[Rev. 11/21/2013 9:38:46
AM--2013]
CHAPTER 118C - LANDLORD AND TENANT:
COMMERCIAL PREMISES
GENERAL PROVISIONS
NRS 118C.010 Definitions.
NRS 118C.020 “Abandoned
personal property” defined.
NRS 118C.030 “Action”
defined.
NRS 118C.040 “Commercial
premises” defined.
NRS 118C.050 “Court”
defined.
NRS 118C.060 “Landlord”
defined.
NRS 118C.070 “Owner”
defined.
NRS 118C.080 “Person”
defined.
NRS 118C.090 “Rent”
defined.
NRS 118C.100 “Rental
agreement” defined.
NRS 118C.110 “Tenant”
defined.
NRS 118C.150 Applicability.
RIGHTS AND OBLIGATIONS OF LANDLORDS AND TENANTS
NRS 118C.200 Basic
obligations of landlords; right to exclude tenant; remedies of tenant for
violation by landlord or landlord’s agent.
NRS 118C.210 Right
of tenant to recover possession; filing of complaint; restitution.
NRS 118C.220 Jurisdiction
of courts; applicability of judicial doctrines.
NRS 118C.230 Disposal
of abandoned property.
_________
GENERAL PROVISIONS
NRS 118C.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 118C.020 to 118C.110, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2011, 1485)
NRS 118C.020 “Abandoned personal property” defined. “Abandoned
personal property” means any personal property which is left unattended on
commercial premises after the termination of the tenancy and which is not
removed by the tenant or a person who has an ownership interest in the personal
property within 14 days after the date on which the landlord mailed, by
certified mail, return receipt requested, notice of the landlord’s intention to
dispose of the personal property, as required by paragraph (a) of subsection 1
of NRS 118C.230.
(Added to NRS by 2011, 1486)
NRS 118C.030 “Action” defined. “Action”
includes a counterclaim, crossclaim, third-party claim or any other proceeding
in which rights are determined.
(Added to NRS by 2011, 1486)
NRS 118C.040 “Commercial premises” defined. “Commercial
premises” means any real property other than premises as defined in NRS 118A.140.
(Added to NRS by 2011, 1486)
NRS 118C.050 “Court” defined. “Court”
means the district court, justice court or other court of competent
jurisdiction situated in the county or township wherein the commercial premises
are located.
(Added to NRS by 2011, 1486)
NRS 118C.060 “Landlord” defined. “Landlord”
means a person who provides commercial premises for use by another person
pursuant to a rental agreement.
(Added to NRS by 2011, 1486)
NRS 118C.070 “Owner” defined. “Owner”
means one or more persons, jointly or severally, in whom is vested:
1. All or part of the legal title to a
commercial premises, except a trustee under a deed of trust who is not in
possession of the commercial premises; or
2. All or part of the beneficial
ownership, and a right to present use and enjoyment of the commercial premises.
(Added to NRS by 2011, 1486)
NRS 118C.080 “Person” defined. “Person”
includes a government, a governmental agency and a political subdivision of a
government.
(Added to NRS by 2011, 1486)
NRS 118C.090 “Rent” defined. “Rent”
means all periodic payments to be made to the landlord for occupancy of commercial
premises, including, without limitation, all reasonable and actual late fees
set forth in the rental agreement.
(Added to NRS by 2011, 1486)
NRS 118C.100 “Rental agreement” defined. “Rental
agreement” means an agreement to lease or sublease commercial premises for a
term less than life which provides for the periodic payment of rent.
(Added to NRS by 2011, 1486)
NRS 118C.110 “Tenant” defined. “Tenant”
means a person who has the right to possess commercial premises pursuant to a
rental agreement.
(Added to NRS by 2011, 1486)
NRS 118C.150 Applicability. The
provisions of this chapter apply only to the relationship between landlords and
tenants of commercial premises.
(Added to NRS by 2011, 1486)
RIGHTS AND OBLIGATIONS OF LANDLORDS AND TENANTS
NRS 118C.200 Basic obligations of landlords; right to exclude tenant;
remedies of tenant for violation by landlord or landlord’s agent.
1. A landlord or a landlord’s agent may
not interrupt or cause the interruption of utility service paid for directly to
the utility company by a tenant unless the interruption results from
construction, bona fide repairs or an emergency.
2. A landlord may not remove:
(a) A door, window or attic hatchway cover;
(b) A lock, latch, hinge, hinge pin, doorknob or
other mechanism connected to a door, window or attic hatchway cover; or
(c) Furniture, fixtures or appliances furnished
by the landlord,
Ê from
commercial premises unless the landlord removes the item for a bona fide repair
or replacement. If a landlord removes any of the items listed in this
subsection for a bona fide repair or replacement, the repair or replacement
must be promptly performed.
3. A landlord may not intentionally
prevent a tenant from entering the commercial premises except by judicial
process unless the exclusion results from:
(a) Construction, bona fide repairs or an
emergency;
(b) Removing the contents of commercial premises
abandoned by a tenant; or
(c) Changing the door locks of a tenant who is
delinquent in paying at least part of the rent.
4. If a landlord or a landlord’s agent
changes the door lock of commercial premises leased to a tenant who is
delinquent in paying rent, the landlord or agent must, for a period of not less
than 5 business days, place a written notice on the front door of the
commercial premises stating the name and the address or telephone number of the
person or company from which the new key may be obtained. The new key is
required to be provided only during the regular business hours of the tenant
and only if the tenant pays the delinquent rent.
5. If a landlord or a landlord’s agent
violates this section, the tenant may:
(a) Recover possession of the commercial
premises; and
(b) Recover from the landlord an amount equal to
the sum of the tenant’s actual damages, 1 month’s rent or $500, whichever is
greater, reasonable attorney’s fees and court costs, less any delinquent rents
or other sums for which the tenant is liable to the landlord.
6. A rental agreement supersedes this
section to the extent of any conflict.
(Added to NRS by 2011, 1486)
NRS 118C.210 Right of tenant to recover possession; filing of complaint;
restitution.
1. If a landlord locks a tenant out of
commercial premises that are subject to a rental agreement in violation of NRS 118C.200, the tenant may recover possession of
the commercial premises as provided by this section.
2. A tenant must file with the justice
court of the township in which the commercial premises are located a verified
complaint for reentry, specifying the facts of the alleged unlawful lockout by
the landlord or the landlord’s agent. The tenant must also state orally under
oath to the court the facts of the alleged unlawful lockout.
3. If a tenant has complied with
subsection 2 and if the court reasonably believes an unlawful lockout may have
occurred, the court:
(a) Shall issue an order requiring the tenant to
post a bond in an amount equal to 1 month of rent; and
(b) Upon the posting of the bond, may issue, ex
parte, a temporary writ of restitution that entitles the tenant to immediate
and temporary possession of the commercial premises, pending a final hearing on
the tenant’s verified complaint for reentry.
4. A temporary writ of restitution must be
served on the landlord or the landlord’s agent in the same manner as a writ of
restitution in a forcible detainer action. A sheriff or constable may use reasonable
force in executing a temporary writ of restitution under this subsection.
5. The court shall hold a hearing on a
tenant’s verified complaint for reentry. A temporary writ of restitution must
notify the landlord of the pendency of the matter and the date of the hearing.
The hearing must be held not earlier than the first judicial day and not later
than the fifth judicial day after the date on which the court issues the
temporary writ of restitution.
6. A party may appeal from the court’s
judgment at the hearing on the verified complaint for reentry in the same
manner as a party may appeal a judgment in an action for forcible detainer.
7. If a writ of restitution is issued, the
writ supersedes a temporary writ of restitution.
8. If the landlord 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 landlord or the person on whom the writ was served, under chapter 22 of NRS.
9. This section does not affect a tenant’s
right to pursue a separate cause of action under NRS
118C.200.
10. If a tenant in bad faith files a sworn
complaint for reentry resulting in a writ of restitution being served on the
landlord or landlord’s agent, the landlord may in a separate cause of action
recover from the tenant an amount equal to actual damages, 1 month’s rent or
$500, whichever is greater, reasonable attorney’s fees, and costs of court,
less any sums for which the landlord is liable to the tenant.
11. This section does not affect the
rights of a landlord or tenant in a forcible detainer, unlawful detainer or
forcible entry and detainer action.
(Added to NRS by 2011, 1487)
NRS 118C.220 Jurisdiction of courts; applicability of judicial doctrines.
1. Except as otherwise provided in
subsection 2, the justice court has jurisdiction over any civil action or
proceeding concerning the exclusion of a tenant from commercial premises or the
summary eviction of a tenant from commercial premises in which no party is
seeking damages.
2. If a landlord combines an action for
summary eviction of a tenant from commercial premises with a claim to recover
contractual damages, jurisdiction over the claims rests with the court which
has jurisdiction over the amount in controversy.
3. The provisions of NRS 40.430 and the doctrines of res
judicata and collateral estoppel do not apply to:
(a) A claim by a landlord for contractual damages
which is brought subsequent to an action by the landlord for the summary
eviction of a tenant from commercial premises; or
(b) An action by a landlord for the summary
eviction of a tenant from commercial premises which is brought subsequent to a
claim by the landlord for contractual damages.
(Added to NRS by 2011, 1488)
NRS 118C.230 Disposal of abandoned property.
1. Except as otherwise provided in
subsection 3, a landlord who leases or subleases any commercial premises under
a rental agreement that has been terminated for any reason may, in accordance
with the following provisions, dispose of any abandoned personal property,
regardless of its character, left on the commercial premises without incurring
any civil or criminal liability:
(a) The landlord may dispose of the abandoned
personal property and recover his or her reasonable costs out of the abandoned
personal property or the value thereof if the landlord has notified the tenant
in writing of the landlord’s intention to dispose of the abandoned personal
property and 14 days have elapsed since the notice was mailed to the tenant.
The notice must be mailed, by certified mail, return receipt requested, to the
tenant at the tenant’s present address, and if that address is unknown, then at
the tenant’s last known address.
(b) The landlord may charge and collect the
reasonable and actual costs of inventory, moving and safe storage, if
necessary, before releasing the abandoned personal property to the tenant or
his or her authorized representative rightfully claiming the abandoned personal
property within the appropriate period set forth in paragraph (a).
(c) Vehicles must be disposed of in the manner
provided in chapter 487 of NRS for abandoned
vehicles.
2. A tenant of commercial premises is
presumed to have abandoned the premises if:
(a) Goods, equipment or other property, in an
amount substantial enough to indicate a probable intent to abandon the
commercial premises, is being or has been removed from the commercial premises;
and
(b) The removal is not within the normal course
of business of the tenant.
3. If a written agreement between a
landlord and a person who has an ownership interest in any abandoned personal
property of the tenant contains provisions which relate to the removal and
disposal of abandoned personal property, the provisions of the agreement
determine the rights and obligations of the landlord and the person with
respect to the removal and disposal of the abandoned personal property.
4. Any dispute relating to the amount of
the costs claimed by the landlord pursuant to paragraph (b) of subsection 1 may
be resolved using the procedure provided in subsection 7 of NRS 40.253.
(Added to NRS by 2011, 1488)