Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 40.240 - Forcible detainer defined; recovery of possession following forcible detainer; treble damages1. Every person is guilty of a forcible detainer who either: (a) Unlawfully holds and keeps the possession of any real property by force or threats of violence, or whether the possession was acquired peaceably or otherwise; or(b) Enters any real property without the authority of the owner of the property, an authorized representative of the owner or an occupant who is authorized by the owner to be in possession of the real property and who, after receiving written notice to surrender pursuant to subsection 2, fails to surrender the 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 or authorized occupant upon the person who committed the forcible detainer. The notice must: (a) Inform the person who committed the forcible detainer that he or she is guilty of a forcible detainer; and(b) Afford the person who committed the forcible detainer 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 detainer, 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 § 645; RL § 5587; NCL § 9134]-(NRS A 2015, 3119)Amended by 2015, Ch. 507,§12, eff. 10/1/2015.1911 CPA § 645; RL § 5587; NCL § 9134