NRS 40.416
Recovery of possession by occupant who has been locked out of dwelling: Filing of verified complaint for reentry

  • trial
  • issuance of writ of restitution if lockout was unjustified
  • appeal
  • failure to comply constitutes contempt.

1.

If the owner of a dwelling or an authorized representative of the owner locks an occupant out of the dwelling pursuant to NRS 40.412, the occupant may recover possession of the dwelling as provided in this section.

2.

The occupant must file with the justice court of the township in which the dwelling is located a verified complaint for reentry, specifying:

(a)

The facts of the lockout by the owner of the dwelling or the authorized representative of the owner; and

(b)

The legal basis upon which reentry into the dwelling is warranted.

3.

The court shall, after notice to both parties, hold a trial on the occupant’s verified complaint for reentry not later than 10 judicial days after the date on which the occupant files the verified complaint for reentry.

4.

If the court finds that an unjustified lockout has occurred, the court must issue a writ of restitution, restoring possession of the dwelling to the occupant.

5.

A party may appeal from the court’s judgment at the trial on the verified complaint for reentry in the same manner as a party may appeal a judgment in an action for forcible detainer.

6.

If the owner of the dwelling or the person on whom a writ of restitution is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the owner or the person on whom the writ was served, under chapter 22 of NRS.

7.

This section does not affect:

(a)

The right of any party to pursue a separate cause of action under this chapter or chapter 118A of NRS if the court finds that a landlord and tenant relationship exists between the parties; or

(b)

The rights of an owner or occupant in a forcible detainer, unlawful detainer or forcible entry and detainer action.

Source: Section 40.416 — Recovery of possession by occupant who has been locked out of dwelling: Filing of verified complaint for reentry; trial; issuance of writ of restitution if lockout was unjustified; appeal; failure to comply constitutes contempt., https://www.­leg.­state.­nv.­us/NRS/NRS-040.­html#NRS040Sec416.

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

§ 40.416’s source at nv​.us