Nevada Revised Statutes
Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property
NRS 40.385 - Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay.

1. Either party may appeal an order entered pursuant to NRS 40.253, 40.254 or 40.2542 by filing a notice of appeal within 10 judicial days after the date of entry of the order.
2. Except as otherwise provided in this section, a stay of execution may be obtained by filing with the trial court a bond in the amount of $250 to cover the expected costs on appeal. A surety upon the bond submits to the jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the surety’s agent upon whom papers affecting the surety’s liability upon the bond may be served. Liability of a surety may be enforced, or the bond may be released, on motion in the appellate court without independent action. A tenant of commercial property may obtain a stay of execution only upon the issuance of a stay pursuant to Rule 8 of the Nevada Rules of Appellate Procedure and the posting of a supersedeas bond in the amount of 100 percent of any unpaid rent claim of the landlord.
3. A tenant who retains possession of the premises that are the subject of the appeal during the pendency of the appeal shall pay to the landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. If the tenant fails to pay such rent, the landlord may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253, 40.254 or 40.2542.
(Added to NRS by 1997, 3510; A 2011, 1492; 2019, 224, 3921)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property

NRS 40.001 - Definitions.

NRS 40.002 - "Federal worker" defined.

NRS 40.0025 - "Household member" defined.

NRS 40.003 - "Qualified Indian tribe" defined.

NRS 40.0035 - "Shutdown" defined.

NRS 40.004 - "State worker" defined.

NRS 40.0045 - "Tribal worker" defined.

NRS 40.005 - Zoning requirements to be considered by court.

NRS 40.010 - Actions may be brought against adverse claimants.

NRS 40.020 - Plaintiff not entitled to costs on default judgment or disclaimer.

NRS 40.030 - Plaintiff may recover damages for property withheld where plaintiff’s right terminated during pendency of action.

NRS 40.040 - Value of permanent improvements to be allowed as setoff.

NRS 40.050 - Mortgage not deemed conveyance.

NRS 40.060 - Court may enjoin injury to property during foreclosure.

NRS 40.070 - Damages may be recovered for injury to possession after sale and before delivery.

NRS 40.080 - Action not to be prejudiced by alienation pending suit.

NRS 40.090 - Action by person in adverse possession: Verified complaint; defendants; notice of pending litigation.

NRS 40.100 - Action by person in adverse possession: Issuance, service and posting of summons; rights of unknown persons.

NRS 40.110 - Court to hear case; must not enter judgment by default; effect of final judgment.

NRS 40.120 - Remedy is cumulative.

NRS 40.130 - Adverse action on mining claim.

NRS 40.140 - Nuisance defined; action for abatement and damages; exceptions.

NRS 40.150 - Action for waste; judgment may be for treble damages.

NRS 40.160 - Action for trespass for cutting or carrying away trees or wood; treble damages.

NRS 40.180 - Manner of working mine or mining claim; assessment of damages.

NRS 40.190 - Continuation of judgment lien.

NRS 40.200 - Application for order of survey; notice and order; report of survey; costs of and damages caused by survey.

NRS 40.210 - Order allowing party to survey and measure land in dispute; contents and service of order; liability for unnecessary injury.

NRS 40.215 - Definitions.

NRS 40.220 - Entry to be made only when legal and in peaceable manner.

NRS 40.230 - Forcible entry defined; recovery of possession following forcible entry; treble damages.

NRS 40.240 - Forcible detainer defined; recovery of possession following forcible detainer; treble damages.

NRS 40.250 - Unlawful detainer: Possession after expiration of term.

NRS 40.251 - Unlawful detainer: Possession of property leased for indefinite time after notice to surrender; older person or person with a disability entitled to extension of period of possession upon request; federal worker, tribal worker, state wor...

NRS 40.2512 - Unlawful detainer: Possession after default in payment of rent; exception.

NRS 40.2514 - Unlawful detainer: Assignment or subletting contrary to lease; waste; unlawful business; nuisance; violations of controlled substances laws.

NRS 40.2516 - Unlawful detainer: Possession after failure to perform conditions of lease; saving lease from forfeiture; recovery of possession following unlawful detainer.

NRS 40.252 - Unlawful detainer: Contractual provisions void if contrary to specified periods of notice; notice to surrender by colessor is valid unless showing other colessors did not authorize notice.

NRS 40.253 - Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent.

NRS 40.254 - Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property.

NRS 40.2542 - Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant of commercial premises.

NRS 40.2544 - Unlawful detainer: Stay of eviction proceeding to facilitate program of alternative dispute resolution.

NRS 40.2545 - Unlawful detainer: Sealing of eviction case court file under certain circumstances; notice to surrender must not be made available for public inspection.

NRS 40.255 - Removal of person holding over after 3-day notice to surrender; circumstances authorizing removal; exception and additional notice required for occupying tenants and subtenants of property sold as residential foreclosure.

NRS 40.260 - Tenant of agricultural lands may hold over if not notified.

NRS 40.270 - Tenant has similar remedies against subtenant.

NRS 40.280 - Service of notices to surrender; proof required before issuance of order to remove or writ of restitution.

NRS 40.290 - Parties defendant; persons bound by judgment.

NRS 40.300 - Contents of complaint; issuance and service of summons; temporary writ of restitution; notice, hearing and bond.

NRS 40.310 - Issue of fact to be tried by jury if proper demand made.

NRS 40.320 - Proof required of plaintiff and defendant on trial.

NRS 40.330 - Amendment of complaint to conform to proof; continuance.

NRS 40.340 - Adjournments.

NRS 40.350 - Trial not to be adjourned when plaintiff admits evidence in affidavit would be given.

NRS 40.360 - Judgment; damages; execution and enforcement.

NRS 40.370 - Verification of complaint and answer.

NRS 40.380 - Provisions governing appeals.

NRS 40.385 - Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay.

NRS 40.390 - Appellate court not to dismiss or quash proceedings for want of form.

NRS 40.400 - Rules of practice.

NRS 40.412 - Housebreaking and unlawful occupancy: When owner may retake possession and change locks; notice required.

NRS 40.414 - Forcible entry or forcible detainer: When owner or occupant may recover possession; notice required; response by unlawful or unauthorized occupant; complaint for eviction; actions by court; disposal of abandoned personal property.

NRS 40.416 - Recovery of possession by occupant who has been locked out of dwelling: Filing of verified complaint for reentry; trial; issuance of writ of restitution if lockout was unjustified; appeal; failure to comply constitutes contempt.

NRS 40.420 - Form of writ of restitution; execution.

NRS 40.425 - Notice of execution on writ of restitution.

NRS 40.426 - Definitions.

NRS 40.427 - "Foreclosure sale" defined.

NRS 40.428 - Mortgage or other lien" defined.

NRS 40.429 - Sale in lieu of a foreclosure sale" defined.

NRS 40.430 - Action for recovery of debt secured by mortgage or other lien; "action" defined. [Effective through December 31, 2021.] Action for recovery of debt secured by mortgage or other lien; "action" defined. [Effective January 1, 2022.]

NRS 40.435 - Judicial proceedings in violation of NRS 40.430; provisions of NRS 40.430 as an affirmative defense.

NRS 40.437 - Additional requirements for action affecting owner-occupied housing: Notice; form; election or waiver of mediation; rules concerning mediation; applicability.

NRS 40.439 - Limitations on foreclosure sales involving certain members of military or dependents.

NRS 40.4395 - Limitations on foreclosure sales involving shutdown.

NRS 40.440 - Disposition of proceeds of foreclosure sale.

NRS 40.450 - Proceedings when debt secured falls due at different times.

NRS 40.451 - "Indebtedness" defined.

NRS 40.453 - Waiver of rights in documents relating to sale of real property against public policy and unenforceable; exception.

NRS 40.455 - Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust; exceptions.

NRS 40.457 - Hearing before award of deficiency judgment; appraisal of property sold.

NRS 40.458 - Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust prohibited under certain circumstances.

NRS 40.459 - Limitations on amount of money judgment.

NRS 40.462 - Distribution of proceeds of foreclosure sale.

NRS 40.463 - Agreement for assistance in recovering proceeds of foreclosure sale due to debtor or successor in interest; requirements for enforceable agreement; fee must be reasonable.

NRS 40.4636 - Limitations on amount of money judgment.

NRS 40.4638 - Circumstances under which action to enforce obligation is prohibited.

NRS 40.4639 - Period of limitation on commencement of civil action.

NRS 40.464 - Duty to maintain vacant residential property acquired at foreclosure sale; notice of violation; proceedings for enforcement; civil penalties.

NRS 40.465 - "Indebtedness" defined.

NRS 40.475 - Remedy against mortgagor or grantor; assignment of creditor’s rights to guarantor, surety or obligor.

NRS 40.485 - Interest in proceeds of secured indebtedness upon partial satisfaction of indebtedness.

NRS 40.495 - Waiver of rights; separate action to enforce obligation; limitation on amount of judgment; available defenses.

NRS 40.501 - Definitions.

NRS 40.502 - "Environmental provision" defined.

NRS 40.503 - "Environmentally impaired" defined.

NRS 40.504 - "Hazardous substance" defined.

NRS 40.505 - "Release" defined.

NRS 40.506 - "Secured lender" defined.

NRS 40.507 - Right of entry and inspection of real collateral.

NRS 40.508 - Action by secured lender concerning environmental provision.

NRS 40.509 - Limitation on amount of damages recoverable in action concerning environmental provision; recovery of interest.

NRS 40.511 - Exceptions to applicability of NRS 40.507 and 40.508.

NRS 40.512 - Environmental impairment of real collateral: Waiver of lien; notice of waiver; exception; recording of waiver.

NRS 40.515 - Petition, notice, hearing and order; alternative method of terminating interest.

NRS 40.525 - Petition; notice; hearing and order; alternative method.

NRS 40.535 - Affidavit or petition may be filed in probate proceeding.

NRS 40.600 - Definitions.

NRS 40.603 - "Amend a complaint to add a cause of action for a constructional defect" defined.

NRS 40.605 - "Appurtenance" defined.

NRS 40.607 - "Builder’s warranty" defined.

NRS 40.610 - "Claimant" defined.

NRS 40.615 - "Constructional defect" defined.

NRS 40.620 - "Contractor" defined.

NRS 40.623 - "Design professional" defined.

NRS 40.630 - "Residence" defined.

NRS 40.632 - "Subcontractor" defined.

NRS 40.634 - "Supplier" defined.

NRS 40.635 - Applicability; effect on other defenses.

NRS 40.640 - Liability of contractor.

NRS 40.645 - Notice of defect: Required before commencement of or addition to certain actions; content; persons authorized to provide notice; exceptions.

NRS 40.646 - Notice of defect to be forwarded by contractor to subcontractor, supplier or design professional; effect of failure to forward notice; inspection of alleged defect; election to repair.

NRS 40.6462 - Access to residence or appurtenance with alleged defect after notice of defect is given.

NRS 40.647 - Claimant required to allow inspection of and reasonable opportunity to repair defect; claimant or claimant’s expert required to be present at inspection; effect of noncompliance.

NRS 40.6472 - Response to notice of defect: Time for sending; content; effect of election to repair or not to repair.

NRS 40.648 - Election to repair defect: Who may repair; manner for performing repairs; deadline for repair; extension of deadline; written statement of repairs performed.

NRS 40.649 - Notice of defect may be presented to insurer; duties of insurer.

NRS 40.650 - Effect of rejecting reasonable offer of settlement; effect of failing to take certain actions concerning defect; effect of coverage available under homeowner’s warranty.

NRS 40.652 - Offer of judgment.

NRS 40.655 - Limitation on recovery.

NRS 40.660 - Nonacceptance of offer of settlement deemed rejection.

NRS 40.665 - Settlement by repurchase; certain offers of settlement deemed reasonable.

NRS 40.667 - Effect of written waiver or settlement agreement when contractor fails to correct or repair defect properly; conditions to bringing action; effect of failure to prevail in action.

NRS 40.668 - Action against subdivider or master developer for defect in appurtenance in planned unit development: Conditions and limitations; tolling of statutes of limitation or repose; applicability.

NRS 40.670 - Defect which creates imminent threat to health or safety: Duty to cure; effect of failure to cure; exceptions.

NRS 40.672 - Defect in new residence: Duty to repair; deadline for repair; extensions; disciplinary action for failure to comply.

NRS 40.675 - Inspection of repairs.

NRS 40.680 - Mediation of certain claims required before action commenced or complaint amended; procedure; appointment of special master; effect of failure to mediate in good faith.

NRS 40.681 - Premediation discovery.

NRS 40.684 - Duties of insurer with respect to settlement conference.

NRS 40.687 - Disclosure of information concerning insurance agreements; compelled production of information.

NRS 40.688 - Disclosure of defects by claimant to prospective purchaser of residence required; timing and contents of disclosure; duty of attorney to inform claimant of disclosure requirement.

NRS 40.6882 - Complainant" defined.

NRS 40.6884 - Attorney required to consult expert; required affidavit of attorney; required report of expert.

NRS 40.6885 - Effect of compliance with or failure to comply with NRS 40.6884.

NRS 40.6887 - Submission of questions or disputes concerning defects to State Contractors’ Board; regulations.

NRS 40.689 - Preference given to action; action may be assigned to senior judge; assessment of additional expenses.

NRS 40.690 - Limitation on bringing claim against governmental entity during period for resolution; effect of settlement; contractor or claimant may require party to appear and participate.

NRS 40.692 - Notice not required to be given to intervener in action.

NRS 40.693 - Contractual provisions requiring subcontractor to indemnify controlling party; wrap-up insurance policies.

NRS 40.695 - Tolling of statutes of limitation or repose; applicability.

NRS 40.750 - Fraud against financial institution or other lender for purpose of obtaining loan secured by lien on real property.

NRS 40.770 - Limitation on liability of seller, seller’s agent and buyer’s agent for failure to disclose certain facts concerning property.