[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,

Ę 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)