PocketLaw | Nevada Revised Statutes | Actions and Proceedings in

Actions and Proceedings in Particular Cases Concerning Property

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Definitions.

"Federal worker" defined.

"Qualified Indian tribe" defined.

"State worker" defined.

Zoning requirements to be considered by court.

Section
40.0025

"Household member" defined.

Section
40.0035

"Shutdown" defined.

Section
40.0045

"Tribal worker" defined.

Actions may be brought against adverse claimants.

Plaintiff not entitled to costs on default judgment or disclaimer.

Plaintiff may recover damages for property withheld where plaintiff’s right terminated during pendency of action.

Value of permanent improvements to be allowed as setoff.

Mortgage not deemed conveyance.

Court may enjoin injury to property during foreclosure.

Damages may be recovered for injury to possession after sale and before delivery.

Action not to be prejudiced by alienation pending suit.

Action by person in adverse possession: Verified complaint; defendants; notice of pending litigation.

Action by person in adverse possession: Issuance, service and posting of summons; rights of unknown persons.

Court to hear case; must not enter judgment by default; effect of final judgment.

Remedy is cumulative.

Adverse action on mining claim.

Nuisance defined; action for abatement and damages; exceptions.

Action for waste; judgment may be for treble damages.

Action for trespass for cutting or carrying away trees or wood; treble damages.

Manner of working mine or mining claim; assessment of damages.

Continuation of judgment lien.

Application for order of survey; notice and order; report of survey; costs of and damages caused by survey.

Order allowing party to survey and measure land in dispute; contents and service of order; liability for unnecessary injury.

Definitions.

Entry to be made only when legal and in peaceable manner.

Forcible entry defined; recovery of possession following forcible entry; treble damages.

Forcible detainer defined; recovery of possession following forcible detainer; treble damages.

Unlawful detainer: Possession after expiration of term.

Unlawful detainer: Possession of property leased for indefinite time after notice to surrender; older person or person with a disability entitled to extension of period of possession upon request; federal worker, tribal worker, state worker or household member of such worker may request extension of period of possession.

Unlawful detainer: Contractual provisions void if contrary to specified periods of notice; notice to surrender by colessor is valid unless showing other colessors did not authorize notice.

Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent.

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

Removal of person holding over after 3-day notice to surrender; circumstances authorizing removal; exception and additional notice required for occupying tenants and subtenants of property sold as residential foreclosure.

Tenant of agricultural lands may hold over if not notified.

Tenant has similar remedies against subtenant.

Service of notices to surrender; proof required before issuance of order to remove or writ of restitution.

Parties defendant; persons bound by judgment.

Contents of complaint; issuance and service of summons; temporary writ of restitution; notice, hearing and bond.

Issue of fact to be tried by jury if proper demand made.

Proof required of plaintiff and defendant on trial.

Amendment of complaint to conform to proof; continuance.

Adjournments.

Trial not to be adjourned when plaintiff admits evidence in affidavit would be given.

Judgment; damages; execution and enforcement.

Verification of complaint and answer.

Provisions governing appeals.

Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay.

Appellate court not to dismiss or quash proceedings for want of form.

Rules of practice.

Housebreaking and unlawful occupancy: When owner may retake possession and change locks; notice required.

Forcible entry or forcible detainer: When owner or occupant may recover possession; notice required; response by unlawful or unauthorized occupant; complaint for eviction; actions by court; disposal of abandoned personal property.

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.

Form of writ of restitution; execution.

Notice of execution on writ of restitution.

Definitions.

"Foreclosure sale" defined.

Mortgage or other lien" defined.

Sale in lieu of a foreclosure sale" defined.

Action for recovery of debt secured by mortgage or other lien; "action" defined.

Judicial proceedings in violation of NRS 40.430; provisions of NRS 40.430 as an affirmative defense.

Additional requirements for action affecting owner-occupied housing: Notice; form; election or waiver of mediation; rules concerning mediation; applicability.

Limitations on foreclosure sales involving certain members of military or dependents.

Disposition of proceeds of foreclosure sale.

Proceedings when debt secured falls due at different times.

"Indebtedness" defined.

Waiver of rights in documents relating to sale of real property against public policy and unenforceable; exception.

Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust; exceptions.

Hearing before award of deficiency judgment; appraisal of property sold.

Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust prohibited under certain circumstances.

Limitations on amount of money judgment.

Distribution of proceeds of foreclosure sale.

Agreement for assistance in recovering proceeds of foreclosure sale due to debtor or successor in interest; requirements for enforceable agreement; fee must be reasonable.

Duty to maintain vacant residential property acquired at foreclosure sale; notice of violation; proceedings for enforcement; civil penalties.

"Indebtedness" defined.

Remedy against mortgagor or grantor; assignment of creditor’s rights to guarantor, surety or obligor.

Interest in proceeds of secured indebtedness upon partial satisfaction of indebtedness.

Waiver of rights; separate action to enforce obligation; limitation on amount of judgment; available defenses.

Definitions.

"Environmental provision" defined.

"Environmentally impaired" defined.

"Hazardous substance" defined.

"Release" defined.

"Secured lender" defined.

Right of entry and inspection of real collateral.

Action by secured lender concerning environmental provision.

Limitation on amount of damages recoverable in action concerning environmental provision; recovery of interest.

Exceptions to applicability of NRS 40.507 and 40.508.

Environmental impairment of real collateral: Waiver of lien; notice of waiver; exception; recording of waiver.

Petition, notice, hearing and order; alternative method of terminating interest.

Petition; notice; hearing and order; alternative method.

Affidavit or petition may be filed in probate proceeding.

Definitions.

"Amend a complaint to add a cause of action for a constructional defect" defined.

"Appurtenance" defined.

"Builder’s warranty" defined.

"Claimant" defined.

"Constructional defect" defined.

"Contractor" defined.

"Design professional" defined.

"Homeowner’s warranty" defined.

"Residence" defined.

"Subcontractor" defined.

"Supplier" defined.

Applicability; effect on other defenses.

Liability of contractor.

Notice of defect: Required before commencement of or addition to certain actions; content; persons authorized to provide notice; exceptions.

Notice of defect to be forwarded by contractor to subcontractor, supplier or design professional; effect of failure to forward notice; inspection of alleged defect; election to repair.

Claimant required to allow inspection of and reasonable opportunity to repair defect; claimant or claimant’s expert required to be present at inspection; effect of noncompliance.

Election to repair defect: Who may repair; manner for performing repairs; deadline for repair; extension of deadline; written statement of repairs performed.

Notice of defect may be presented to insurer; duties of insurer.

Effect of rejecting reasonable offer of settlement; effect of failing to take certain actions concerning defect; effect of coverage available under homeowner’s warranty.

Offer of judgment.

Limitation on recovery.

Nonacceptance of offer of settlement deemed rejection.

Settlement by repurchase; certain offers of settlement deemed reasonable.

Effect of written waiver or settlement agreement when contractor fails to correct or repair defect properly; conditions to bringing action; effect of failure to prevail in action.

Action against subdivider or master developer for defect in appurtenance in planned unit development: Conditions and limitations; tolling of statutes of limitation or repose; applicability.

Defect which creates imminent threat to health or safety: Duty to cure; effect of failure to cure; exceptions.

Defect in new residence: Duty to repair; deadline for repair; extensions; disciplinary action for failure to comply.

Inspection of repairs.

Mediation of certain claims required before action commenced or complaint amended; procedure; appointment of special master; effect of failure to mediate in good faith.

Premediation discovery.

Duties of insurer with respect to settlement conference.

Disclosure of information concerning insurance agreements; compelled production of information.

Disclosure of defects by claimant to prospective purchaser of residence required; timing and contents of disclosure; duty of attorney to inform claimant of disclosure requirement.

Preference given to action; action may be assigned to senior judge; assessment of additional expenses.

Limitation on bringing claim against governmental entity during period for resolution; effect of settlement; contractor or claimant may require party to appear and participate.

Notice not required to be given to intervener in action.

Contractual provisions requiring subcontractor to indemnify controlling party; wrap-up insurance policies.

Tolling of statutes of limitation or repose; applicability.

Fraud against financial institution or other lender for purpose of obtaining loan secured by lien on real property. [Effective through December 31, 2019.]

Fraud against financial institution or other lender for purpose of obtaining loan secured by lien on real property. [Effective January 1, 2020.]

Limitation on liability of seller, seller’s agent and buyer’s agent for failure to disclose certain facts concerning property.

Section
40.2512

Unlawful detainer: Possession after default in payment of rent; exception.

Section
40.2514

Unlawful detainer: Assignment or subletting contrary to lease; waste; unlawful business; nuisance; violations of controlled substances laws.

Section
40.2516

Unlawful detainer: Possession after failure to perform conditions of lease; saving lease from forfeiture; recovery of possession following unlawful detainer.

Section
40.2542

Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant of commercial premises.

Section
40.2544

Unlawful detainer: Stay of eviction proceeding to facilitate program of alternative dispute resolution.

Section
40.2545

Unlawful detainer: Sealing of eviction case court file under certain circumstances; notice to surrender must not be made available for public inspection.

Section
40.4395

Limitations on foreclosure sales involving shutdown.

Section
40.4636

Limitations on amount of money judgment.

Section
40.4638

Circumstances under which action to enforce obligation is prohibited.

Section
40.4639

Period of limitation on commencement of civil action.

Section
40.6462

Access to residence or appurtenance with alleged defect after notice of defect is given.

Section
40.6472

Response to notice of defect: Time for sending; content; effect of election to repair or not to repair.

Section
40.6882

Complainant" defined.

Section
40.6884

Attorney required to consult expert; required affidavit of attorney; required report of expert.

Section
40.6885

Effect of compliance with or failure to comply with NRS 40.6884.

Section
40.6887

Submission of questions or disputes concerning defects to State Contractors’ Board; regulations.