40.760 - Summary eviction of person using facility for storage as residence.
40.760 Summary eviction of person using facility for storage as residence.
1. When a person is using a facility for storage as a residence, the owner or the owner’s agent shall serve or have served a notice in writing which directs the person to cease using the facility as a residence no later than 24 hours after receiving the notice. The notice must advise the person that:
(a) NRS 108.475 requires the owner to ask the court to have the person evicted if the person has not ceased using the facility as a residence within 24 hours; and
(b) The person may continue to use the facility to store the person’s personal property in accordance with the rental agreement.
2. If the person does not cease using the facility as a residence within 24 hours after receiving the notice to do so, the owner of the facility or the owner’s agent shall apply by affidavit for summary eviction to the justice of the peace of the township wherein the facility is located. The affidavit must contain:
(a) The date the rental agreement became effective.
(b) A statement that the person is using the facility as a residence.
(c) The date and time the person was served with written notice to cease using the facility as a residence.
(d) A statement that the person has not ceased using the facility as a residence within 24 hours after receiving the notice.
3. Upon receipt of such an affidavit the justice of the peace shall issue an order directing the sheriff or constable of the county to remove the person within 24 hours after receipt of the order. The sheriff or constable shall not remove the person’s personal property from the facility.
4. For the purposes of this section, “facility for storage” means real property divided into individual spaces which are rented or leased for storing personal property. The term does not include a garage or storage area in a private residence.
(Added to NRS by 1989, 213)—(Substituted in revision for NRS 40.555)