NRS 40.385
Stay of execution upon appeal

  • duty of tenant who retains possession of premises to pay rent during stay.

1.

Either party may appeal an order entered pursuant to NRS 40.253, 40.254 or 40.2542 by filing a notice of appeal within 10 judicial days after the date of entry of the order.

2.

Except as otherwise provided in this section, a stay of execution may be obtained by filing with the trial court a bond in the amount of $250 to cover the expected costs on appeal. A surety upon the bond submits to the jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the surety’s agent upon whom papers affecting the surety’s liability upon the bond may be served. Liability of a surety may be enforced, or the bond may be released, on motion in the appellate court without independent action. A tenant of commercial property may obtain a stay of execution only upon the issuance of a stay pursuant to Rule 8 of the Nevada Rules of Appellate Procedure and the posting of a supersedeas bond in the amount of 100 percent of any unpaid rent claim of the landlord.

3.

A tenant who retains possession of the premises that are the subject of the appeal during the pendency of the appeal shall pay to the landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. If the tenant fails to pay such rent, the landlord may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253, 40.254 or 40.2542.

Source: Section 40.385 — Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay., https://www.­leg.­state.­nv.­us/NRS/NRS-040.­html#NRS040Sec385 (accessed May 26, 2025).

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

May 26, 2025

§ 40.385. Stay of execution upon appeal's source at nv​.us