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 property of the owner if: (1) the real property was not open to the public at the time the forcible entry or detainer occurred or the owner of the real property or authorized representative or occupant directed the unlawful or unauthorized occupant to surrender the real property; (2) the unlawful or unauthorized occupant is not the current or former tenant of the dwelling, an owner or co-owner of the real property and is not listed on the title, and is not an immediate family member of the owner of the real property; and (3) there is no pending litigation related to the real property between the owner of the real property and the unlawful or unauthorized occupant. Section 2 prescribes the form of such a complaint and requires the sheriff to verify the complaint. After the sheriff verifies the complaint, the sheriff is required to serve a notice to vacate and perform certain other acts. Section 2 authorizes a sheriff to charge certain fees for: (1) serving such a notice; and (2) at the request of the owner of the real property, remaining at the real property while the owner of the real property performs certain actions to regain possession of the real property. A person who submits a false statement or claim made on a form completed pursuant to section 2 is guilty of perjury, which is a category D felony. (NRS 199.120) Existing law provides that a person is guilty of forcible detainer if the person: (1) unlawfully holds and keeps the possession of any real property by force or threats of violence; or (2) enters real property without the authority of certain persons and who, after receiving notice to surrender, fails to surrender the property. (NRS 40.240) Section 6 of this bill provides that a person who fails to surrender any real property after receiving notice to vacate pursuant to section 2 is also guilty of forcible detainer. Section 3 of this bill requires the Administrator of the Housing Division of the Department of Business and Industry to prescribe by regulation the content of and instructions for completing a form for a seller of certain real property to authorize a local law enforcement agency to enter the real property if a person has forcibly entered or detained a dwelling on the real property. The Administrator must provide the form to title companies, real estate brokers and real estate salespersons in this State for distribution to sellers of real property. Section 3 authorizes the Administrator to consult with sheriffs and local law enforcement officials in this State regarding the contents of the form. Additionally, section 3 authorizes a local law enforcement agency to distribute the form at any time. Section 4 of this bill applies the definitions in existing law governing summary proceedings for obtaining possession of real property to the provisions of sections 2 and 3. Sections 5 and 6 of this bill make conforming changes to authorize certain persons to use the procedure set forth in section 2, in lieu of the procedures set forth in existing law, for the removal of a person who is guilty of forcible entry and forcible detainer. Section 7 of this bill makes a conforming change to authorize a sheriff to collect certain fees under section 2.

Statutes affected:
As Introduced: 40.215, 40.230, 40.240, 248.320
BDR: 40.215, 40.230, 40.240, 248.320