded any reasonable attorney’s fees incurred by the landlord or the landlord’s agent as a result of a hearing, if any, held pursuant to subsection 6 of NRS 40.253 wherein the tenant contested the eviction.

Source: Section 40.254 — Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property., https://www.­leg.­state.­nv.­us/NRS/NRS-040.­html#NRS040Sec254.

40.215
Definitions.
40.220
Entry to be made only when legal and in peaceable manner.
40.230
Forcible entry defined
40.240
Forcible detainer defined
40.250
Unlawful detainer: Possession after expiration of term.
40.251
Unlawful detainer: Possession of property leased for indefinite time after notice to surrender
40.252
Unlawful detainer: Contractual provisions void if contrary to specified periods of notice
40.253
Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent.
40.254
Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property.
40.255
Removal of person holding over after 3-day notice to surrender
40.260
Tenant of agricultural lands may hold over if not notified.
40.270
Tenant has similar remedies against subtenant.
40.280
Service of notices to surrender
40.290
Parties defendant
40.300
Contents of complaint
40.310
Issue of fact to be tried by jury if proper demand made.
40.320
Proof required of plaintiff and defendant on trial.
40.330
Amendment of complaint to conform to proof
40.340
Adjournments.
40.350
Trial not to be adjourned when plaintiff admits evidence in affidavit would be given.
40.360
Judgment
40.370
Verification of complaint and answer.
40.380
Provisions governing appeals.
40.385
Stay of execution upon appeal
40.390
Appellate court not to dismiss or quash proceedings for want of form.
40.400
Rules of practice.
40.412
Housebreaking and unlawful occupancy: When owner may retake possession and change locks
40.414
Forcible entry or forcible detainer: When owner or occupant may recover possession
40.416
Recovery of possession by occupant who has been locked out of dwelling: Filing of verified complaint for reentry
40.420
Form of writ of restitution
40.425
Notice of execution on writ of restitution.
40.2512
Unlawful detainer: Possession after default in payment of rent.
40.2514
Unlawful detainer: Assignment or subletting contrary to lease
40.2516
Unlawful detainer: Possession after failure to perform conditions of lease
40.2542
Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant of commercial premises.
40.2545
Unlawful detainer: Sealing of eviction case court file under certain circumstances
Last Updated

Jun. 24, 2021

§ 40.254’s source at nv​.us