SB261
AN ACT relating to housing; authorizing certain persons to file a complaint to request that a sheriff remove an unlawful or unauthorized occupant of a dwelling on the real property of the person; requiring the Administrator of the Housing Division of the Department of Business and Industry to prescribe by regulation a form to authorize a local law enforcement agency to enter certain properties that are listed for sale when a person forcibly enters or detains such a property; authorizing a sheriff to collect certain fees for serving a notice to vacate and for performing certain other actions; revising the crime of forcible detainer; providing penalties; and providing other matters properly relating thereto. Close title AN ACT relating to housing; authorizing certain persons to file a complaint to request that a sheriff remove an unlawful or unauthorized occupant of a dwelling on the real property of the person; requiring the Administrator of the Housing Division of the Department of Business and Industry to prescribe by regulation a form to authorize a local law enforcement agency to enter certain properties that are listed for sale when a person forcibly enters or detains such a property; authorizing a sheriff to collect certain fees for serving a notice to vacate and for performing certain other actions; revising the crime of forcible detainer; providing penalties; and providing other matters properly relating thereto.
Introduction Date
Monday, March 3, 2025
Primary Sponsor
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AN ACT relating to housing; authorizing certain persons to file a complaint to request that a sheriff remove an unlawful
Existing law sets forth certain procedures for the removal of a person who is guilty of forcible entry or forcible detainer. (NRS 40.230, 40.240, 40.414) Under this process, the owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property is required to serve a notice to surrender on an unlawful or unauthorized occupant who committed the forcible entry or forcible detainer. After a notice to surrender is served, the unlawful or unauthorized occupant is required to: (1) surrender the real property; (2) request that a court stay the execution of a summary order for removal; or (3) contest the matter by filing, within a certain period of time, an affidavit with the court. After the notice to surrender has expired, the owner of the real property or authorized representative or occupant may apply by affidavit of complaint for eviction to the court, which may, upon review of the affidavits or upon a hearing, take certain actions including ordering the removal of the unlawful or unauthorized occupant. (NRS 40.414) In lieu of following this procedure, section 2 of this bill authorizes an owner of real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property to submit a written complaint to request that the sheriff remove an unlawful or unauthorized occupant who forcibly enters or detains a dwelling on the p
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