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Nevada Chapter 40 — Actions and Proceedings in Particular Cases Concerning Property

151 sections hosted, reproduced from the official public-domain source.

  • NRS 40.001— Definitions
  • NRS 40.002— “Federal worker” defined
  • NRS 40.003— “Qualified Indian tribe” defined
  • NRS 40.004— “State worker” defined
  • NRS 40.005— Zoning requirements to be considered by court
  • NRS 40.010— Actions may be brought against adverse claimants
  • NRS 40.020— Plaintiff not entitled to costs on default judgment or disclaimer
  • NRS 40.0025— “Household member” defined
  • NRS 40.030— Plaintiff may recover damages for property withheld where plaintiff’s right terminated during pendency of action
  • NRS 40.0035— “Shutdown” defined
  • NRS 40.040— Value of permanent improvements to be allowed as setoff
  • NRS 40.0045— “Tribal worker” defined
  • NRS 40.050— Mortgage not deemed conveyance
  • NRS 40.060— Court may enjoin injury to property during foreclosure
  • NRS 40.070— Damages may be recovered for injury to possession after sale and before delivery
  • NRS 40.080— Action not to be prejudiced by alienation pending suit
  • NRS 40.090— Action by person in adverse possession: Verified complaint; defendants; notice of pending litigation
  • NRS 40.100— Action by person in adverse possession: Issuance, service and posting of summons; rights of unknown persons
  • NRS 40.110— Court to hear case; must not enter judgment by default; effect of final judgment
  • NRS 40.120— Remedy is cumulative
  • NRS 40.130— Adverse action on mining claim
  • NRS 40.140— Nuisance defined; action for abatement and damages; exceptions
  • NRS 40.150— Action for waste; judgment may be for treble damages
  • NRS 40.160— Action for trespass for cutting or carrying away trees or wood; treble damages
  • NRS 40.180— Manner of working mine or mining claim; assessment of damages
  • NRS 40.190— Continuation of judgment lien
  • NRS 40.200— Application for order of survey; notice and order; report of survey; costs of and damages caused by survey
  • NRS 40.210— Order allowing party to survey and measure land in dispute; contents and service of order; liability for unnecessary injury
  • NRS 40.215— Definitions
  • NRS 40.220— Entry to be made only when legal and in peaceable manner
  • NRS 40.230— Forcible entry defined; recovery of possession following forcible entry; treble damages
  • NRS 40.240— Forcible detainer defined; recovery of possession following forcible detainer; treble damages
  • NRS 40.250— Unlawful detainer: Possession after expiration of term
  • NRS 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
  • NRS 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
  • NRS 40.253— Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent
  • NRS 40.254— Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property
  • NRS 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
  • NRS 40.260— Tenant of agricultural lands may hold over if not notified
  • NRS 40.270— Tenant has similar remedies against subtenant
  • NRS 40.280— Service of notices to surrender; proof required before issuance of order to remove or writ of restitution
  • NRS 40.290— Parties defendant; persons bound by judgment
  • NRS 40.300— Contents of complaint; issuance and service of summons; temporary writ of restitution; notice, hearing and bond
  • NRS 40.310— Issue of fact to be tried by jury if proper demand made
  • NRS 40.320— Proof required of plaintiff and defendant on trial
  • NRS 40.330— Amendment of complaint to conform to proof; continuance
  • NRS 40.340— Adjournments
  • NRS 40.350— Trial not to be adjourned when plaintiff admits evidence in affidavit would be given
  • NRS 40.360— Judgment; damages; execution and enforcement
  • NRS 40.370— Verification of complaint and answer
  • NRS 40.380— Provisions governing appeals
  • NRS 40.385— Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay
  • NRS 40.390— Appellate court not to dismiss or quash proceedings for want of form
  • NRS 40.400— Rules of practice
  • NRS 40.412— Housebreaking and unlawful occupancy: When owner may retake possession and change locks; notice required
  • NRS 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
  • 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
  • NRS 40.420— Form of writ of restitution; execution
  • NRS 40.425— Notice of execution on writ of restitution
  • NRS 40.426— Definitions
  • NRS 40.427— “Foreclosure sale” defined
  • NRS 40.428— Mortgage or other lien” defined
  • NRS 40.429— Sale in lieu of a foreclosure sale” defined
  • NRS 40.430— Action for recovery of debt secured by mortgage or other lien; “action” defined
  • NRS 40.435— Judicial proceedings in violation of NRS 40.430
  • NRS 40.437— Additional requirements for action affecting owner-occupied housing: Notice; form; election or waiver of mediation; rules concerning mediation; applicability
  • NRS 40.439— Limitations on foreclosure sales involving certain members of military or dependents
  • NRS 40.440— Disposition of proceeds of foreclosure sale
  • NRS 40.450— Proceedings when debt secured falls due at different times
  • NRS 40.451— “Indebtedness” defined
  • NRS 40.453— Waiver of rights in documents relating to sale of real property against public policy and unenforceable; exception
  • NRS 40.455— Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust; exceptions
  • NRS 40.457— Hearing before award of deficiency judgment; appraisal of property sold
  • NRS 40.458— Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust prohibited under certain circumstances
  • NRS 40.459— Limitations on amount of money judgment
  • NRS 40.462— Distribution of proceeds of foreclosure sale
  • NRS 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
  • NRS 40.464— Duty to maintain vacant residential property acquired at foreclosure sale; notice of violation; proceedings for enforcement; civil penalties
  • NRS 40.465— “Indebtedness” defined
  • NRS 40.475— Remedy against mortgagor or grantor; assignment of creditor’s rights to guarantor, surety or obligor
  • NRS 40.485— Interest in proceeds of secured indebtedness upon partial satisfaction of indebtedness
  • NRS 40.495— Waiver of rights; separate action to enforce obligation; limitation on amount of judgment; available defenses
  • NRS 40.501— Definitions
  • NRS 40.502— “Environmental provision” defined
  • NRS 40.503— “Environmentally impaired” defined
  • NRS 40.504— “Hazardous substance” defined
  • NRS 40.505— “Release” defined
  • NRS 40.506— “Secured lender” defined
  • NRS 40.507— Right of entry and inspection of real collateral
  • NRS 40.508— Action by secured lender concerning environmental provision
  • NRS 40.509— Limitation on amount of damages recoverable in action concerning environmental provision; recovery of interest
  • NRS 40.511— Exceptions to applicability of NRS 40.507
  • NRS 40.512— Environmental impairment of real collateral: Waiver of lien; notice of waiver; exception; recording of waiver
  • NRS 40.515— Petition, notice, hearing and order; alternative method of terminating interest
  • NRS 40.525— Petition; notice; hearing and order; alternative method
  • NRS 40.535— Affidavit or petition may be filed in probate proceeding
  • NRS 40.600— Definitions
  • NRS 40.603— “Amend a complaint to add a cause of action for a constructional defect” defined
  • NRS 40.605— “Appurtenance” defined
  • NRS 40.607— “Builder’s warranty” defined
  • NRS 40.610— “Claimant” defined
  • NRS 40.615— “Constructional defect” defined
  • NRS 40.620— “Contractor” defined
  • NRS 40.623— “Design professional” defined
  • NRS 40.630— “Residence” defined
  • NRS 40.632— “Subcontractor” defined
  • NRS 40.634— “Supplier” defined
  • NRS 40.635— Applicability; effect on other defenses
  • NRS 40.640— Liability of contractor
  • NRS 40.645— Notice of defect: Required before commencement of or addition to certain actions; content; persons authorized to provide notice; exceptions
  • NRS 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
  • NRS 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
  • NRS 40.648— Election to repair defect: Who may repair; manner for performing repairs; deadline for repair; extension of deadline; written statement of repairs performed
  • NRS 40.649— Notice of defect may be presented to insurer; duties of insurer
  • NRS 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
  • NRS 40.652— Offer of judgment
  • NRS 40.655— Limitation on recovery
  • NRS 40.660— Nonacceptance of offer of settlement deemed rejection
  • NRS 40.665— Settlement by repurchase; certain offers of settlement deemed reasonable
  • NRS 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
  • NRS 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
  • NRS 40.670— Defect which creates imminent threat to health or safety: Duty to cure; effect of failure to cure; exceptions
  • NRS 40.672— Defect in new residence: Duty to repair; deadline for repair; extensions; disciplinary action for failure to comply
  • NRS 40.675— Inspection of repairs
  • NRS 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
  • NRS 40.681— Premediation discovery
  • NRS 40.684— Duties of insurer with respect to settlement conference
  • NRS 40.687— Disclosure of information concerning insurance agreements; compelled production of information
  • NRS 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
  • NRS 40.689— Preference given to action; action may be assigned to senior judge; assessment of additional expenses
  • NRS 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
  • NRS 40.692— Notice not required to be given to intervener in action
  • NRS 40.693— Contractual provisions requiring subcontractor to indemnify controlling party; wrap-up insurance policies
  • NRS 40.695— Tolling of statutes of limitation or repose; applicability
  • NRS 40.750— Fraud against financial institution or other lender for purpose of obtaining loan secured by lien on real property
  • NRS 40.770— Limitation on liability of seller, seller’s agent and buyer’s agent for failure to disclose certain facts concerning property
  • NRS 40.2512— Unlawful detainer: Possession after default in payment of rent; exception
  • NRS 40.2514— Unlawful detainer: Assignment or subletting contrary to lease; waste; unlawful business; nuisance; violations of controlled substances laws
  • NRS 40.2516— Unlawful detainer: Possession after failure to perform conditions of lease; saving lease from forfeiture; recovery of possession following unlawful detainer
  • NRS 40.2542— Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant of commercial premises
  • NRS 40.2545— Unlawful detainer: Sealing of eviction case court file under certain circumstances; notice to surrender must not be made available for public inspection
  • NRS 40.4395— Limitations on foreclosure sales involving shutdown
  • NRS 40.4636— Limitations on amount of money judgment
  • NRS 40.4638— Circumstances under which action to enforce obligation is prohibited
  • NRS 40.4639— Period of limitation on commencement of civil action
  • NRS 40.6462— Access to residence or appurtenance with alleged defect after notice of defect is given
  • NRS 40.6472— Response to notice of defect: Time for sending; content; effect of election to repair or not to repair
  • NRS 40.6882— Complainant” defined
  • NRS 40.6884— Attorney required to consult expert; required affidavit of attorney; required report of expert
  • NRS 40.6885— Effect of compliance with or failure to comply with NRS 40.6884
  • NRS 40.6887— Submission of questions or disputes concerning defects to State Contractors’ Board; regulations