(Senate Bill) S.B. 151 Law Overview {effective 07/01/2019} |
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Senate Bill (S.B.) 151 Law (Landlord Monthly Rentals)
The information indicated below is a recap, overview and only applies to monthly rental properties.
Sec-1.7.1 = NRS 40.253. Applies to Tenants of any dwelling, apartment, mobile home or recreational vehicle that is default in monthly rent to Landlord. Landlord has the right to have a rent notice served on the Tenants.
Sec-1.7.1 (a) = The 5-Day Pay Rent notice is now a 7-Day Pay Rent notice, effective July 1, 2019. Tenant has until the close of business day {time the court closes} on the seventh (7th) judicial day {normally Monday to Friday, no weekends, no holidays, no service day} to pay rent to Landlord.
Sec-1.7.3 (a,b{1}) = The notice to Tenant must:
a) identify the Court having jurisdiction; and
b{1}) advise Tenant of rights to contest the matter by filing, within the notice period specified for rent or surrender the property to Landlord.
Sec-1.7.3 (b)(2)
Sec-1.7.5 (a{1-9}) = If Tenant fails to comply with the notice served, Landlord has the right to file a complaint with the Court having jurisdiction.
---- The Affidavit of Complaint for Eviction must contain:
1) the date the tenancy commended;
2) the amount of periodic rent;
3) the amounts of any cleaning, security or rent deposits paid in advance by Tenant, in excess of the first month's rent, to the Landlord;
4) the date rent payment became late;
5) the length of time the Tenant stayed on the property without paying rent;
6) the amount of unpaid rent due to Landlord;
7) a statement that the written notice was served on the Tenant in accordance with NRS 40.280;
8) a copy of the written notice served on tenant and Affidavit of Service; and
9) a copy of the signed written lease, if any exists.
Sec-1.7.11 = A Landlord can NOT refuse to accept rent from a Tenant, after a rent notice with a specific amount indicated has been served, if Tenant has not paid collection fees, attorney fees or other costs other than rent, a reasonable charge for late payments of rent or dishonored checks, or a security.
Sec-3.2 (a,b,c) = NRS 40.255. The new owner obtained the property by a transfer or sale MUST adhere to the following if a Tenant or Subtenant resides at the property. (NOTE: This section pertains to properties obtained by transfer or sale, NOT foreclosure)
a) new owner has the rights, obligations and liabilities of the previous owner or landlord pursuant to NRS 118A Landlord Tenant laws.
b) the existing lease remains in effect until the end of its term. Tenant or Subtenant continues to have the same rights, obligations and liabilities with the new owner or landlord pursuant to NRS 118A Landlord Tenant laws.
c) new owner shall preserve and maintain the Tenant or Subtenant existing lease and deposits from the previous owner or landlord when property was obtained by transfer or sale, pursuant to NRS 118A.242.
Sec-3.3 (a,b,c) = NRS 40.255. The new owner MUST provide a notice to the Tenant or Subtenant, within thirty (30) days after the date of the transfer or sale. (NOTE: This section pertains to properties obtained by transfer or sale, NOT foreclosure)
---- That notice must:
a) provide new owner contact information and where rent is to be paid;
b) informs the Tenant that the current lease is still in effect until its completion and the amount of security deposit held by new owner (old owner should have transferred the entire security deposit to the new owner); and
c) informs the Tenant that failure to pay rent to new owner or comply with any other terms of the lease may result in an eviction.
Sec-4.1 (a,b,c) = NRS 40.280. Notices MUST be served by the sheriff, a constable, a licensed process server, or the agent of an attorney licensed in Nevada.
---- The sheriff, constable, licensed process server, or agent of an attorney will prepare the Affidavit of Service indicating their license number and certifying how the notice was served.
---- The notices are to be served in the following manner:
a) by delivering a copy to the tenant personally;
b) If Tenant is absent then by leaving a copy with a person of suitable age (preferably 18 years old, validate ID/DL, write name into notice) and mail a copy to Tenant; and
c) if neither "1)" or "2)" can be performed then by posting a copy in a conspicuous place (preferably by the number address or door, take a picture) and mail a copy to Tenant.
---- No longer can owners, owner's friends, owner's family, real estate agents, property managers, or brokers serve notices. If any owner, owner's friend, owner's family, real estate agent, property manager, or broker serves a notice (fake notice) to a Tenant then that notice is NOT enforceable in court. Basically, you just wasted time, money, effort and gave the Tenant more time to stay.
Sec-4.6 (b) = If the notice was served by the sheriff, constable, licensed process server then the Affidavit of Service must contain:
1) a written statement form (Affidavit of Service);
2) signed by the person who served the notice;
3) indicating the date and manner of service; and
4) the number of the badge (sheriff or constable) or license (license process server) of the person who served the notice.
Sec-4.7 (a,b) = If the notice was served by an agent of an attorney licensed in Nevada then the following condition must be present:
a) the Landlord has retained the attorney an action pursuant to NRS 40.290 to 40.420, inclusive; and
b) the agent is acting at the discretion and under the direct supervision of the attorney.
Sec-7.2.4 (a,b) = NRS 118A.210. Landlord may charge a reasonable late fee for late rent payments, BUT:
a) the late fee can NOT exceed five (5%) percent of the monthly rent (ex: $1,000 monthly rent x .05 percent max late fee = $50 late fee monthly); and
b) the late fee previously imposed can NOT be increased once a lease is executed (ex: $50 late fee {1st day late} plus $10 late fee {2nd, 3rd,...days late} can NOT be increased)
Sec-7.25.3 = NRS 118A.460. During the 5-Day period following the eviction or lockout of a Tenant, Landlord MUST allow former Tenant reasonable access to retrieve essential personal effects, including, without limitation, medication, baby formula, basic clothing and personal care items.
---- Landlord should make every effort to work with Tenant to remove all personal property items as soon as possible {normally within ten (10) calendar days}. Tenant should move all items to a storage unit until suitable housing can be obtained to avoid Landlord charging inventory, moving and storage costs before releasing Tenant's personal property to Tenant.
Sec-1.7.9 (a,b) = If Landlord FAILS, during the 5-Day period following the eviction or lockout, to allow Tenant reasonable access to obtain essential personal effects then Tenant can file a motion with the court against the Landlord within five (5) days after tenant has vacated or following the eviction or lockout.
---- At the hearing the court may:
a) order Landlord to grant Tenant access at a certain date(s) and time(s) to retrieve essential items; and
b) award Tenant damages up to $2,500.
Sec-8 = This act (S.B. 151) went into effective on July 1, 2019, signed by Governor Steve Sisolak.
Las Vegas Landlord Services and Fees
Las Vegas Landlord offers the best price for the value offered. Our price is based up a periodic market search. Las Vegas Landlord pricing is subject to change. Las Vegas Landlord fees, for the Eviction Services, are non-refundable and non-transferable.
Las Vegas Landlord offers the best price for the value offered. Our price is based up a periodic market search. Las Vegas Landlord pricing is subject to change. Las Vegas Landlord fees, for the Eviction Services, are non-refundable and non-transferable.
