Nevada Revised Statutes 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.
Terms Used In Nevada Revised Statutes 118C.210
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Oath: A promise to tell the truth.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
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.