reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.110 - Court to hear case; must not enter judgment by default; effect of final judgment.

1. When the summons has been served as provided in NRS 40.100 and the time for answering has expired, the court shall proceed to hear the case as in other cases and shall have jurisdiction to examine into and determine the legality of plaintiff’s title and of the title and claim of all the defendants and of all unknown persons, and to that end must not enter any judgment by default, but must in all cases require evidence of plaintiff’s title and possession and receive such legal evidence as may be offered respecting the claims and title of any of the defendants and must thereafter direct judgment to be entered in accordance with the evidence and the law. The court, before proceeding to hear the case, must require proof to be made that the summons has been served and posted as hereinbefore directed and that the required notice of pendency of action has been filed.
2. The judgment after it has become final shall be conclusive against all the persons named in the summons and complaint who have been served personally, or by publication, and against all unknown persons as stated in the complaint and summons who have been served by publication, but shall not be conclusive against the State of Nevada or the United States. The judgment shall have the effect of a judgment in rem except as against the State of Nevada and the United States; and the judgment shall not bind or be conclusive against any person claiming any recorded estate, title, right, possession or lien in or to the property under the plaintiff or the plaintiff’s predecessors in interest, which claim, lien, estate, title, right or possession has arisen or been created by the plaintiff or the plaintiff’s predecessor in interest within 10 years prior to the filing of the complaint.
[1911 CPA § 582; RL § 5524; NCL § 9071]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.120 - Remedy is cumulative.

The remedy provided in NRS 40.090, 40.100 and 40.110 shall be construed as cumulative and not exclusive of any other remedy, form or right of action or proceeding now allowed by law.
[1911 CPA § 583; RL § 5525; NCL § 9072]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.130 - Adverse action on mining claim.

In all actions brought to determine the right of possession of a mining claim, or metalliferous vein or lode, where an application has been made to the proper officers of the Government of the United States by either of the parties to such action for a patent for the mining claim, vein or lode, it shall only be necessary to confer jurisdiction on the court to try the action, and render a proper judgment therein, that it appear that an application for a patent for such mining claim, vein or lode has been made, and that the parties to the action are claiming such mining claim, vein or lode, or some part thereof, or the right of possession thereof.
[1911 CPA § 584; RL § 5526; NCL § 9073]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.150 - Action for waste; judgment may be for treble damages.

If a guardian, tenant for life or years, joint tenant or tenant in common of real property commit waste thereon, any person aggrieved by the waste may bring an action against the guardian or tenant who committed the waste, in which action there may be judgment for treble damages.
[1911 CPA § 563; RL § 5505; NCL § 9052]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.160 - Action for trespass for cutting or carrying away trees or wood; treble damages.

1. Any person who cuts down or carries off any wood or underwood, tree or timber, or girdles or otherwise injures any tree or timber on the land of another person, or on the street or highway in front of any person’s house, city or town lot, or cultivated grounds, or on the commons or public grounds of any city or town, or on the street or highway in front thereof, without lawful authority, is liable to the owner of such land, or to such city or town, for treble the amount of damages which may be assessed therefor, in a civil action in any court having jurisdiction.
2. Nothing in subsection 1 of this section authorizes the recovery of more than the just value of the timber taken from uncultivated woodland for the repair of a public highway or bridge upon the land, or adjoining it.
[1911 CPA § 564; RL § 5506; NCL § 9053] + [1911 CPA § 565; RL § 5507; NCL § 9054]—(NRS A 1983, 111)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.180 - Manner of working mine or mining claim; assessment of damages.

1. Any person being the owner of, or in possession under any lease or contract for the working of any mine or mines within this state, shall have the right to institute and maintain an action for the recovery of any damages that may accrue by reason of the manner in which any mine or mines have been or are being worked and managed by any person who may be the owner, or in possession of and working such mine or mines under a lease or contract, and to prevent the continuance of working and managing such mine or mines in such manner as to hinder, injure, or in anywise endanger the safety of any mine or mines adjacent or adjoining thereto.
2. Any such owner of, or person in the possession of, any mine or mining claim, who shall enter upon or into, in any manner, any mine or mining claim, the property of another, and mine, extract, excavate or carry away any valuable mineral therefrom shall be liable to the owner of any such mine or mines trespassed upon in the amount of the value of all such mineral mined, extracted, excavated or carried away, and for all other damages, and in the absence of a showing to the contrary, the value of all such mineral mined, extracted, excavated or carried away shall be presumed to be twice the amount of the gross value of the same ascertained by an average assay of the excavated material or the ledge from which it was taken. If such trespass was made in bad faith, such damages may be trebled.
[1911 CPA § 567; RL § 5509; NCL § 9056]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.190 - Continuation of judgment lien.

Any judgment obtained for damages under the provisions of NRS 40.180 shall become a lien upon all the property of the judgment debtor not exempt from execution in the State of Nevada, owned by the judgment debtor, or which may afterwards be acquired, as is now provided for by law, which lien shall continue 2 years, unless the judgment be sooner satisfied.
[1911 CPA § 568; RL § 5510; NCL § 9057]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.200 - Application for order of survey; notice and order; report of survey; costs of and damages caused by survey.

1. Any person named in NRS 40.180 and 40.190 shall have the right to apply for and obtain from any district court, or the judge thereof, an order of survey in the following manner: An application shall be made by filing the affidavit of the person making the application, which affidavit shall state, as near as can be described, the location of the mine or mines of the parties complained of, and as far as known, the names of such parties; also, the location of the mine or mines of the party making such application, and that the party has reason to believe, and does believe, that the parties complained of, their agent, or employees, are or have been trespassing upon the mine or mines of the party complaining, or are working their mine in such manner as to damage or endanger the property of the affiant.
2. Upon the filing of the affidavit as prescribed in subsection 1, the court or judge shall cause a notice to be given to the party complained of, or the agent thereof, which notice shall state the time, place, and before whom the application will be heard, and shall cite the party to appear in not less than 5 nor more than 10 days from the date thereof, to show cause why an order of survey should not be granted; and upon good cause shown, the court or judge shall grant such order, directed to some competent surveyor or surveyors, or to some competent mechanics, or miners, or both, as the case may be, who shall proceed to make the necessary examination as directed by the court and report the result and conclusions to the court, which report shall be filed with the clerk of the court.
3. The costs of the order and survey shall be paid by the persons making the application, unless such parties shall subsequently maintain an action and recover damages, as provided for in NRS 40.180, by reason of a trespass or damage done or threatened prior to such survey or examination having been made, and in that case, such costs shall be taxed against the defendant as other costs in the suit.
4. The parties obtaining such survey shall be liable for any unnecessary injury done to the property in the making of such survey.
[1911 CPA § 569; RL § 5511; NCL § 9058]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.210 - Order allowing party to survey and measure land in dispute; contents and service of order; liability for unnecessary injury.

1. The court in which an action is pending for the recovery of real property or for damages for an injury thereto, or a judge thereof, may, on motion, upon notice by either party for good cause shown, grant an order allowing to such party the right to enter upon the property and make survey and measurement thereof, for the purpose of the action, even though entry for such purpose has to be made through other lands belonging to parties to the action.
2. The order shall describe the property; a copy thereof shall be served on the owner or occupant, and thereupon such party may enter upon the property with necessary surveyors and assistants, and may make such survey and measurements; but if any unnecessary injury be done to the property the party shall be liable therefor.
[1911 CPA § 570; RL § 5512; NCL § 9059] + [1911 CPA § 571; RL § 5513; NCL § 9060]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.215 - Definitions.

As used in NRS 40.215 to 40.425, inclusive, unless the context requires otherwise:
1. "Dwelling" or "dwelling unit" means a structure or part thereof that is occupied, or designed or intended for occupancy, as a residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.
2. "Landlord’s agent" means a person who is hired or authorized by the landlord or owner of real property to manage the property or dwelling unit, to enter into a rental agreement on behalf of the landlord or owner of the property or who serves as a person within this State who is authorized to act for and on behalf of the landlord or owner for the purposes of service of process or receiving notices and demands. A landlord’s agent may also include a successor landlord or a property manager as defined in NRS 645.0195.
3. "Mobile home" means every vehicle, including equipment, which is constructed, reconstructed or added to in such a way as to have an enclosed room or addition occupied by one or more persons as a residence or sleeping place and which has no foundation other than wheels, jacks, skirting or other temporary support.
4. "Mobile home lot" means a portion of land within a mobile home park which is rented or held out for rent to accommodate a mobile home.
5. "Mobile home park" or "park" means an area or tract of land where two or more mobile homes or mobile home lots are rented or held out for rent. "Mobile home park" or "park" does not include those areas or tracts of land, whether within or outside of a park, where the lots are held out for rent on a nightly basis.
6. "Premises" includes a mobile home.
7. "Recreational vehicle" means a vehicular structure primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled or mounted upon or drawn by a motor vehicle.
8. "Recreational vehicle lot" means a portion of land within a recreational vehicle park, or a portion of land so designated within a mobile home park, which is rented or held out for rent to accommodate a recreational vehicle overnight or for less than 3 months.
9. "Recreational vehicle park" means an area or tract of land where lots are rented or held out for rent to accommodate a recreational vehicle overnight or for less than 3 months.
10. "Short-term tenancy" means a tenancy in which rent is reserved by a period of 1 week and the tenancy has not continued for more than 45 days.
(Added to NRS by 1969, 264; A 1979, 1877; 1981, 2037; 1989, 1081; 1997, 3510; 2015, 3117; 2017, 208; 2019, 3912; 2020, 32nd Special Session, 74)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.220 - Entry to be made only when legal and in peaceable manner.

No entry shall be made upon or into any real property or other possessions but in cases where entry is given by law; and in such cases, only in a peaceable manner, not with strong hand nor with multitude of people.
[1911 CPA § 643; RL § 5585; NCL § 9132]—(NRS A 2015, 3118)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.230 - Forcible entry defined; recovery of possession following forcible entry; treble damages.

1. Every person is guilty of a forcible entry who unlawfully enters any real property:
(a) By means of physical force resulting in damage to a structure on the real property;
(b) By any kind of violence or circumstance of terror; or
(c) Peaceably or otherwise and:
(1) Thereafter prevents the owner of the real property from access or occupancy of the property by changing a lock; or
(2) Turns out by force, threats of violence or menacing conduct, the owner of the real property or an occupant who is authorized by the owner to be in possession of the real property.
2. The owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property may seek to recover possession of the property pursuant to NRS 40.290 to 40.420, inclusive, after the expiration of the notice to surrender served by the owner, authorized representative of the owner or authorized occupant upon the person who committed the forcible entry. The notice must:
(a) Inform the person who committed the forcible entry that he or she is guilty of forcible entry; and
(b) Afford the person who committed the forcible entry 4 judicial days to surrender the property.
3. If an owner of real property or an authorized representative of the owner recovers damages for a forcible entry, judgment may be entered for three times the amount at which the actual damages are assessed. As used in this section, "actual damages" means damages to real property and personal property.
[1911 CPA § 644; RL § 5586; NCL § 9133]—(NRS A 2015, 3118)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.240 - Forcible detainer defined; recovery of possession following forcible detainer; treble damages.

1. Every person is guilty of a forcible detainer who either:
(a) Unlawfully holds and keeps the possession of any real property by force or threats of violence, or whether the possession was acquired peaceably or otherwise; or
(b) Enters any real property without the authority of the owner of the property, an authorized representative of the owner or an occupant who is authorized by the owner to be in possession of the real property and who, after receiving written notice to surrender pursuant to subsection 2, fails to surrender the property.
2. The owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property may seek to recover possession of the property pursuant to NRS 40.290 to 40.420, inclusive, after the expiration of the notice to surrender served by the owner or authorized occupant upon the person who committed the forcible detainer. The notice must:
(a) Inform the person who committed the forcible detainer that he or she is guilty of a forcible detainer; and
(b) Afford the person who committed the forcible detainer 4 judicial days to surrender the property.
3. If an owner of real property or an authorized representative of the owner recovers damages for a forcible detainer, judgment may be entered for three times the amount at which the actual damages are assessed. As used in this section, "actual damages" means damages to real property and personal property.
[1911 CPA § 645; RL § 5587; NCL § 9134]—(NRS A 2015, 3119)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.250 - Unlawful detainer: Possession after expiration of term.

A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when the tenant continues in possession, in person or by subtenant, of the property or mobile home or any part thereof, after the expiration of the term for which it is let to the tenant. In all cases where real property is leased for a specified term or period, or by express or implied contract, whether written or parol, the tenancy terminates without notice at the expiration of the specified term or period.
[1911 CPA § 646; A 1917, 31; 1919 RL § 5588; NCL § 9135]—(NRS A 1969, 262, 574; 1973, 1084; 1977, 1344; 1979, 1877; 1985, 227)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.2512 - Unlawful detainer: Possession after default in payment of rent; exception.

1. Except as otherwise provided in subsection 2, a tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when the tenant continues in possession, in person or by subtenant, after default in the payment of any rent and after a notice in writing, requiring in the alternative the payment of the rent or the surrender of the detained premises, remains uncomplied with for a period of:
(a) Five days for a commercial premises;
(b) Seven judicial days for real property other than a commercial premises; or
(c) Ten days for a mobile home lot,
after service thereof. The notice may be served at any time after the rent becomes due.
2. Except as otherwise provided in NRS 118A.315, the provisions of subsection 1 do not apply to a person who provides to the landlord proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.
(Added to NRS by 1985, 226; A 2019, 3178, 3912; 2020, 32nd Special Session, 5)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.2514 - Unlawful detainer: Assignment or subletting contrary to lease; waste; unlawful business; nuisance; violations of controlled substances laws.

A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when the tenant:
1. Assigns or sublets the leased premises contrary to the covenants of the lease;
2. Commits or permits waste thereon;
3. Sets up or carries on therein or thereon any unlawful business;
4. Suffers, permits or maintains on or about the premises any nuisance that consists of conduct or an ongoing condition which constitutes an unreasonable obstruction to the free use of property and causes injury and damage to other tenants or occupants of that property or adjacent buildings or structures; or
5. Violates any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, therein or thereon,
and remains in possession after service upon the tenant of 3 days’ notice to surrender.
(Added to NRS by 1985, 226; A 1989, 1232; 2001, 1065; 2003, 561; 2007, 1287)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.2516 - Unlawful detainer: Possession after failure to perform conditions of lease; saving lease from forfeiture; recovery of possession following unlawful detainer.

1. A tenant of real property, a dwelling unit, a recreational vehicle or a mobile home other than a mobile home lot or a recreational vehicle lot for a term less than life is guilty of an unlawful detainer when the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform any condition or covenant of the lease or agreement under which the real property, dwelling unit, recreational vehicle or mobile home is held, other than those mentioned in NRS 40.250 to 40.254, inclusive, and after notice in writing, requiring in the alternative the performance of the condition or covenant or the surrender of the real property, dwelling unit, recreational vehicle or mobile home, served upon the tenant, and, if there is a subtenant in actual occupation of the premises or property, also upon the subtenant, remains uncomplied with for 5 days after the service thereof. Within 5 days after the service, the tenant, or any subtenant in actual occupation of the premises or property, or any mortgagee of the term, or other person, interested in its continuance, may perform the condition or covenant and thereby save the lease from forfeiture; but if the covenants and conditions of the lease, violated by the lessee, cannot afterwards be performed, then no notice need be given.
2. If a tenant is guilty of an unlawful detainer pursuant to this section, the landlord may seek to recover possession of the real property, dwelling unit, recreational vehicle or mobile home pursuant to the provisions of NRS 40.254 or 40.290 to 40.420, inclusive.
(Added to NRS by 1985, 226; A 2015, 3119)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › 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.

For the purposes of NRS 40.250 to 40.252, inclusive, and NRS 40.254:
1. It is unlawful for a landlord to attempt by contract or other agreement to shorten the specified periods of notice and any such contract or agreement is void.
2. Notice to surrender the premises which was given by one colessor of real property or a mobile home is valid unless it is affirmatively shown that one or more of the other colessors did not authorize the giving of the notice.
(Added to NRS by 1985, 227)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.254 - Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property.

1. Except as otherwise provided by specific statute, in addition to the remedy provided in NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling unit, part of a low-rent housing program operated by a public housing authority, a mobile home or a recreational vehicle is guilty of an unlawful detainer pursuant to NRS 40.250, 40.251, 40.2514 or 40.2516, the landlord or the landlord’s agent may utilize the summary procedures for eviction as provided in NRS 40.253 except that written notice to surrender the premises must:
(a) Be given to the tenant in accordance with the provisions of NRS 40.280;
(b) Advise the tenant of the court that has jurisdiction over the matter; and
(c) Advise the tenant of the tenant’s right to:
(1) Contest the notice by filing before the court’s close of business on the fifth judicial day after the day of service of the notice an affidavit with the court that has jurisdiction over the matter stating the reasons why the tenant is not guilty of an unlawful detainer; or
(2) Request that the court stay the execution of the order for removal of the tenant or order providing for nonadmittance of the tenant for a period not exceeding 10 days pursuant to subsection 2 of NRS 70.010, stating the reasons why such a stay is warranted.
2. The affidavit of the landlord or the landlord’s agent submitted to the justice court or the district court must state or contain:
(a) The date when the tenancy commenced, the term of the tenancy and, if any, a copy of the rental agreement. If the rental agreement has been lost or destroyed, the landlord or the landlord’s agent may attach an affidavit or declaration, signed under penalty of perjury, stating such loss or destruction.
(b) The date when the tenancy or rental agreement allegedly terminated.
(c) The date when written notice to surrender was given to the tenant pursuant to the provisions of NRS 40.251, 40.2514 or 40.2516, together with any facts supporting the notice.
(d) The date when the written notice was given, a copy of the notice and a statement that notice was served in accordance with NRS 40.280 and, if applicable, a copy of the notice of change of ownership served on the tenant pursuant to NRS 40.255 if the property has been purchased as a residential foreclosure.
(e) A statement that the claim for relief was authorized by law.
3. If the tenant is found guilty of unlawful detainer as a result of the tenant’s violation of any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, the landlord is entitled to be awarded any reasonable attorney’s fees incurred by the landlord or the landlord’s agent as a result of a hearing, if any, held pursuant to subsection 6 of NRS 40.253 wherein the tenant contested the eviction.
(Added to NRS by 1985, 227; A 1989, 1084, 1234; 1991, 115; 1995, 1853; 2001, 1065; 2003, 561; 2015, 3120)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.260 - Tenant of agricultural lands may hold over if not notified.

In all cases of tenancy upon agricultural land where the tenant has held over and retained possession for more than 60 days after the expiration of the tenant’s term, without any demand of possession or notice to surrender by the landlord, or the successor in estate of the landlord, if any there be, the tenant shall be deemed to be holding by permission of the landlord, or the successor in the estate of the landlord, if any there be, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during the year, and such holding over for the period aforesaid shall be taken and construed as a consent on the part of the tenant to hold for another year.
[1911 CPA § 647; RL § 5589; NCL § 9136]—(NRS A 2015, 3122)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.270 - Tenant has similar remedies against subtenant.

A tenant may take proceedings similar to those prescribed in this chapter to obtain possession of the premises let to any subtenant in case of the subtenant’s unlawful detention of the premises let by the tenant to the subtenant.
[1911 CPA § 648; RL § 5590; NCL § 9137]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.290 - Parties defendant; persons bound by judgment.

No person other than the tenant of the premises and the subtenant, if there be one, in actual occupation of the premises when the action is commenced, need be made parties defendant in the proceeding, nor shall any proceeding abate nor the plaintiff be nonsuited for the nonjoinder of any person who might have been made a party defendant; but when it appears that any of the parties served with process or appearing in the proceeding is guilty of the offense charged, judgment must be rendered against the party. In case a person has become subtenant of the premises in controversy after the service of any notice in this chapter provided for, the fact that such notice was not served on such subtenant shall constitute no defense to the action. All persons who enter under the tenant, after the commencement of the action hereunder, shall be bound by the judgment the same as if they had been made parties to the action.
[1911 CPA § 650; RL § 5592; NCL § 9139]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.300 - Contents of complaint; issuance and service of summons; temporary writ of restitution; notice, hearing and bond.

1. The plaintiff in his or her complaint, which shall be in writing, must set forth the facts on which the plaintiff seeks to recover, and describe the premises with reasonable certainty and may set forth therein any circumstances of fraud, force or violence which may have accompanied the alleged forcible entry, or forcible or unlawful detainer, and claim damages therefor, or compensation for the occupation of the premises or both. In case the unlawful detainer charged be after default in the payment of rent, the complaint must state the amount of such rent.
2. The summons shall be issued and served as in other cases, but the court, judge or justice of the peace may shorten the time within which the defendant shall be required to appear and defend the action, in which case the officer or person serving the summons shall change the prescribed form thereof to conform to the time of service as ordered; but where publication is necessary the court shall direct publication for a period of not less than 1 week.
3. At any time after the filing of the complaint and issuance of summons, the court, upon application therefor, may issue a temporary writ of restitution; provided:
(a) That the temporary writ of restitution shall not issue ex parte but only after the issuance and service of an order to show cause why a temporary writ of restitution shall not be issued and after the defendant has been given an opportunity to oppose the issuance of the temporary writ of restitution.
(b) That the temporary writ of restitution shall not issue until the court has had an opportunity to ascertain the facts sufficiently to enable it to estimate the probable loss to the defendant and fix the amount of a bond to indemnify the party or parties against whom the temporary writ may be issued.
(c) That the temporary writ of restitution shall not issue until there has been filed with the approval of the court a good and sufficient bond of indemnification in the amount fixed by the court.
[1911 CPA § 651; A 1939, 171; 1951, 251]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.310 - Issue of fact to be tried by jury if proper demand made.

Whenever an issue of fact is presented by the pleadings, it shall be tried by a jury, if proper demand is made pursuant to the Nevada Rules of Civil Procedure or the Justice Court Rules of Civil Procedure.
[1911 CPA § 652; RL § 5594; NCL § 9141]—(NRS A 1975, 1203)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.320 - Proof required of plaintiff and defendant on trial.

1. On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that the plaintiff was peaceably in the actual possession at the time of the forcible entry, or was entitled to possession at the time of the forcible detainer.
2. The defendant may show in defense that the defendant or the defendant’s ancestors, or those whose interest in such premises the defendant claims, have been in the quiet possession thereof for the space of 1 whole year together next before the commencement of the proceedings, and that the defendant’s interest therein is not then ended or determined, and such showing is a bar to the proceedings.
[1911 CPA § 653; RL § 5595; NCL § 9142]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.330 - Amendment of complaint to conform to proof; continuance.

When, upon the trial of any proceeding under NRS 40.220 to 40.420, inclusive, it appears from the evidence that the defendant has been guilty of either a forcible entry or forcible or unlawful detainer, and other than the offense charged in the complaint, the judge must order that such complaint be forthwith amended to conform to such proofs. Such amendment must be without any imposition of terms. No continuance must be permitted upon account of such amendment, unless the defendant, by affidavit filed, shows to the satisfaction of the court good cause therefor.
[1911 CPA § 654; RL § 5596; NCL § 9143]—(NRS A 2015, 3124)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.340 - Adjournments.

The court or justice of the peace may for good cause shown adjourn the trial of any cause under NRS 40.220 to 40.420, inclusive, not exceeding 5 days; and when the defendant, or the defendant’s agent or attorney, shall make oath that the defendant cannot safely proceed to trial for want of some material witness, naming that witness, stating the evidence that the defendant expects to obtain, showing that the defendant has used due diligence to obtain such witness and believes that if an adjournment be allowed the defendant will be able to procure the attendance of such witness, or the witness’s deposition, in time to produce the same upon the trial, in which case, if such person or persons will give bond, with one or more sufficient sureties, conditioned to pay the plaintiff for all rent that may accrue during the pending of such suit, and all costs and damages consequent upon such adjournment, the court or justice of the peace shall adjourn the cause for such reasonable time as may appear necessary, not exceeding 30 days.
[1911 CPA § 655; RL § 5597; NCL § 9144]—(NRS A 2015, 3125)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.350 - Trial not to be adjourned when plaintiff admits evidence in affidavit would be given.

If the plaintiff admits that the evidence stated in the affidavit mentioned in NRS 40.340 would be given by such witness, and agrees that it be considered as actually given on the trial, or offered and overruled as improper, the trial shall not be adjourned.
[1911 CPA § 656; RL § 5598; NCL § 9145]—(NRS A 2015, 3125)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.360 - Judgment; damages; execution and enforcement.

1. Judgment. If, upon the trial, the verdict of the jury, or, if the case be tried without a jury, the finding of the court, be in favor of the plaintiff and against the defendant, judgment shall be entered for the restitution of the premises; and, if the proceeding be for unlawful detainer after neglect or failure to perform any condition or covenant of the lease or agreement under which the property is held, or after default in the payment of rent, the judgment shall also declare the forfeiture of such lease or agreement.
2. Damages. The jury or the court, if the proceeding be tried without a jury, shall also assess the damages occasioned to the plaintiff by any forcible entry, or by any forcible or unlawful detainer, and any amount found due the plaintiff by reason of waste of the premises by the defendant during the tenancy, alleged in the complaint and proved on the trial, and find the amount of any rent due, if the alleged unlawful detainer be after default in the payment of rent; and the judgment shall be rendered against the defendant guilty of the forcible entry, or forcible or unlawful detainer, for the rent and for three times the amount of the damages thus assessed.
3. Execution and enforcement. When the proceeding is for an unlawful detainer after default in the payment of the rent, and the lease or agreement under which the rent is payable has not by its terms expired, execution upon the judgment shall not be issued until the expiration of 5 days after the entry of the judgment, within which time the tenant, or any subtenant, or any mortgagee of the term, or other party interested in its continuance, may pay into court for the landlord the amount of the judgment and costs, and thereupon the judgment shall be satisfied and the tenant be restored to the tenant’s estate; but, if payment, as herein provided, be not made within the 5 days, the judgment may be enforced for its full amount and for the possession of the premises. In all other cases the judgment may be enforced immediately.
[1911 CPA § 657; RL § 5599; NCL § 9146]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.380 - Provisions governing appeals.

Either party may, within 10 days, appeal from the judgment rendered. But an appeal by the defendant shall not stay the execution of the judgment, unless, within the 10 days, the defendant shall execute and file with the court or justice the defendant’s undertaking to the plaintiff, with two or more sureties, in an amount to be fixed by the court or justice, but which shall not be less than twice the amount of the judgment and costs, to the effect that, if the judgment appealed from be affirmed or the appeal be dismissed, the appellant will pay the judgment and the cost of appeal, the value of the use and occupation of the property, and damages justly accruing to the plaintiff during the pendency of the appeal. Upon taking the appeal and filing the undertaking, all further proceedings in the case shall be stayed.
[1911 CPA § 659; RL § 5601; NCL § 9148]
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.385 - Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay.

1. Either party may appeal an order entered pursuant to NRS 40.253, 40.254 or 40.2542 by filing a notice of appeal within 10 judicial days after the date of entry of the order.
2. Except as otherwise provided in this section, a stay of execution may be obtained by filing with the trial court a bond in the amount of $250 to cover the expected costs on appeal. A surety upon the bond submits to the jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the surety’s agent upon whom papers affecting the surety’s liability upon the bond may be served. Liability of a surety may be enforced, or the bond may be released, on motion in the appellate court without independent action. A tenant of commercial property may obtain a stay of execution only upon the issuance of a stay pursuant to Rule 8 of the Nevada Rules of Appellate Procedure and the posting of a supersedeas bond in the amount of 100 percent of any unpaid rent claim of the landlord.
3. A tenant who retains possession of the premises that are the subject of the appeal during the pendency of the appeal shall pay to the landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. If the tenant fails to pay such rent, the landlord may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253, 40.254 or 40.2542.
(Added to NRS by 1997, 3510; A 2011, 1492; 2019, 224, 3921)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.390 - Appellate court not to dismiss or quash proceedings for want of form.

In all cases of appeal under NRS 40.220 to 40.420, inclusive, the appellate court shall not dismiss or quash the proceedings for want of form, provided the proceedings have been conducted substantially according to the provisions of NRS 40.220 to 40.420, inclusive; and amendments to the complaint, answer or summons, in matters of form only, may be allowed by the court at any time before final judgment upon such terms as may be just; and all matters of excuse, justification or avoidance of the allegations in the complaint may be given in evidence under the answer.
[1911 CPA § 660; RL § 5602; NCL § 9149]—(NRS A 2015, 3125)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.400 - Rules of practice.

The provisions of NRS, Nevada Rules of Civil Procedure, Justice Court Rules of Civil Procedure and Nevada Rules of Appellate Procedure relative to civil actions, appeals and new trials, so far as they are not inconsistent with the provisions of NRS 40.220 to 40.420, inclusive, apply to the proceedings mentioned in those sections.
[1911 CPA § 661; RL § 5603; NCL § 9150]—(NRS A 2015, 3125)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning 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.

1. If the owner of a dwelling or an authorized representative of the owner locks an occupant out of the dwelling pursuant to NRS 40.412, the occupant may recover possession of the dwelling as provided in this section.
2. The occupant must file with the justice court of the township in which the dwelling is located a verified complaint for reentry, specifying:
(a) The facts of the lockout by the owner of the dwelling or the authorized representative of the owner; and
(b) The legal basis upon which reentry into the dwelling is warranted.
3. The court shall, after notice to both parties, hold a trial on the occupant’s verified complaint for reentry not later than 10 judicial days after the date on which the occupant files the verified complaint for reentry.
4. If the court finds that an unjustified lockout has occurred, the court must issue a writ of restitution, restoring possession of the dwelling to the occupant.
5. A party may appeal from the court’s judgment at the trial on the verified complaint for reentry in the same manner as a party may appeal a judgment in an action for forcible detainer.
6. If the owner of the dwelling or the person on whom a writ of restitution is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the owner or the person on whom the writ was served, under chapter 22 of NRS.
7. This section does not affect:
(a) The right of any party to pursue a separate cause of action under this chapter or chapter 118A of NRS if the court finds that a landlord and tenant relationship exists between the parties; or
(b) The rights of an owner or occupant in a forcible detainer, unlawful detainer or forcible entry and detainer action.
(Added to NRS by 2015, 3117)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.420 - Form of writ of restitution; execution.

1. The writ of restitution issued by a justice of the peace must be substantially in the following form:
The State of Nevada to the sheriff or constable of the county of ................, greeting: Whereas, A.B., of the county of ................, at a court of inquiry of an unlawful holding over of (lands) (tenements) (a mobile home), and other possessions, held at my office (stating the place), in the county aforesaid, on the ........ day of .............., A.D. ....., before me, a justice of the peace for the county aforesaid, by the consideration of the court, has recovered judgment against C.D., to have restitution of (here describe the premises as in the complaint). You are therefore commanded, that taking with you the force of the county, if necessary, you cause C.D. to be immediately removed from the premises, and A.B. to have peaceable restitution of the premises. You are also commanded that of the goods and chattels of C.D., within said county, which are not exempt from execution, you cause to be made the sum of ........ dollars for the plaintiff, together with the costs of suit endorsed hereon, and make return of this writ within 30 days after this date. Given under my hand, this ........ day of ........, A.D. ..... E.F., justice of the peace.
2. The sheriff or constable shall execute the writ in the same manner as required by the provisions of chapter 21 of NRS for writs of execution.
[1911 CPA § 663; RL § 5605; NCL § 9152]—(NRS A 1969, 264; 1989, 1144)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.425 - Notice of execution on writ of restitution.

1. Execution on the writ of restitution may occur only if the sheriff serves the judgment debtor with notice of the execution and a copy of the writ in the manner described in NRS 21.076. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions. The clerk of the court shall attach the notice to the writ at the time the writ is issued.
2. The notice required pursuant to subsection 1 must be in the form and served in the manner provided for execution on judgments pursuant to NRS 21.075 and 21.076.
(Added to NRS by 1989, 1144)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.426 - Definitions.

As used in NRS 40.426 to 40.495, inclusive, unless the context otherwise requires, the words and terms defined in NRS 40.427, 40.428 and 40.429 have the meanings ascribed to them in those sections.
(Added to NRS by 2015, 3336; A 2017, 1115; 2019, 3181)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.427 - "Foreclosure sale" defined.

"Foreclosure sale" means the sale of real property to enforce an obligation secured by a mortgage or lien on the property, including the exercise of a trustee’s power of sale pursuant to NRS 107.080.
(Added to NRS by 2015, 3336)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.428 - Mortgage or other lien" defined.

"Mortgage or other lien" includes a deed of trust, but does not include a lien which arises pursuant to chapter 108 of NRS, pursuant to an assessment under chapter 116, 116B, 117, 119A or 278A of NRS or pursuant to a judgment or decree of any court of competent jurisdiction.
(Added to NRS by 2015, 3336)
2023 Nevada Revised Statutes › Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property › NRS 40.429 - Sale in lieu of a foreclosure sale" defined.

"Sale in lieu of a foreclosure sale" means a sale of real property pursuant to an agreement between a person to whom an obligation secured by a mortgage or other lien on real property is owed and the debtor of that obligation in which the sales price of the real property is insufficient to pay the full outstanding balance of the obligation and the costs of the sale. The term includes, without limitation, a deed in lieu of a foreclosure sale.
(Added to NRS by 2015, 3336)