Senate Bill No. 128–Committee on Judiciary

 

CHAPTER..........

 

AN ACT relating to property; allowing a tenant to recover immediate possession of the premises from a landlord under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. NRS 118A.390 is hereby amended to read as

follows:

    118A.390  1.  If the landlord unlawfully removes the tenant

from the premises or excludes the tenant by blocking or attempting

to block his entry upon the premises or willfully interrupts or causes

or permits the interruption of any essential service required by the

rental agreement or this chapter, the tenant may recover immediate

possession[,] pursuant to subsection 4, proceed under NRS

118A.380 or terminate the rental agreement and, in addition to any

other remedy, recover his actual damages, receive an amount not

greater than $1,000 to be fixed by the court, or both.

    2.  In determining the amount, if any, to be awarded under

subsection 1, the court shall consider:

    (a) Whether the landlord acted in good faith;

    (b) The course of conduct between the landlord and the tenant;

and

    (c) The degree of harm to the tenant caused by the landlord’s

conduct.

    3.  If the rental agreement is terminated[,] pursuant to

subsection 1, the landlord shall return all prepaid rent and security

recoverable under this chapter.

    4.  Except as otherwise provided in subsection 5, the tenant

may recover immediate possession of the premises from the

landlord by filing a verified complaint for expedited relief for the

unlawful removal or exclusion of the tenant from the premises or

the willful interruption of essential services.

    5.  A verified complaint for expedited relief:

    (a) Must be filed with the court within 5 judicial days after the

date of the unlawful act by the landlord, and the verified

complaint must be dismissed if it is not timely filed. If the verified

complaint for expedited relief is dismissed pursuant to this

paragraph, the tenant retains the right to pursue all other

available remedies against the landlord.

    (b) May not be filed with the court if an action for summary

eviction or unlawful detainer is already pending between the

landlord and tenant, but the tenant may seek similar relief before

the judge presiding over the pending action.

    6.  The court shall conduct a hearing on the verified

complaint for expedited relief within 3 judicial days after the filing

of the verified complaint for expedited relief. Before or at the

scheduled hearing, the tenant must provide proof that the landlord

has been properly served with a copy of the verified complaint for

expedited relief. Upon the hearing, if it is determined that the

landlord has violated any of the provisions of subsection 1, the

court may:

    (a) Order the landlord to restore to the tenant the premises or

essential services, or both;

    (b) Award damages pursuant to subsection 1; and

    (c) Enjoin the landlord from violating the provisions of

subsection 1 and, if the circumstances so warrant, hold the

landlord in contempt of court.

    7.  The payment of all costs and official fees must be deferred

for any tenant who files a verified complaint for expedited relief.

After any hearing and not later than final disposition of the filing

or order, the court shall assess the costs and fees against the party

that does not prevail, except that the court may reduce them or

waive them, as justice may require.

 

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