Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 40.230 - Forcible entry defined; recovery of possession following forcible entry; treble damages1. Every person is guilty of a forcible entry who unlawfully enters any real property: (a) By means of physical force resulting in damage to a structure on the real property;(b) By any kind of violence or circumstance of terror; or(c) Peaceably or otherwise and:(1) Thereafter prevents the owner of the real property from access or occupancy of the property by changing a lock; or(2) Turns out by force, threats of violence or menacing conduct, the owner of the real property or an occupant who is authorized by the owner to be in possession of the real property.2. 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 may seek to recover possession of the property pursuant to NRS 40.290 to 40.420, inclusive, after the expiration of the notice to surrender served by the owner, authorized representative of the owner or authorized occupant upon the person who committed the forcible entry. The notice must: (a) Inform the person who committed the forcible entry that he or she is guilty of forcible entry; and(b) Afford the person who committed the forcible entry 4 judicial days to surrender the property.3. If an owner of real property or an authorized representative of the owner recovers damages for a forcible entry, judgment may be entered for three times the amount at which the actual damages are assessed. As used in this section, "actual damages" means damages to real property and personal property.[1911 CPA § 644; RL § 5586; NCL § 9133]-(NRS A 2015, 3118)Amended by 2015, Ch. 507,§11, eff. 10/1/2015.1911 CPA § 644; RL § 5586; NCL § 9133