NRS107.0795. “Abandoned residential property” defined. [Effective through June 30, 2017.]

  As used in NRS 107.0795 to 107.140, inclusive, unless the context otherwise requires:

      1.  “Abandoned residential property” means residential real property:

      (a) Consisting of not more than four family dwelling units or a single-family residential unit, including, without limitation, a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units; and

      (b) That the grantor or the successor in interest of the grantor has surrendered as evidenced by a document signed by the grantor or successor confirming the surrender or by the delivery of the keys to the property to the beneficiary or that satisfies the following conditions:

             (1) The residential real property is not currently occupied as a principal residence by the grantor of the deed of trust, the person who holds title of record or any lawful occupant;

             (2) The obligation secured by the deed of trust is in default and the deficiency in performance or payment has not been cured;

             (3) The gas, electric and water utility services to the residential real property have been terminated;

             (4) It appears, after reasonable inquiry, that there are no children enrolled in school residing at the address of the residential real property;

             (5) Payments pursuant to the federal Social Security Act, including, without limitation, retirement and survivors’ benefits, supplemental security income benefits and disability insurance benefits, payments for unemployment compensation or payments for public assistance, as defined in NRS 422A.065, are not currently being delivered, electronically or otherwise, to a person who has registered the address of the residential real property as his or her residence with the agency making the payment;

             (6) An owner of the residential real property is not presently serving in the Armed Forces of the United States, a reserve component thereof or the National Guard; and

             (7) Two or more of the following conditions exist:

                   (I) Construction was initiated on the residential real property and was discontinued before completion, leaving a building unsuitable for occupancy, and no construction has taken place for at least 6 months;

                   (II) Multiple windows on the residential real property are boarded up or closed off or are smashed through, broken off or unhinged, or multiple window panes are broken and unrepaired;

                   (III) Doors on the residential real property are smashed through, broken off, unhinged or continuously unlocked;

                   (IV) The residential real property has been stripped of copper or other materials, or interior fixtures to the property have been removed;

                   (V) Law enforcement officials have received at least one report of trespassing or vandalism or other illegal acts being committed at the residential real property within the immediately preceding 6 months;

                   (VI) The residential real property has been declared unfit for occupancy and ordered to remain vacant and unoccupied under an order issued by a municipal or county authority or a court of competent jurisdiction;

                   (VII) The local police, fire or code enforcement authority has requested that the owner or any other interested or authorized party secure the residential real property because the local authority has declared the property to be an imminent danger to the health, safety and welfare of the public; or

                   (VIII) The residential real property is open and unprotected and in reasonable danger of significant damage resulting from exposure to the elements or vandalism.

      2.  The term does not include residential real property if:

      (a) There is construction, renovation or rehabilitation on the residential real property that is proceeding diligently to completion, and any building being constructed, renovated or rehabilitated on the property is in substantial compliance with all applicable ordinances, codes, regulations and laws;

      (b) The residential real property is occupied on a seasonal basis, but is otherwise secure;

      (c) There are bona fide rental or sale signs on the residential real property, or the property is listed on a Multiple Listing Service, and the property is secure; or

      (d) The residential real property is secure but is the subject of a probate action, action to quiet title or any other ownership dispute.

      (Added to NRS by 2013, 1544)