Collections
Nevada Revised Statutes

Chapter 40

Nev. Rev. Stat. ch. 40

Actions and Proceedings in Particular Cases Concerning Property

40.001Definitions 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 40.005Zoning requirements to be considered by court 40.010Actions may be brought against adverse claimants 40.020Plaintiff not entitled to costs on default judgment or disclaimer 40.030Plaintiff may recover damages for property withheld where plaintiff’s right terminated during pendency of action 40.040Value of permanent improvements to be allowed as setoff 40.050Mortgage not deemed conveyance 40.060Court may enjoin injury to property during foreclosure 40.070Damages may be recovered for injury to possession after sale and before delivery 40.080Action not to be prejudiced by alienation pending suit 40.090Action by person in adverse possession: Verified complaint; defendants; notice of pending litigation 40.100Action by person in adverse possession: Issuance, service and posting of summons; rights of unknown persons 40.110Court to hear case; must not enter judgment by default; effect of final judgment 40.120Remedy is cumulative 40.130Adverse action on mining claim 40.140Nuisance defined; action for abatement and damages; exceptions 40.150Action for waste; judgment may be for treble damages 40.160Action for trespass for cutting or carrying away trees or wood; treble damages 40.180Manner of working mine or mining claim; assessment of damages 40.190Continuation of judgment lien 40.200Application for order of survey; notice and order; report of survey; costs of and damages caused by survey 40.210Order allowing party to survey and measure land in dispute; contents and service of order; liability for unnecessary injury 40.215Definitions 40.220Entry to be made only when legal and in peaceable manner 40.230Forcible entry defined; recovery of possession following forcible entry; treble damages 40.240Forcible detainer defined; recovery of possession following forcible detainer; treble damages 40.250Unlawful detainer: Possession after expiration of term 40.251Unlawful 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 40.2512Unlawful detainer: Possession after default in payment of rent; exception 40.2514Unlawful detainer: Assignment or subletting contrary to lease; waste; unlawful business; nuisance; violations of controlled substances laws 40.2516Unlawful detainer: Possession after failure to perform conditions of lease; saving lease from forfeiture; recovery of possession following unlawful detainer 40.252Unlawful 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 40.253Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent 40.254Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property 40.2542Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant of commercial premises 40.2545Unlawful detainer: Sealing of eviction case court file under certain circumstances; notice to surrender must not be made available for public inspection 40.255Removal 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 40.260Tenant of agricultural lands may hold over if not notified 40.270Tenant has similar remedies against subtenant 40.280Service of notices to surrender; proof required before issuance of order to remove or writ of restitution 40.290Parties defendant; persons bound by judgment 40.300Contents of complaint; issuance and service of summons; temporary writ of restitution; notice, hearing and bond 40.310Issue of fact to be tried by jury if proper demand made 40.320Proof required of plaintiff and defendant on trial 40.330Amendment of complaint to conform to proof; continuance 40.340Adjournments 40.350Trial not to be adjourned when plaintiff admits evidence in affidavit would be given 40.360Judgment; damages; execution and enforcement 40.370Verification of complaint and answer 40.380Provisions governing appeals 40.385Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay 40.390Appellate court not to dismiss or quash proceedings for want of form 40.400Rules of practice 40.412Housebreaking and unlawful occupancy: When owner may retake possession and change locks; notice required 40.414Forcible 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 40.416Recovery 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 40.420Form of writ of restitution; execution 40.425Notice of execution on writ of restitution 40.426Definitions 40.427“Foreclosure sale” defined 40.428Mortgage or other lien” defined 40.429Sale in lieu of a foreclosure sale” defined 40.430Action for recovery of debt secured by mortgage or other lien; “action” defined 40.435Judicial proceedings in violation of NRS 40.430; provisions of NRS 40.430 as an affirmative defense 40.437Additional requirements for action affecting owner-occupied housing: Notice; form; election or waiver of mediation; rules concerning mediation; applicability 40.439Limitations on foreclosure sales involving certain members of military or dependents 40.4395Limitations on foreclosure sales involving shutdown 40.440Disposition of proceeds of foreclosure sale 40.450Proceedings when debt secured falls due at different times 40.451“Indebtedness” defined 40.453Waiver of rights in documents relating to sale of real property against public policy and unenforceable; exception 40.455Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust; exceptions 40.457Hearing before award of deficiency judgment; appraisal of property sold 40.458Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust prohibited under certain circumstances 40.459Limitations on amount of money judgment 40.462Distribution of proceeds of foreclosure sale 40.463Agreement for assistance in recovering proceeds of foreclosure sale due to debtor or successor in interest; requirements for enforceable agreement; fee must be reasonable 40.4636Limitations on amount of money judgment 40.4638Circumstances under which action to enforce obligation is prohibited 40.4639Period of limitation on commencement of civil action 40.464Duty to maintain vacant residential property acquired at foreclosure sale; notice of violation; proceedings for enforcement; civil penalties 40.465“Indebtedness” defined 40.475Remedy against mortgagor or grantor; assignment of creditor’s rights to guarantor, surety or obligor 40.485Interest in proceeds of secured indebtedness upon partial satisfaction of indebtedness 40.495Waiver of rights; separate action to enforce obligation; limitation on amount of judgment; available defenses 40.501Definitions 40.502“Environmental provision” defined 40.503“Environmentally impaired” defined 40.504“Hazardous substance” defined 40.505“Release” defined 40.506“Secured lender” defined 40.507Right of entry and inspection of real collateral 40.508Action by secured lender concerning environmental provision 40.509Limitation on amount of damages recoverable in action concerning environmental provision; recovery of interest 40.511Exceptions to applicability of NRS 40.507 and 40.508 40.512Environmental impairment of real collateral: Waiver of lien; notice of waiver; exception; recording of waiver 40.515Petition, notice, hearing and order; alternative method of terminating interest 40.525Petition; notice; hearing and order; alternative method 40.535Affidavit or petition may be filed in probate proceeding 40.600Definitions 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 40.635Applicability; effect on other defenses 40.640Liability of contractor 40.645Notice of defect: Required before commencement of or addition to certain actions; content; persons authorized to provide notice; exceptions 40.646Notice 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 40.6462Access to residence or appurtenance with alleged defect after notice of defect is given 40.647Claimant 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 40.6472Response to notice of defect: Time for sending; content; effect of election to repair or not to repair 40.648Election to repair defect: Who may repair; manner for performing repairs; deadline for repair; extension of deadline; written statement of repairs performed 40.649Notice of defect may be presented to insurer; duties of insurer 40.650Effect of rejecting reasonable offer of settlement; effect of failing to take certain actions concerning defect; effect of coverage available under homeowner’s warranty 40.652Offer of judgment 40.655Limitation on recovery 40.660Nonacceptance of offer of settlement deemed rejection 40.665Settlement by repurchase; certain offers of settlement deemed reasonable 40.667Effect 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 40.668Action against subdivider or master developer for defect in appurtenance in planned unit development: Conditions and limitations; tolling of statutes of limitation or repose; applicability 40.670Defect which creates imminent threat to health or safety: Duty to cure; effect of failure to cure; exceptions 40.672Defect in new residence: Duty to repair; deadline for repair; extensions; disciplinary action for failure to comply 40.675Inspection of repairs 40.680Mediation of certain claims required before action commenced or complaint amended; procedure; appointment of special master; effect of failure to mediate in good faith 40.681Premediation discovery 40.684Duties of insurer with respect to settlement conference 40.687Disclosure of information concerning insurance agreements; compelled production of information 40.688Disclosure of defects by claimant to prospective purchaser of residence required; timing and contents of disclosure; duty of attorney to inform claimant of disclosure requirement 40.6882Complainant” defined 40.6884Attorney required to consult expert; required affidavit of attorney; required report of expert 40.6885Effect of compliance with or failure to comply with NRS 40.6884 40.6887Submission of questions or disputes concerning defects to State Contractors’ Board; regulations 40.689Preference given to action; action may be assigned to senior judge; assessment of additional expenses 40.690Limitation on bringing claim against governmental entity during period for resolution; effect of settlement; contractor or claimant may require party to appear and participate 40.692Notice not required to be given to intervener in action 40.693Contractual provisions requiring subcontractor to indemnify controlling party; wrap-up insurance policies 40.695Tolling of statutes of limitation or repose; applicability 40.750Fraud against financial institution or other lender for purpose of obtaining loan secured by lien on real property 40.770Limitation on liability of seller, seller’s agent and buyer’s agent for failure to disclose certain facts concerning property