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Nevada Evictions Order

Nevada evictions order

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Ben Margiott
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100% found this document useful (5 votes)
12K views4 pages

Nevada Evictions Order

Nevada evictions order

Uploaded by

Ben Margiott
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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IN THE JUSTICE COURT OF RENO TOWNSHIP FILED COUNTY OF WASHOE, STATE OF NEVADA 01 Apr 2020 3:36 pm IN THE ADMINISTRATIVE MATTER OF: Reno Justice Cobrt RESPONSE TO CORONAVIRUS DISEASE | ADMINISTRATIVE ORDER 2020-4 (COVID-19) AND NEVADA SUPREME COURT ORDER AO-0012 WHEREAS, on March 12, 2020, Governor Steve Sisolak declared a state of emergency in Nevada in response to the recent outbreak of the Coronavirus Disease (COVID-19); WHEREAS, on March 29, 2020, Governor Sisolak issued Emergenoy Directive 008 staying certain evictions and lockouts; WHEREAS, the Chief Judge of the Reno Justice Court has the authority pursuant to NRS 4.157(¢) to make administrative decisions pertaining to the business of the Court; WHEREAS, the Chief Justice of the Nevada Supreme Court is the administrative head of the court system pursuant to Nev. Const. Art. 6, Sec, 19; and WHEREAS, given the severity of the risk posed to the public by COVID-19, pursuant to the requirements of Emergency Directive 008, and after consultation with Nevada Supreme Court Chief Justice Kristina Pickering, the Chief Judge of the Reno Justice Court has determined that alterations to court procedures are necessary for the protection of the | community. AND GOOD CAUSE BEING SHOWN, IT IS HEREBY ORDERED effective immediately, the Reno Justice Court shall stay the consideration of all eviction and foreclosure matters with the exception of the emergency applications and excluded matters described below. Qo -12512 i 4 15 6 ” 2 m EVICTION AND FORECLOSURE MATTERS THAT ARE STAYED “The Court hereby stays consideration of the following matters: 1, NRS 40.250 Possession After Expiration of Term 2. NRS 40.251 ‘No Cause Evictions 3. NRS 40.253 Evictions for Non-Payment of Rent 4. NRS 40.2516 Breach of Contract 5. NRS40.254 Evictions for Other than Non-Payment of Rent Except Tied to an Emergency Matter as Set Forth Below 6. NRS40.255 Removal of Persons Holding Over 7. NRS40.300 Writs of Restitution 8. NRS118B.190 Mobile Home Notice of Termination 9. NRS118C.200 Exclusion of Commercial Tenants Staying consideration of these maiters means that through the end of the stay, the Court will not accept complaints for summary eviction or unlawful detaines, hold hearings, rule upon, Cr issue dispositive orders or writs of restitution for the matters listed above, Consistent with the Governor’s Emergency Ditective and the Supreme Court's stay of Rule 5(d) and (e) of the Nevada Justice Court Rules of Civil Procedure, the Court will reject any complaints for summary eviction or unlawful detainer that do not constitute an emergency stemming from threats by a tenant or resident to public health, criminal activity, or significant damage to property, as set forth below. The Court interprets Section 4 of Emergency Directive 008 to require a stay or continuance of any non-emergency matters in progress but not completed as of March 29, 2020. Consistent with the Governor's Directive and Guidance, nothing in this Order shall prevent a tenant who is able to pay all or some of the rent due from paying that rent in a timely ‘manner o7 relieve a tenant of liability for unpaid rent a 2 23 as EMERGENCY EVICTION MATTERS TO BE HEARD During the period of the stay, the Court shall only consider unlawful detainer cases, | including summary evictions, stemming from threats by a tenant or resident to the public health, criminal activity, or significant damage to property as set forth in Sections 1 and 5 of Emergency Directive 008. The Court will not consider an action to be a qualifying emergency ‘unless the complaint or other application sets forth specific facts establishing that it falls within those sections of Emergency Directive 008. That an individual has tested positive for COVID- 19 or has potentially been exposed to the novel coronavirus that causes COVID-19 does not serve as the basis for establishing that a tenant or a resident seriously endangers the safety of others, . ‘TENANT MATTERS TO BE HEARD ‘Tenants shall continue to be able to file complaints and motions concerning the status and conditions of their tenancy. ‘Those include but are not limited to: 1, NRS 118A.242 Motion for Failure to Retum Deposit 2, NRS 118A.390 Complaint for Expedited Relief for Iegal Lockouts 3. NRS 118A.390 Complaint for Failing to Provide Essential Services 4, NRS [18A.310 & 520 Motion Contesting Personal Property Lien 5. NRS 118A.460(3) & Motion to Retrieve Essential Items NRS 40.253(9) 6. NRS 118C.210 Commercial Tenant Complaint for Reentry OTHER MATTERS NOT INCLUDED IN STAY This Order does not otherwise limit or affect proceedings that arc the consequence of a tenant or occupant’s criminal conduct causing their removal from the premiscs including: 1. NRS 40.412, Retaking of Possession Due to Housebreaking or Unlawful Occupancy 2. NRS 40.414 Complaints for Forcible Entry or Forcible Detainer 10 n 2 13 8 19 20 2 2B 4 25 3. NRS 40.416 Verified Complaint for Reentry 4, NRS205.081-082 Unlawful Entry or Occupancy of Vacant Dwelling COURTHOUSE ACCESS RESTRICTIONS AND FILINGS The COVID-19 pandemic has led this Court to limit access to the courthouse and prohibit most in-person filings and appearances. Current information about the building restrictions and how to file documents by mail, email, or electronically can be obtained by visiting the Court’s website: www.washoecounty.usiric; by email: [email protected]; or by calling: 775-325-6500. ‘This Order takes effect immediately. It replaces and extends any eviction and foreclosure stay orders currently in effect. It shall continue until the March 12, 2020, Declaration of Emergency terminates, expires, or Emergency Directive 008 is rescinded by order of the Govemor or modified or rescinded by a subsequent order, whichever occurs earlier. IT I$ SO ORDERED. Dated this_/ day of April 2020. Kristink Pickering Chief Justice Nevada Supreme Court Reno Justice Court

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