Learn More
Log In
Sign Up
Nev. Rev. Stat. ch. 40 – Actions and Proceedings in Particular Cases Concerning Property | Midpage
Collections
Nevada Revised Statutes
Title 3
Chapter 40
Nev. Rev. Stat. ch. 40
Actions and Proceedings in Particular Cases Concerning Property
40.001
Definitions
40.002
“Federal worker” defined
40.0025
“Household member” defined
40.003
“Qualified Indian tribe” defined
40.0035
“Shutdown” defined
40.004
“State worker” defined
40.0045
“Tribal worker” defined
40.005
Zoning requirements to be considered by court
40.010
Actions may be brought against adverse claimants
40.020
Plaintiff not entitled to costs on default judgment or disclaimer
40.030
Plaintiff may recover damages for property withheld where plaintiff’s right terminated during pendency of action
40.040
Value of permanent improvements to be allowed as setoff
40.050
Mortgage not deemed conveyance
40.060
Court may enjoin injury to property during foreclosure
40.070
Damages may be recovered for injury to possession after sale and before delivery
40.080
Action not to be prejudiced by alienation pending suit
40.090
Action by person in adverse possession: Verified complaint; defendants; notice of pending litigation
40.100
Action by person in adverse possession: Issuance, service and posting of summons; rights of unknown persons
40.110
Court to hear case; must not enter judgment by default; effect of final judgment
40.120
Remedy is cumulative
40.130
Adverse action on mining claim
40.140
Nuisance defined; action for abatement and damages; exceptions
40.150
Action for waste; judgment may be for treble damages
40.160
Action for trespass for cutting or carrying away trees or wood; treble damages
40.180
Manner of working mine or mining claim; assessment of damages
40.190
Continuation of judgment lien
40.200
Application for order of survey; notice and order; report of survey; costs of and damages caused by survey
40.210
Order allowing party to survey and measure land in dispute; contents and service of order; liability for unnecessary injury
40.215
Definitions
40.220
Entry to be made only when legal and in peaceable manner
40.230
Forcible entry defined; recovery of possession following forcible entry; treble damages
40.240
Forcible detainer defined; recovery of possession following forcible detainer; treble damages
40.250
Unlawful detainer: Possession after expiration of term
40.251
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
40.2512
Unlawful detainer: Possession after default in payment of rent; exception
40.2514
Unlawful detainer: Assignment or subletting contrary to lease; waste; unlawful business; nuisance; violations of controlled substances laws
40.2516
Unlawful detainer: Possession after failure to perform conditions of lease; saving lease from forfeiture; recovery of possession following unlawful detainer
40.252
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
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
40.2542
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; notice to surrender must not be made available for public inspection
40.255
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
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; proof required before issuance of order to remove or writ of restitution
40.290
Parties defendant; persons bound by judgment
40.300
Contents of complaint; issuance and service of summons; temporary writ of restitution; notice, hearing and bond
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; continuance
40.340
Adjournments
40.350
Trial not to be adjourned when plaintiff admits evidence in affidavit would be given
40.360
Judgment; damages; execution and enforcement
40.370
Verification of complaint and answer
40.380
Provisions governing appeals
40.385
Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay
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; notice required
40.414
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
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
40.420
Form of writ of restitution; execution
40.425
Notice of execution on writ of restitution
40.426
Definitions
40.427
“Foreclosure sale” defined
40.428
Mortgage or other lien” defined
40.429
Sale in lieu of a foreclosure sale” defined
40.430
Action for recovery of debt secured by mortgage or other lien; “action” defined
40.435
Judicial proceedings in violation of NRS 40.430; provisions of NRS 40.430 as an affirmative defense
40.437
Additional requirements for action affecting owner-occupied housing: Notice; form; election or waiver of mediation; rules concerning mediation; applicability
40.439
Limitations on foreclosure sales involving certain members of military or dependents
40.4395
Limitations on foreclosure sales involving shutdown
40.440
Disposition of proceeds of foreclosure sale
40.450
Proceedings when debt secured falls due at different times
40.451
“Indebtedness” defined
40.453
Waiver of rights in documents relating to sale of real property against public policy and unenforceable; exception
40.455
Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust; exceptions
40.457
Hearing before award of deficiency judgment; appraisal of property sold
40.458
Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust prohibited under certain circumstances
40.459
Limitations on amount of money judgment
40.462
Distribution of proceeds of foreclosure sale
40.463
Agreement for assistance in recovering proceeds of foreclosure sale due to debtor or successor in interest; requirements for enforceable agreement; fee must be reasonable
40.4636
Limitations on amount of money judgment
40.4638
Circumstances under which action to enforce obligation is prohibited
40.4639
Period of limitation on commencement of civil action
40.464
Duty to maintain vacant residential property acquired at foreclosure sale; notice of violation; proceedings for enforcement; civil penalties
40.465
“Indebtedness” defined
40.475
Remedy against mortgagor or grantor; assignment of creditor’s rights to guarantor, surety or obligor
40.485
Interest in proceeds of secured indebtedness upon partial satisfaction of indebtedness
40.495
Waiver of rights; separate action to enforce obligation; limitation on amount of judgment; available defenses
40.501
Definitions
40.502
“Environmental provision” defined
40.503
“Environmentally impaired” defined
40.504
“Hazardous substance” defined
40.505
“Release” defined
40.506
“Secured lender” defined
40.507
Right of entry and inspection of real collateral
40.508
Action by secured lender concerning environmental provision
40.509
Limitation on amount of damages recoverable in action concerning environmental provision; recovery of interest
40.511
Exceptions to applicability of NRS 40.507 and 40.508
40.512
Environmental impairment of real collateral: Waiver of lien; notice of waiver; exception; recording of waiver
40.515
Petition, notice, hearing and order; alternative method of terminating interest
40.525
Petition; notice; hearing and order; alternative method
40.535
Affidavit or petition may be filed in probate proceeding
40.600
Definitions
40.603
“Amend a complaint to add a cause of action for a constructional defect” defined
40.605
“Appurtenance” defined
40.607
“Builder’s warranty” defined
40.610
“Claimant” defined
40.615
“Constructional defect” defined
40.620
“Contractor” defined
40.623
“Design professional” defined
40.630
“Residence” defined
40.632
“Subcontractor” defined
40.634
“Supplier” defined
40.635
Applicability; effect on other defenses
40.640
Liability of contractor
40.645
Notice of defect: Required before commencement of or addition to certain actions; content; persons authorized to provide notice; exceptions
40.646
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
40.6462
Access to residence or appurtenance with alleged defect after notice of defect is given
40.647
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
40.6472
Response to notice of defect: Time for sending; content; effect of election to repair or not to repair
40.648
Election to repair defect: Who may repair; manner for performing repairs; deadline for repair; extension of deadline; written statement of repairs performed
40.649
Notice of defect may be presented to insurer; duties of insurer
40.650
Effect of rejecting reasonable offer of settlement; effect of failing to take certain actions concerning defect; effect of coverage available under homeowner’s warranty
40.652
Offer of judgment
40.655
Limitation on recovery
40.660
Nonacceptance of offer of settlement deemed rejection
40.665
Settlement by repurchase; certain offers of settlement deemed reasonable
40.667
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
40.668
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
40.670
Defect which creates imminent threat to health or safety: Duty to cure; effect of failure to cure; exceptions
40.672
Defect in new residence: Duty to repair; deadline for repair; extensions; disciplinary action for failure to comply
40.675
Inspection of repairs
40.680
Mediation of certain claims required before action commenced or complaint amended; procedure; appointment of special master; effect of failure to mediate in good faith
40.681
Premediation discovery
40.684
Duties of insurer with respect to settlement conference
40.687
Disclosure of information concerning insurance agreements; compelled production of information
40.688
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
40.6882
Complainant” defined
40.6884
Attorney required to consult expert; required affidavit of attorney; required report of expert
40.6885
Effect of compliance with or failure to comply with NRS 40.6884
40.6887
Submission of questions or disputes concerning defects to State Contractors’ Board; regulations
40.689
Preference given to action; action may be assigned to senior judge; assessment of additional expenses
40.690
Limitation on bringing claim against governmental entity during period for resolution; effect of settlement; contractor or claimant may require party to appear and participate
40.692
Notice not required to be given to intervener in action
40.693
Contractual provisions requiring subcontractor to indemnify controlling party; wrap-up insurance policies
40.695
Tolling of statutes of limitation or repose; applicability
40.750
Fraud against financial institution or other lender for purpose of obtaining loan secured by lien on real property
40.770
Limitation on liability of seller, seller’s agent and buyer’s agent for failure to disclose certain facts concerning property