Senate Bill No. 39–Senator Cegavske (by request)

 

Prefiled January 30, 2003

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Referred to Committee on Judiciary

 

SUMMARY—Requires landlord to change entry locks of dwelling unit before delivering possession of dwelling unit to new tenant. (BDR 10‑592)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to property; requiring a landlord to change the entry locks of a dwelling unit before delivering possession of the dwelling unit to a new tenant; providing certain remedies to a new tenant if a landlord fails to change the entry locks of a dwelling unit before delivering possession of the dwelling unit to the new tenant; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 118A of NRS is hereby amended by

1-2  adding thereto the provisions set forth as sections 2 and 3 of this act.

1-3  Sec. 2.  Upon termination of a tenancy and before delivering

1-4  possession of a dwelling unit to a new tenant, the landlord shall

1-5  change the entry locks of the dwelling unit.

1-6  Sec. 3.  If a landlord fails to change the entry locks of a

1-7  dwelling unit before delivering possession of the dwelling unit to a

1-8  new tenant as required pursuant to section 2 of this act, the tenant

1-9  may recover damages and obtain injunctive relief.

1-10      Sec. 4.  NRS 118A.180 is hereby amended to read as follows:

1-11      118A.180  1.  Except as otherwise provided in subsection 2,

1-12  this chapter applies to, regulates and determines rights, obligations

1-13  and remedies under a rental agreement, wherever made, for a

1-14  dwelling unit or premises located within this state.

2-1  2.  This chapter does not apply to:

2-2  (a) A rental agreement subject to the provisions of chapter 118B

2-3  of NRS;

2-4  (b) Low-rent housing programs operated by public housing

2-5  authorities and established pursuant to the United States Housing

2-6  Act of 1937, 42 U.S.C. §§ 1437 et seq.;

2-7  (c) A person who owns and personally manages four or fewer

2-8  dwelling units, except with respect to the provisions of NRS

2-9  118A.200, 118A.300, 118A.340, 118A.380, 118A.450 and

2-10  118A.460[;] and section 2 of this act;

2-11      (d) Residence in an institution, public or private, incident to

2-12  detention or the provision of medical, geriatric, educational,

2-13  counseling, religious or similar service;

2-14      (e) Occupancy under a contract of sale of a dwelling unit or the

2-15  property of which it is a part, if the occupant is the purchaser or his

2-16  successor in interest;

2-17      (f) Occupancy by a member of a fraternal or social organization

2-18  in the portion of a structure operated for the benefit of the

2-19  organization;

2-20      (g) Occupancy in a hotel or motel for less than 30 consecutive

2-21  days unless the occupant clearly manifests an intent to remain for a

2-22  longer continuous period;

2-23      (h) Occupancy by an employee of a landlord whose right to

2-24  occupancy is solely conditional upon employment in or about the

2-25  premises;

2-26      (i) Occupancy by an owner of a condominium unit or by a

2-27  holder of a proprietary lease in a cooperative apartment; or

2-28      (j) Occupancy under a rental agreement covering premises used

2-29  by the occupant primarily for agricultural purposes.

 

2-30  H