Nevada Revised Statutes (Last Updated: December 24, 2014) |
TITLE3 REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS |
CHAPTER40. Actions and Proceedings in Particular Cases Concerning Property |
GENERAL PROVISIONS |
NRS 40.005. Zoning requirements to be considered by court. |
ACTIONS TO DETERMINE CONFLICTING CLAIMS TO REAL PROPERTY |
NRS 40.010. Actions may be brought against adverse claimants. |
NRS 40.020. Plaintiff not entitled to costs on default judgment or disclaimer. |
NRS 40.030. Plaintiff may recover damages for property withheld where plaintiff’s right terminated during pendency of action. |
NRS 40.040. Value of permanent improvements to be allowed as setoff. |
NRS 40.050. Mortgage not deemed conveyance. |
NRS 40.060. Court may enjoin injury to property during foreclosure. |
NRS 40.070. Damages may be recovered for injury to possession after sale and before delivery. |
NRS 40.080. Action not to be prejudiced by alienation pending suit. |
NRS 40.090. Action by person in adverse possession: Verified complaint; defendants; notice of pending litigation. |
NRS 40.100. Action by person in adverse possession: Issuance, service and posting of summons; rights of unknown persons. |
NRS 40.110. Court to hear case; must not enter judgment by default; effect of final judgment. |
NRS 40.120. Remedy is cumulative. |
NRS 40.130. Adverse action on mining claim. |
ACTIONS FOR NUISANCE, WASTE AND WILLFUL TRESPASS ON REAL PROPERTY |
NRS 40.140. Nuisance defined; action for abatement and damages; exceptions. |
NRS 40.150. Action for waste; judgment may be for treble damages. |
NRS 40.160. Action for trespass for cutting or carrying away trees or wood; treble damages. |
NRS 40.170. Damages in actions for forcible or unlawful entry may be trebled. |
NRS 40.180. Manner of working mine or mining claim; assessment of damages. |
NRS 40.190. Continuation of judgment lien. |
NRS 40.200. Application for order of survey; notice and order; report of survey; costs of and damages caused by survey. |
NRS 40.210. Order allowing party to survey and measure land in dispute; contents and service of order; liability for unnecessary injury. |
SUMMARY PROCEEDINGS FOR OBTAINING POSSESSION OF REAL PROPERTY, RECREATIONAL VEHICLE OR MOBILE HOME |
NRS 40.215. Definitions. |
NRS 40.220. Entry to be made only when legal and in peaceable manner. |
NRS 40.230. Forcible entry defined. |
NRS 40.240. Forcible detainer defined. |
NRS 40.250. Unlawful detainer: Possession after expiration of term. |
NRS 40.2512. Unlawful detainer: Possession after default in payment of rent. |
NRS 40.2514. Unlawful detainer: Assignment or subletting contrary to lease; waste; unlawful business; nuisance; violations of controlled substances laws. |
NRS 40.2516. Unlawful detainer: Possession after failure to perform conditions of lease; saving lease from forfeiture. |
NRS 40.253. Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent. |
NRS 40.254. Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property. |
NRS 40.260. Tenant of agricultural lands may hold over if not notified. |
NRS 40.270. Tenant has similar remedies against subtenant. |
NRS 40.280. Service of notices to quit; proof required before issuance of order to remove. |
NRS 40.290. Parties defendant; persons bound by judgment. |
NRS 40.300. Contents of complaint; issuance and service of summons; temporary writ of restitution; notice, hearing and bond. |
NRS 40.310. Issue of fact to be tried by jury if proper demand made. |
NRS 40.320. Proof required of plaintiff and defendant on trial. |
NRS 40.330. Amendment of complaint to conform to proof; continuance. |
NRS 40.340. Adjournments. |
NRS 40.350. Trial not to be adjourned when complainant admits evidence in affidavit would be given. |
NRS 40.360. Judgment; damages; execution and enforcement. |
NRS 40.370. Verification of complaint and answer. |
NRS 40.380. Provisions governing appeals. |
NRS 40.385. Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay. |
NRS 40.390. Appellate court not to dismiss or quash proceedings for want of form. |
NRS 40.400. Rules of practice. |
NRS 40.420. Form of writ of restitution; execution. |
NRS 40.425. Notice of execution on writ of restitution. |
ACTIONS FOR FORECLOSURE OF REAL MORTGAGES |
NRS 40.430. Action for recovery of debt secured by mortgage or other lien; “action” defined. |
NRS 40.433. “Mortgage or other lien” defined. |
NRS 40.435. Judicial proceedings in violation of NRS 40.430; provisions of NRS 40.430 as an affirmative defense. |
NRS 40.437. Additional requirements for action affecting owner-occupied housing: Notice; form; election of mediation; rules concerning mediation; applicability. |
NRS 40.440. Disposition of surplus money. |
NRS 40.450. Proceedings when debt secured falls due at different times. |
FORECLOSURE SALES AND DEFICIENCY JUDGMENTS |
NRS 40.451. “Indebtedness” defined. |
NRS 40.453. Waiver of rights in documents relating to sale of real property against public policy and unenforceable; exception. |
NRS 40.455. Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust; exceptions. |
NRS 40.457. Hearing before award of deficiency judgment; appraisal of property sold. |
NRS 40.458. Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust prohibited under certain circumstances. |
NRS 40.459. Limitations on amount of money judgment. |
NRS 40.462. Distribution of proceeds of foreclosure sale. |
NRS 40.463. Agreement for assistance in recovering proceeds of foreclosure sale due to debtor or successor in interest; requirements for enforceable agreement; fee must be reasonable. |
ACTIONS BY HOLDERS OF JUNIOR REAL MORTGAGES AFTER FORECLOSURE SALES |
NRS 40.4631. Definitions. |
NRS 40.4632. “Foreclosure sale” defined. |
NRS 40.4633. “Mortgage or other lien” defined. |
NRS 40.4634. “Sale in lieu of a foreclosure sale” defined. |
NRS 40.4636. Limitations on amount of money judgment. |
NRS 40.4638. Circumstances under which action to enforce obligation is prohibited. |
NRS 40.4639. Period of limitation on commencement of civil action. |
MAINTENANCE OF PROPERTY ACQUIRED AT FORECLOSURE SALE |
NRS 40.464. Duty to maintain vacant residential property acquired at foreclosure sale; notice of violation; proceedings for enforcement; civil penalties. |
RIGHTS OF GUARANTOR, SURETY OR OBLIGOR IN REAL PROPERTY |
NRS 40.465. “Indebtedness” defined. |
NRS 40.475. Remedy against mortgagor or grantor; assignment of creditor’s rights to guarantor, surety or obligor. |
NRS 40.485. Interest in proceeds of secured indebtedness upon partial satisfaction of indebtedness. |
NRS 40.495. Waiver of rights; separate action to enforce obligation; limitation on amount of judgment; available defenses. |
ENVIRONMENTAL IMPAIRMENT OF REAL COLLATERAL OF SECURED LENDER |
NRS 40.501. Definitions. |
NRS 40.502. “Environmental provision” defined. |
NRS 40.503. “Environmentally impaired” defined. |
NRS 40.504. “Hazardous substance” defined. |
NRS 40.505. “Release” defined. |
NRS 40.506. “Secured lender” defined. |
NRS 40.507. Right of entry and inspection of real collateral. |
NRS 40.508. Action by secured lender concerning environmental provision. |
NRS 40.509. Limitation on amount of damages recoverable in action concerning environmental provision; recovery of interest. |
NRS 40.511. Exceptions to applicability of NRS 40.507 and 40.508. |
NRS 40.512. Environmental impairment of real collateral: Waiver of lien; notice of waiver; exception; recording of waiver. |
PROCEEDINGS TO ESTABLISH TERMINATION OF LIFE ESTATES |
NRS 40.515. Petition, notice, hearing and order. |
METHODS OF TERMINATION OF INTERESTS OF DECEASED PERSONS IN PROPERTY |
NRS 40.525. Petition; notice; hearing and order; alternative method. |
NRS 40.535. Affidavit or petition may be filed in probate proceeding. |
ACTIONS RESULTING FROM CONSTRUCTIONAL DEFECT |
General Provisions |
NRS 40.600. Definitions. |
NRS 40.603. “Amend a complaint to add a cause of action for a constructional defect” defined. |
NRS 40.605. “Appurtenance” defined. |
NRS 40.610. “Claimant” defined. |
NRS 40.615. “Constructional defect” defined. |
NRS 40.620. “Contractor” defined. |
NRS 40.623. “Design professional” defined. |
NRS 40.625. “Homeowner’s warranty” defined. |
NRS 40.630. “Residence” defined. |
NRS 40.632. “Subcontractor” defined. |
NRS 40.634. “Supplier” defined. |
NRS 40.635. Applicability; effect on other defenses. |
Conditions and Limitations on Actions |
NRS 40.640. Liability of contractor. |
NRS 40.646. Notice of defect to be forwarded by contractor to subcontractor, supplier or design professional; effect of failure to forward notice; inspection of alleged defect; election to repair. |
NRS 40.6462. Access to residence or appurtenance with alleged defect after notice of defect is given; effect on owners who did not provide notice. |
NRS 40.647. Claimant required to allow inspection of and reasonable opportunity to repair defect; effect of noncompliance. |
NRS 40.6472. Response to notice of defect: Time for sending; content; effect of election to repair or not to repair. |
NRS 40.648. Election to repair defect: Who may repair; manner for performing repairs; deadline for repair; extension of deadline; written statement of repairs performed. |
NRS 40.649. Notice of defect may be presented to insurer; duties of insurer. |
NRS 40.650. Effect of rejecting reasonable offer of settlement; effect of failing to take certain actions concerning defect; effect of coverage available under homeowner’s warranty. |
NRS 40.655. Limitation on recovery. |
NRS 40.660. Nonacceptance of offer of settlement deemed rejection. |
NRS 40.665. Settlement by repurchase; certain offers of settlement deemed reasonable. |
NRS 40.667. Effect of written waiver or settlement agreement when contractor fails to correct or repair defect properly; conditions to bringing action; effect of failure to prevail in action. |
Repairs |
NRS 40.670. Defect which creates imminent threat to health or safety: Duty to cure; effect of failure to cure; exceptions. |
NRS 40.672. Defect in new residence: Duty to repair; deadline for repair; extensions; disciplinary action for failure to comply. |
NRS 40.675. Inspection of repairs. |
Special Procedures |
NRS 40.680. Mediation of certain claims required before action commenced or complaint amended; procedure; appointment of special master; effect of failure to mediate in good faith. |
NRS 40.681. Premediation discovery. |
NRS 40.684. Duties of insurer with respect to settlement conference. |
Disclosures |
NRS 40.687. Disclosure of information concerning warranties after action is commenced; disclosure of information concerning insurance agreements; compelled production of information. |
NRS 40.688. Disclosure of defects by claimant to prospective purchaser of residence required; timing and contents of disclosure; duty of attorney to inform claimant of disclosure requirement. |
Additional Requirement for Actions Against Design Professionals |
NRS 40.6882. “Complainant” defined. |
NRS 40.6884. Attorney required to consult expert; required affidavit of attorney; required report of expert. |
NRS 40.6885. Effect of compliance with or failure to comply with NRS 40.6884. |
Miscellaneous Provisions |
NRS 40.6887. Submission of questions or disputes concerning defects to State Contractors’ Board; regulations. |
NRS 40.689. Preference given to action; action may be assigned to senior judge; assessment of additional expenses. |
NRS 40.690. Limitation on bringing claim against governmental entity during period for resolution; effect of settlement; contractor or claimant may require party to appear and participate. |
NRS 40.692. Notice not required to be given to intervener in action. |
NRS 40.695. Tolling of statutes of limitation or repose; applicability. |
MISCELLANEOUS PROVISIONS |
NRS 40.750. Fraud against financial institution or other lender for purpose of obtaining loan secured by lien on real property. |
NRS 40.760. Summary eviction of person using space in facility for storage as residence. [Repealed] |
NRS 40.770. Limitation on liability of seller, seller’s agent and buyer’s agent for failure to disclose certain facts concerning property. |