Category Archives: Uncategorized

Part 2 Cannabis assembly Bill 341

The Nevada State Legislature met in Carson City early this year and worked hard to pass nearly 564 Bills in the 2021 session.  These Bills ranged from decriminalizing speeding tickets to expanding voting procedures.  This series of blogs will focus on all the changes made to Nevada laws in all areas, from banning specific types of weapons without serial numbers, to increasing taxes on the mining industry to help fund our education system in Nevada.  Even though the session just ended, the laws have made their way to the Governor’s desk and become effective once signed by the Governor.  The following Bills in these blogs have been signed by the Governor. 

This blog will focus on several new laws passed regarding Cannabis and several new procedural laws regarding personal data disclosure on the internet and the statute of limitations for child molestation victims to sue for civil damages.

Cannabis

Assembly Bill 341:   This Bill authorizes cannabis consumption lounges in Nevada. The Nevada legislature provide for two types of cannabis lounges in this legislation.  The first type of lounge allows an existing dispensary to add a place for a lounge area.  It is important to note that the law provided that only one lounge is allowed per license no matter how many locations a dispensary maintains. The second type of lounge permits independent businesses to build a consumption lounge with single-use cannabis products for sale.  This law can be found at Section1.Chapter   678A   of   NRS   and the amendments are as follows:   

                   . 

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7877/Text

Nevada first legalized recreational marijuana dispensaries in 2017 in Nevada.  Since that time, many tourists have found that although they can purchase cannabis, they have nowhere to legally consume it because consumption has only been permitted at private residences.   It is not legal to use marijuana products inside casinos and hotels.  However, the hotel industry has found that tourists have resorted to consuming marijuana outdoors or in their hotel rooms.  This new law became effective on October 1, 2021. 

It has been six years since Nevadans voted in favor of legalizing recreational marijuana.  This new law allows for the consumption of recreational marijuana somewhere other than a private residence.  Gov. Steve Sisolak signed Assembly Bill 341  which allows for the development of “consumption lounges.”  It should be noted these lounges are alcohol-free but have a bar type atmosphere.  Patrons must be over the age of 21 and will be able to purchase and consume marijuana products.

These new lounges rapidly became operational and there is already a top ten list on YELP.   Nevada’s cannabis regulators say “there’s no hard cap” how many lounges will be licensed.  However, since owners of multiple dispensaries are only allowed to open one lounge, it is not likely they will be popping up in abundance.  Assemblyman Steve Yeager, D-Las Vegas, who sponsored the legislation stated, “I think this really solidifies us as the cannabis destination,” Businessman Christopher LaPorte, a hospitality specialist and cannabis consultant, was quoted as saying that “consumption lounges could attract younger visitors to Las Vegas, a market the city has long coveted.”

“Social-use lounges will allow us to not create a new Amsterdam, but a new Napa Valley,” which is famous for attracting wine aficionados, he said. “We’re going to turn cannabis into a hospitality industry. No one’s going to touch what Las Vegas does with this industry.” Christopher LaPorte

https://knpr.org/knpr/2021-06/newly-legal-marijuana-lounges-preparing-open-nevada
https://www.forbes.com/sites/willyakowicz/2021/06/11/cannabis-consumption-lounges-are-coming-to-las-vegas/?sh=8b3a1dc6efd5

Senate Bill 168: Allows for curbside pickup and changes labeling requirements for cannabis products. The new law is codified at NRS 678A.450. Existing law required that cannabis products “Are not labeled or marketed as candy” The new labeling requirements added are as follows:

  (h) Are labeled with: 

(1) The words “Keep out of reach of children”; 

(2) A list of all ingredients used in the cannabis product; 

(3) A list of all major food allergens in the cannabis product; and 

(4) Any other information the Board may require by regulation

2. A cannabis production facility shall not produce cannabis products in any form that:

 (a) Is or appears to be a lollipop. 

(b) Bears the likeness or contains characteristics of a real or fictional person, animal or fruit, including, without limitation, a caricature, cartoon or artistic rendering.

 (c) Is modeled after a brand of products primarily consumed by or marketed to children. 

 (d) Is made by applying concentrated cannabis, as defined in NRS 453.042, to a commercially available candy or snack food item other than dried fruit, nuts or granola. 

3. A cannabis production facility shall: 

(a) Seal any cannabis product that consists of cookies or brownies in a bag or other container which is not transparent. . .. 

Civil procedure

Assembly Bill 296:  Allows people to sue for having sensitive or personal data publicly disseminated (also known as “doxxing”). Doxing (sometimes written as Doxxing) is a term that refers to the act of revealing identifying information about a person online, such as their real name, home address, workplace, phone, financial, and other personal information. The offender then circulates that information to the public without the victim’s permission. This law became effective July 1, 2021.  There is not a federal statue in effect that specifically refers to doxing although many federal acts such as the stalking laws and harassment statutes are covered by federal law.  Other states such as West Virginia and Oregon are considering anti-doxxing laws.  This new Nevada law “Establishes a civil cause of action for the dissemination of personal identifying information or sensitive information under certain circumstances.”  State legislator Rochelle Nguyen was quoted as saying the language of the bill “is narrowly tailored to those people that are inciting violence or mental anguish.”

https://apnews.com/article/las-vegas-bills-nevada-laws-57ab8fb255c2622c8b63829275ff6f45
https://legiscan.com/NV/drafts/AB296/2021

This Bill was spawned out of the violent acts that were a sad result of the extreme stress caused by the pandemic.  The head of Nevada’s unemployment agency states she was driven out of her job last June because of threats to her safety as a result of doxing.  Ms. Korbulic was “doxed” and as result her personal information was circulated online without her permission.  

Senate Bill 203: Eliminates the statute of limitations for a civil action to recover damages for childhood sexual abuse. This law was Effective immediately upon passage and effectively amends NRS 11.215 remove the previous statute of limitations of 20 years past the child’s 18th birthday effectively the age of 38.  

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7650/Text

This series will break down all of the new laws passed by the Nevada Legislature in 2021.  I hope that you will read our future blogs to be up to date and informed about these changes. At TheOneLawyer.com, we look forward to providing information that will help

 our clients stay safe and informed. Even more so, we look forward to continuing our long-standing tradition of representing every client on a personal, compassionate, and professional level. We strive to treat every client as though they are our only client. 

 At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

New Nevada Laws passed regarding Cannabis

The Nevada State Legislature met in Carson City early this year and worked hard to pass nearly 564 Bills in the 2021 session.  These Bills ranged from decriminalizing speeding tickets to expanding voting procedures.  This series of blogs will focus on all the changes made to Nevada laws in all areas, from banning specific types of weapons without serial numbers, to increasing taxes on the mining industry to help fund our education system in Nevada.  Even though the session just ended, the laws have made their way to the Governor’s desk and become effective once signed by the Governor.  The following Bills in these blogs have been signed by the Governor. 

This blog will focus on several new laws passed regarding Cannabis.

Cannabis

Assembly Bill 341:   This Bill authorizes cannabis consumption lounges in Nevada. The Nevada legislature provide for two types of cannabis lounges in this legislation.  The first type of lounge allows an existing dispensary to add a place for a lounge area.  It is important to note that the law provided that only one lounge is allowed per license no matter how many locations a dispensary maintains. The second type of lounge permits independent businesses to build a consumption lounge with single-use cannabis products for sale.  This law can be found at Section1.Chapter   678A   of   NRS   and the amendments are as follows:   

                   . 

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7877/Text

Nevada first legalized recreational marijuana dispensaries in 2017 in Nevada.  Since that time, many tourists have found that although they can purchase cannabis, they have nowhere to legally consume it because consumption has only been permitted at private residences.   It is not legal to use marijuana products inside casinos and hotels.  However, the hotel industry has found that tourists have resorted to consuming marijuana outdoors or in their hotel rooms.  This new law became effective on October 1, 2021. 

It has been six years since Nevadans voted in favor of legalizing recreational marijuana.  This new law allows for the consumption of recreational marijuana somewhere other than a private residence.  Gov. Steve Sisolak signed Assembly Bill 341  which allows for the development of “consumption lounges.”  It should be noted these lounges are alcohol-free but have a bar type atmosphere.  Patrons must be over the age of 21 and will be able to purchase and consume marijuana products.

These new lounges rapidly became operational and there is already a top ten list on YELP.   Nevada’s cannabis regulators say “there’s no hard cap” how many lounges will be licensed.  However, since owners of multiple dispensaries are only allowed to open one lounge, it is not likely they will be popping up in abundance.  Assemblyman Steve Yeager, D-Las Vegas, who sponsored the legislation stated, “I think this really solidifies us as the cannabis destination,” Businessman Christopher LaPorte, a hospitality specialist and cannabis consultant, was quoted as saying that “consumption lounges could attract younger visitors to Las Vegas, a market the city has long coveted.”

“Social-use lounges will allow us to not create a new Amsterdam, but a new Napa Valley,” which is famous for attracting wine aficionados, he said. “We’re going to turn cannabis into a hospitality industry. No one’s going to touch what Las Vegas does with this industry.” Christopher LaPorte

https://knpr.org/knpr/2021-06/newly-legal-marijuana-lounges-preparing-open-nevada

https://www.forbes.com/sites/willyakowicz/2021/06/11/cannabis-consumption-lounges-are-coming-to-las-vegas/?sh=8b3a1dc6efd5

Senate Bill 168: Allows for curbside pickup and changes labeling requirements for cannabis products. The new law is codified at NRS 678A.450. Existing law required that cannabis products “Are not labeled or marketed as candy” The new labeling requirements added are as follows:

  (h) Are labeled with: 

(1) The words “Keep out of reach of children”; 

(2) A list of all ingredients used in the cannabis product; 

(3) A list of all major food allergens in the cannabis product; and 

(4) Any other information the Board may require by regulation

2. A cannabis production facility shall not produce cannabis products in any form that:

 (a) Is or appears to be a lollipop. 

(b) Bears the likeness or contains characteristics of a real or fictional person, animal or fruit, including, without limitation, a caricature, cartoon or artistic rendering.

 (c) Is modeled after a brand of products primarily consumed by or marketed to children. 

 (d) Is made by applying concentrated cannabis, as defined in NRS 453.042, to a commercially available candy or snack food item other than dried fruit, nuts or granola. 

3. A cannabis production facility shall: 

(a) Seal any cannabis product that consists of cookies or brownies in a bag or other container which is not transparent. . .. 

Civil procedure

Assembly Bill 296:  Allows people to sue for having sensitive or personal data publicly disseminated (also known as “doxxing”). Doxing (sometimes written as Doxxing) is a term that refers to the act of revealing identifying information about a person online, such as their real name, home address, workplace, phone, financial, and other personal information. The offender then circulates that information to the public without the victim’s permission. This law became effective July 1, 2021.  There is not a federal statue in effect that specifically refers to doxing although many federal acts such as the stalking laws and harassment statutes are covered by federal law.  Other states such as West Virginia and Oregon are considering anti-doxxing laws.  This new Nevada law “Establishes a civil cause of action for the dissemination of personal identifying information or sensitive information under certain circumstances.”  State legislator Rochelle Nguyen was quoted as saying the language of the bill “is narrowly tailored to those people that are inciting violence or mental anguish.”

https://apnews.com/article/las-vegas-bills-nevada-laws-57ab8fb255c2622c8b63829275ff6f45

https://legiscan.com/NV/drafts/AB296/2021

This Bill was spawned out of the violent acts that were a sad result of the extreme stress caused by the pandemic.  The head of Nevada’s unemployment agency states she was driven out of her job last June because of threats to her safety as a result of doxing.  Ms. Korbulic was “doxed” and as result her personal information was circulated online without her permission.  

Senate Bill 203: Eliminates the statute of limitations for a civil action to recover damages for childhood sexual abuse. This law was Effective immediately upon passage and effectively amends NRS 11.215 remove the previous statute of limitations of 20 years past the child’s 18th birthday effectively the age of 38.  

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7650/Text

This series will break down all of the new laws passed by the Nevada Legislature in 2021.  I hope that you will read our future blogs to be up to date and informed about these changes. At TheOneLawyer.com, we look forward to providing information that will help

 our clients stay safe and informed. Even more so, we look forward to continuing our long-standing tradition of representing every client on a personal, compassionate, and professional level. We strive to treat every client as though they are our only client. 

 At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

New Nevada Law

New Nevada Laws Passed in 2021 Impacting Business & commerce

The Nevada State Legislature met in Carson City recently and worked hard to pass nearly 564 Bills in the 2021 session.  These Bills ranged from decriminalizing speeding tickets to expanding voting procedures.  These next series of blogs will go through all the changes made to Nevada laws in all area’s from banning specific types of weapons without serial numbers to increasing taxes on the mining industry to help fund our education system in Nevada.  Even though the session just ended, the law that have made there way to the governs desk an become effective once signed by the Governor.  The following Bills these blogs have been signed by the Governor. 

With the session only just ended, Bills they enacted are still making their way to the governor’s office. This Blog will focus on the Bills passed that impact business and commerce in our state.  

Assembly Bill 28: The Nevada state legislature passed a number of Bills helping businesses in our state compete against out of state competitors by providing advantages to companies based in Nevada. Assembly Bill 28 changes the law in order to provide local businesses better opportunity to obtain state contracts by penalizing out of state bidders based on other states policies. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7270/Text

Assembly Bill 60:   This Bill appears to be a result of the current political atmosphere and the “Me Too” movement. This Bill quashes provisions of a contract or a settlement agreement if they prevent any party to the agreement from testifying about a crime, sexual harassment, discrimination or retaliation. This Bill prevents businesses from “paying off” employees or partners from testifying about those improper acts. 

Assembly Bill 61: Assembly Bill 61 is a welcome measure to try to control the ridiculous amount of Robo calling that is occurring in our state and the price gauging that took place during the pandemic. The Bill classifies Robo calling and raising prices without merit during a state of emergency as a deceptive trade practices and penalizes the companies for these practices.  Many businesses profited during the pandemic by raising prices on basic needs items astronomically.  

Assembly Bill 106: Assembly Bill 106 was passed in February and provides $50 million for small businesses and nonprofits impacted by the pandemic.  These funds are intended to help the many small business’ in our state that went months without revenue due to the Governor’s restrictions during the Covid 19 pandemic.  

Assembly Bill 359:   Assembly Bill 359 requires translation of contracts and other business documents. Most state, school and other county forms have been available in Spanish for many years.  

Assembly Bill 363: Assembly Bill 363 is affectively a tax increase for anyone who is using a property as a short-term rental or renting through websites like Airbnb and requires them to pay lodging taxes.

Assembly Bill 399: Another interesting Bill that passed was assembly Bill 399 which was likely lobbied by animal rights activists in our state. This Bill requires that all eggs sold in the state of Nevada the certified as cage free with a few exceptions. The term “Cage-free” is a term that is regulated by the USDA and means that the eggs come from hens that are not raised in cages.  It means that the hens can “freely roam a building, room, or enclosed area with unlimited access to food and fresh water during their production cycle, but [do] not have access to the outdoors.” https://www.ams.usda.gov/sites/default/files/media/USDA%20Grademarked%20Product%20Label%20Submission%20Checklist.pdf 

Senate Bill 114: Another Bill likely passed through the efforts of lobbyists for the cannabis industry is Senate Bill 114 which allows for restaurants and manufactures of food products to sell and produce foods and drinks that contain hemp products in Nevada. Hemp is high in protein and products include hemp oil, hemp milk, hemp seeds, hemp protein powder and many other food items. Historically, hemp products were purchased at health food stores. Hemp has many health benefits.  Many people associate hemp with marijuana.  However, hemp has no mind-altering effects and does not contain enough THC to impact mood.  The term “hemp” is defined as cannabis that contains 0.3 percent or less THC content by dry weight.

https://www.healthline.com/health/hemp-vs-marijuana#hemp

Senate Bill 237: Another Bill that is a successful result of lobbying efforts by the LGBTQ community is Senate Bill 237. This Bill provides for small businesses that are owned by members of the LGBQT community to be eligible for various forms of state assistance and incentives and provides protection from discrimination towards those businesses. 

Senate Bill 248: Senate Bill 248 is a welcome relief to our citizens and especially people injured in auto accidents. It requires that collection agencies provide written notice to anyone who owes a medical debt at least 60 days prior to taking any action to collect the debt. This allows for the debtor to contact the insurance company or the medical provider to make payment arrangements prior to collection actions being taken.   It is also important to note that in Nevada, a hospital cannot attempt to collect a debt against you until they have billed your health insurance.  

Senate Bill 260:   This Bill is Nevada’s attempt to prevent our citizens personal data from being sold on the open market by website operators. The Bill extends restrictions that are already in place to website operators that use a seller’s personal data and prevents them from selling that data to brokers who buy and sell the personal information of website users.  Although this sounds good on paper, it is important to know that the web is a worldwide entity and users or operators outside our state may not be bound by these state restrictions.  And if jurisdiction is found that they are operating in Nevada and are subject to this law it would be very difficult and resource intensive to find them and catch them. However, it does give our attorney general leverage in the event that any mass distribution of Nevada resident information is found to have occurred by a website operator. It is likely that the offenders that would be prosecuted would be large entities like Facebook or Google if violations of the law were fold to have taken place.

Senate Bill 320: Senate Bill 320 affects third-party food delivery companies most likely companies like Uber eats or Postmates. This Bill requires that these companies have written contracts with the restaurants. This Bill likely arises from conflict during the pandemic between food delivery services and restaurants. That requires the terms to be written so that both parties know the terms and the payment terms that are in place.

The Law is ever changing and at the personal injuries law offices of At TheOneLawyer.com, are always staying on top of new laws and cases that impact our clients and our community.  At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical Bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

Recent Changes to Nevada Pet Law

Recently, people have taken to the streets to protest in Nevada to ask for changes to Nevada law concerning animal cruelty.  Last September protesters gathered to lobby for stricter penalties for the miss treatment of animals in our state. As a result, a new ordinance past Las Vegas states that a person convicted of harming killing or abusing a pet will be barred from owning another pet for two up to five years. City officials recently broadened penalties for animal cruelty in our state. Under a recent ordinance past which was spearheaded by Las Vegas councilman Stavros Anthony, it is now illegal to tie your tether a pet outside for more than 10 hours during a 24 hour. Furthermore, they cannot be tethered outside at all if the National Weather Service has issued a heat advisory. It is sad that this commonsense principle must be passed into law based upon recent horrible events concerning animal cruelty in our state.

In addition, under the ordinance, when temperatures reach 105° pet owners are required to have some type of cooling mechanism such as a misting system or portable air conditioners if their pet is outside. Commonsense says you would keep your pet inside during such extreme temperatures.  The new ordinances which disallow tethering your pet which means tying them up outside bring the law in the City of Las Vegas against animal cruelty into alignment with other states. Under these city provisions the duration allowed to tether a pet in the city is strict then the states 14-hour limit.  This means that in the city you are not permitted to tether your dog for more than 10 hours and in the state, you are not allowed to other dogs more than 14 hours.  Specifically, the city ordinance states as follows:

1.2 Dog restraints and enclosures

With regard to dogs, it is a crime in Nevada to restrain a dog for more than fourteen (10) hours during a twenty-four (24) hour period. (In Las Vegas, the limit is 10 hours in a 24-hour period.) It is also illegal to restrain a dog by either:

using a prong, pinch, or choke collar or similar restraint, or

using a tether, chain, tie, trolley or pulley system, or other device that:

is less than twelve (12) feet in length, or

fails to allow the dog to move at least twelve (12) feet or,

allows the dog to reach a fence or other object that may cause the dog to become injured, entangled, or to die by strangulation after jumping the fence or object

Animal advocates praise these new ordinances which will protect Nevada pets from the extreme temperatures of the summer.  These new ordinances come at the advocation by Councilman Anthony as a result of recent animal cruelty events which would shock most of our collection collective conscience.  These new regulations made by the city of Las Vegas mirror the changes made by the city of North Las Vegas in December after the very sad story of Lily the laboratory retriever.

In August 2020 retriever Lily died after being tethered it outside in the heat in North Las Vegas. The owner Arnold Galanto, 42, was formally charged in January in North Las Vegas Municipal Court. The charges came about a month after the city in December changed the ordinances to allow harsher penalties for such blatant animal abuse.  Galanto was charged with illegally tethering his brown Labrador retriever mix outside his home for two days on August 19 and 20th.  A very sad video came forward showing Lily lying partly in the sun with her mouth open. You could see that it was just torturing the poor animal. Sadly, Lily passed away from heat exposure.  The ordinance passed by the city of North Las Vegas in December reduce the time that a dog could be tethered outside during the 24-hour period from 14 hours to 10 hours.  Animal rights advocates pushed for felony charges to be filed in such a situation.  However, the new ordinance makes it a misdemeanor in such situations.

The new ordinance passed in the city of Las Vegas not only prevents a pet owner from owning an animal for two to five years following a conviction, and it also bars a convicted person from living in the same household as a pet or working at a place where they have access to animals such as a shelter. Animal cruelty and torture in Nevada is a misdemeanor crime in Las Vegas punishable by $1000 fine and up to six months.   However, it is a felony to harm or maliciously torture or kill a pet.  The city attorney prosecutes misdemeanor cases while the more egregious cases are turned over to the district attorney’s office.  Penalties can be severe, especially after the first offense:

1.3. Penalties

The punishment for unjustifiably maiming, mutilating, or killing any cat or any dog or any animal kept for companionship or pleasure (whether belonging to the defendant or not) depends on the defendant’s state of mind:

  • If the act is committed in order to threaten, intimidate, or terrorize another person, it is a category C felony in Nevada carrying one to five (1 – 5) years in prison and up to $10,000 in fines.
  • If the act is committed willfully and maliciously, it is a category D felony carrying one to four (1 – 4) years in prison and up to $5,000 in fines.

Otherwise, the punishment for a first-time offense is a misdemeanor, and the penalties get harsher with each successive offense within a seven (7)-year period. And depending on the circumstances the defendant may be ordered to surrender ownership or possession of the allegedly mistreated animal:

A first offense of animal cruelty within the preceding seven (7) years is prosecuted as a misdemeanor in Nevada carrying:

  • two (2) days to six (6) months in Clark County Detention Center (or another county jail), and
  • 48 to 120 hours of community service, and
  • $200 to $1,000 in fines, and
  • restitution for all costs associated with the care and impoundment of any mistreated animal including money expended for veterinary treatment, feed, and housing

A second offense of animal cruelty within a seven (7)-year period is also a misdemeanor in Nevada. The sentence is increased to:

  • Ten (10) days to six (6) months in Clark County Detention Center (or another county jail), and
  • 100 hours to 200 hours of community service, and
  • $500 to $1,000 in fines, and
  • restitution for all expenses for the care and impoundment of the mistreated animal such veterinary services, food, and shelter

Finally, a third or subsequent offense of animal cruelty within a seven (7) year span is prosecuted as a category C felony in Nevada. The punishment includes:

  • one to five (1 – 5) years in prison, and
  • maybe up to $10,000 in fines, and
  • restitution for the expense of treating, feeding, and housing the mistreated animal.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area.  We are pet owners and active in charitable pet organizations.  We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

an Your Employer Require you to get a Covid -19 Vaccine?

As many of us are heading back to the office and we wind down from this historic pandemic, a lot of companies are requiring their employees to become vaccinated in order to come back to work. The short answer to this question is, yes, companies can legally require their employees to become vaccinated in order go back to the workplace. Recent guidance from the U.S. Equal Employment Opportunity Commission which is the federal agency that oversees workplace compliance establishes this requirement. www.eeoc.gov/coronavirus. Employers can, in fact, require employees to get a Covid-19 vaccine and prevent them from coming to the workplace if they refuse to be vaccinated, the federal government said in guidelines issued recently.

Public health experts believe employers will play a significant role in vaccinating enough people to reach” herd immunity” and help end a pandemic that has tragically killed more than 500,000 Americans. Widespread covid vaccinations will prevent people from dying and restart an economy that has taken the jobs of many Americans in the past year.  Employers had been waiting for guidance from the U.S. Equal Employment Opportunity Commission, the agency that also enforces laws against workplace discrimination, because requiring employees be tested for the coronavirus touches on thorny medical and privacy issues covered by the Americans with Disabilities Act of 1990.

Just like companies can require employees to get drug tested, federal laws do not prevent companies from requiring employees to provide proof of vaccinations.   It should be noted that companies are required to keep this information confidential.  However, just like requiring vaccines for children to go to school, there is an exception to this requirement. If an employee has sincerely held religious beliefs or a disability that prevents them from becoming vaccinated, they may be entitled to special accommodation under the Americans with Disabilities Act. These accommodations could include requiring the employees to wear facemasks while at work, social distance from others, and get frequent COVID-19 tests or the company can allow the employee to work remotely.  

Government entities such as schools in the military can require vaccination for entry. This practice follows the Supreme Court case of Johnson vs Massachusetts  197 U.S. 11, 25 S. Ct. 358 (1905) that allowed the states to require people to be vaccinated against smallpox. The decision paved the way for public schools to require vaccinations from students. In that case, Justice John Marshall Harlan delivered the decision for a 7–2 majority that the Massachusetts law did not violate the Fourteenth Amendment. The Court stated that “in every well-ordered society charged with the duty of conserving the safety of its members the rights of the individual in respect of his liberty may at times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand” and that “real liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own [liberty], whether in respect of his person or his property, regardless of the injury that may be done to others.” 

The Court went on to hold that “mandatory vaccinations are neither arbitrary nor oppressive so long as they do not “go so far beyond what was reasonably required for the safety of the public.”  Massachusetts was one of eleven states that required smallpox vaccines for all of its residents at the time.  The Court found that smallpox was “prevalent and increasing in Cambridge” at the time and the regulation in question was “necessary in order to protect the public health and secure the public safety” Jacobson argued that he had a bad reaction to vaccines in his home country of Sweden and that he should be medically exempted from being vaccinated.  The state refused his request and fined him five dollars which is the equivalent of $150.00 today.  Jacobsen had offered proof that there was disagreement in the medical community as to whether the smallpox vaccine would actually spread of the disease.   However, the Court found that it was left to the legislature, not the courts, to determine which of the “two modes was likely to be the most effective for the protection of the public against disease.”

I have been asked if the HIPPA statute which is the Health Insurance Portability and Accountability Act has protections for patients to keep their vaccination records and health information confidential. It is important to note that that act applies to healthcare providers and not employers.

Despite re-openings and push to get America vaccinated, some employers are still reluctant to require vaccinations. A recent survey conducted by the Rockefeller foundation and Arizona State University of more than 1,300 medium and large companies in the United States and the United Kingdom found that more than half said they would require employees to show proof of vaccination. The survey showed that nine out of ten said they plan to encourage or require their employees to become vaccinated.  Not all companies are requiring their employee’s to be vaccinated.

Some companies are providing incentives for their employees to get vaccinated. For example, Target is providing up to four hours of paid leave time for all of their employees to get vaccinated and covering their transportation costs to and from their appointments. The supermarket giant Kroger is giving each employee $100 if they provide proof of vaccination. Some employers, however, are not quite as bold. For example, Delta Airlines is not requiring vaccination of its current employees only for new hires. Likewise United Airlines said it will require newly hired employees to provide proof of vaccination and is providing three days of vacation time to all flight attendants who receive at least one dose of the vaccine. But they are not requiring current employees to become vaccinated.

The issue of vaccines raises political debate in this country and there are many people who are vehemently opposed to vaccines and likewise many people are just as strongly in favor of vaccines.  The use of vaccines should not be a political issue.   It is an issue of public health and that is how the law addresses this matter. Laws governing vaccines are part of the public emergency doctrines and put in place to protect citizens from the wide spread of disease. Many of our grandparents and great grandparents lived through the polio epidemic as well as the Spanish flu epidemic. This is the first pandemic of most of our lifetimes, and if nothing else has shown how life can change so rapidly from disease and pathogen ‘s that we can’t even see. It is my hope and goal that we will all do our best to keep each other safe whether from vaccine or social distance or wearing a face mask, it is all of our duty to protect our neighbors and do the best that we can to stay healthy and keep our friends and family safe.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

Nevada Homestead Law

Nevada Homestead Law

Pursuant to Nevada Revised Statutes 115, homestead laws, the equity in your home is protected in Nevada up to $550,000 from general creditor claims.  These claims can include such debts as unpaid medical bills, credit card debts, business and/or personal loans and most debts.  By simply recording a declaration of homestead with the county accessor in which you reside, you can protect your home from debt collectors.  Filing the homestead will protect your principal residence up to the statutory maximum. Investors are excluded. If the value of your home is $645,000 and you have a first mortgage of $485,000 plus a second mortgage of $10,000, the equity is $150,000.  Homestead law protects the equity in your home. 

Homestead Form and Where to File

Perfecting a homestead and protecting your home from creditors is simple in the state of Nevada. All you need to do is to Complete the Homestead Declaration form. Make sure to print the form in black ink and print legibly or use the fillable link below to type the form and print.  If you use the form, do not let the text extend beyond the one-inch margins on all sides of the form.  You will need to sign the form in presence of a Notary Public and take the form the Clark County Recorder to have the document recorded.  You can go the Main Office located at 500 S. Grand Central Pkwy. 2nd Floor, Las Vegas or you can mail it along with appropriate fees and a return post paid envelope.   For more information, call the Recorder’s Office at 702-455-4336 or visit their website at www.clarkcountynv.gov/recorder.  Below is a copy of the form and a link to the fillable PDF. https://files.clarkcountynv.gov/clarknv/Assessor/STATISTICS/DeclarationOfHomesteadForm2010.pdf?t=1612316503275&t=1612316503275 

DECLARATION OF HOMESTEAD FOR RECORDING                                     

Assessor’s Parcel Number (APN): __________________________________________________________ or 

Assessor’s Manufactured Home ID Number: __________________________________________________________ 

Recording Requested by and Mail to:

 Name: ____________________________________________________ 

Address: __________________________________________________ 

City/State/Zip: _____________________________________________ 

Check One:    Married (filing jointly)  Married (filing individually)    Widowed    Single Person     Multiple Single Persons    Head of Family By Wife (filing jointly for benefit of both)       By Husband (filing jointly for benefit of both)     Other (describe): ________________________________________________________________________ 

Check One: 

Regular     Home         Dwelling/Manufactured Home         Condominium Unit                            Other

 Name on Title of Property: _________________________________________________________________________________________ 

do individually or severally certify and declare as follows: 

_________________________________________________________________________________________

 is/are now residing on the land, premises (or manufactured home) located in the city/town of

 ____________________________, county of ______________________________, State of Nevada, and more particularly described as follows: (set forth legal description and commonly known street address or manufactured home description) _________________________________________________________________________________________ _________________________________________________________________________________________ 

I/We claim the land and premises hereinabove described, together with the dwelling house thereon, and its appurtenances, or the described manufactured home as a Homestead. 

In witness, Whereof, I/we have hereunto set my/our hands this ______ day of ______________, 20___ ________________________________________ ________________________________________ 

Signature Print or type name here                              Print Name Here 

 ________________________________________ ________________________________________ 

Signature Print or type name here                               Print Name Here 

STATE OF NEVADA, COUNTY OF _____________________    This instrument was acknowledged before me on ____________ (date)  

By _________________________________________

        Person appearing before notary.

 _________________________________________                                                NOTARY SEAL

Person(s) appearing before notary. 

___________________________________________

Signature of notarial officer Notary Seal 

CONSULT AN ATTORNEY IF YOU DOUBT THIS FORM FITS YOUR PURPOSE. NOTE: Do not write in 1-inch margin. Revised Sept. 2019

What is not protected are debts secured by a mortgage, a deed of trust, payment of taxes, IRS lien, mechanic’s lien, child support or alimony payments and your association assessments: The statute listed below states that any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restrictions, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070 is not exempted by the homestead statute. The statute does have exclusions which include the mortgage on the property or contractual liens that exclude the homestead exemption.

  NRS 115.010  Exemption from sale on execution and from process of court; amount of exemption; exceptions; extension of exemption.

      1.  The homestead is not subject to forced sale on execution or any final process from any court, except as otherwise provided by subsections 2, 3 and 5, and NRS 115.090 and except as otherwise required by federal law.

      2.  The exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed $605,000 in value, unless allodial title has been established and not relinquished, in which case the exemption provided in subsection 1 extends to all equity in the dwelling, its appurtenances and the land on which it is located.

      3.  Except as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanic’s lien lawfully obtained, or for legal taxes, or for:

      (a) Any mortgage or deed of trust thereon executed and given, including, without limitation, any second or subsequent mortgage, mortgage obtained through refinancing, line of credit taken against the property and a home equity loan; or

      (b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

 by both spouses, when that relation exists.

      4.  If allodial title has been established and not relinquished, the exemption provided in subsection 1 extends to process to enforce the payment of obligations contracted for the purchase of the property, and for improvements made thereon, including any mechanic’s lien lawfully obtained, and for legal taxes levied by a state or local government, and for:

      (a) Any mortgage or deed of trust thereon; and

      (b) Any lien even if prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

 unless a waiver for the specific obligation to which the judgment relates has been executed by all allodial titleholders of the property.

      5.  Establishment of allodial title does not exempt the property from forfeiture pursuant to NRS 179.1156 to 179.121, inclusive, 179.1211 to 179.1235, inclusive, or 207.350 to 207.520, inclusive.

      6.  Any declaration of homestead which has been filed before July 1, 2007, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property selected and claimed for the exemption up to the amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before July 1, 2007.

      [Part 1:72:1865; A 1879, 140; 1949, 51; 1943 NCL § 3315] — (NRS A 1965, 281971, 5751975, 2159811977, 93314921979, 9841981, 6251983, 1046621985, 131989, 36461991, 5791995, 2251997, 34192003, 87910082005, 101022262007, 20530262017, 7812019, 290)

      NRS 115.020  Declaration of homestead: Contents; recording; notice required of person who charges fee for recording declaration; rights not extinguished by certain conveyances; rights of trustee; penalty.

      1.  The selection must be made by either spouse, or both of them, or the single person, declaring an intention in writing to claim the property as a homestead. The selection may be made on the form prescribed by the Real Estate Division of the Department of Business and Industry pursuant to NRS 115.025.

      2.  The declaration must state:

      (a) When made by a married person or persons, that they or either of them are married, or if not married, that he or she is a householder.

      (b) When made by a married person or persons, that they or either of them, as the case may be, are, at the time of making the declaration, residing with their family, or with the person or persons under their care and maintenance, on the premises, particularly describing the premises.

      (c) When made by any claimant under this section, that it is their or his or her intention to use and claim the property as a homestead.

      3.  The declaration must be signed by the person or persons making it and acknowledged and recorded as conveyances affecting real property are required to be acknowledged and recorded. If the property declared upon as a homestead is the separate property of either spouse, both must join in the execution and acknowledgment of the declaration.

      4.  If a person solicits another person to allow the soliciting person to file a declaration of homestead on behalf of the other person and charges or accepts a fee or other valuable consideration for recording the declaration of homestead for the other person, the soliciting person shall, before the declaration is recorded or before the fee or other valuable consideration is charged to or accepted from the other person, provide that person with a notice written in bold type which states that:

      (a) Except for the fee which may be charged by the county recorder for recording a declaration of homestead, a declaration of homestead may be recorded in the county in which the property is located without the payment of a fee; and

      (b) The person may record the declaration of homestead on his or her own behalf.

 The notice must clearly indicate the amount of the fee which may be charged by the county recorder for recording a declaration of homestead.

      5.  The rights acquired by declaring a homestead are not extinguished by the conveyance of the underlying property in trust for the benefit of the person or persons who declared it. A trustee may by similar declaration claim property, held by the trustee, as a homestead for the settlor or for one or more beneficiaries of the trust, or both, if the person or persons for whom the claim is made reside on or in the property.

      6.  A person who violates the provisions of subsection 4 is guilty of a misdemeanor.

      [Part 1:72:1865; A 1879, 140; 1949, 51; 1943 NCL § 3315] — (NRS A 1971, 5751983, 6621985, 131995, 2262009, 452017, 782)

If you have any questions regarding the filing of a homestead, please call our office.  If you have not filed a homestead on your primary residence, I urge you to take this simple step to protect your home today.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

DEBTOR RIGHTS IN NEVADA

This blog is a brief overview of what the Fair Debt Collection Practices Act is and how it applies to consumers.  https://www.ftc.gov/news-events/media-resources/consumer-finance/debt-collection .   The ACT can be found at 15 U.S. Code § 1692. https://www.govinfo.gov/content/pkg/USCODE-2011-title15/pdf/USCODE-2011-title15-chap41-subchapV-sec1692e.pdf 

What Type of Bills and Debts Are Covered?

Almost all types of consumer debt is covered by the Fair Debt Collection Practices Act. This would include your personal credit cards, automobile loans, medical bills, student loans, mortgages, short term loans, and any other household debts that are owed. It is important to note that business debts are not covered by the Fair Debt Collection Practices Act. Only personal debts.

Times and Place That Debt Collectors Can Contact Consumers

A debt collector cannot call you at any time they want or at any place they want. They are not permitted to contact you at inconvenient times or places. In fact, they are not permitted to call before 8 AM or after 9 PM.  Therefore, if you receive calls from debt collectors outside of those times, they are violating the Fair Debt Collection Practices Act. Also, it is very important to note that they are not allowed to contact you at work if you advise them not to call you at your place of work. So, if you are at work and you receive a call from a debt collector, you need to immediately tell them that they are calling you at your work and that it is not permitted.   Advise them not to contact you again at work and document the call. Take a screen shot of the call log and if they call you again do the same.

Ways to Stop Debt Collectors from Contacting You

It is important to note that the collectors can still use the courts and file a civil lawsuit against you if the debt is not too old and the debt is owed.  However, they must not contact you to try to collect a debt in inappropriate ways. If you want them to stop calling you, send them a letter. It is best to have proof the letter was sent either by fax or certified mail with a return receipt. When a debt collector receives a letter from a consumer, they must stop contacting you by phone. They can still file a civil lawsuit, but they cannot continue to call and harass you after they receive the notice. Also, if you are represented by an attorney and you advise the debt collector that you have hired an attorney regarding the debt, the debt collector must only communicate with your attorney from that point forward. Many debt collectors ignore this as has been the experience of our office. If you do not believe that you owe the debt, send them a letter immediately advising that you dispute the debt that they are claiming that you owe. If you are not sure of the debt for which they are calling, they must give you the information regarding the origination of the debt. Be very careful to never share any personal or financial information with the debt collector because they often engage in illicit practices.

Debt Collectors Cannot Contact Third Parties About Your Debt

Debt collectors are prohibited by that Fair Debt Collection Practices Act from discussing your debt with anyone else except you, your spouse or your attorney if you are represented. They are permitted to contact people you know to obtain your address or phone number, but they cannot discuss the debt with those people.

The Debt Collector Must Be Truthful and Give You Information About the Debt

The law requires the debt collector must send you a validation notice within five days of their first contact with you. The notice is required to state the amount of the debt that is owed, the name of the creditor who is owed the money, and instructions for you to refute the debt if you do not believe that you owe that particular debt.

You Believe You Do Not Owe the Debt

Debt collection agencies are hired by creditors to obtain money that is believed to be owed.  The debt collector receives a small percentage of the amount they recover. Debt collectors generally have very little information about the validity of the actual debt itself. If you do not believe that you owe the debt, send the debt collector a letter.  It is important to make sure you have proof that it was sent either by fax or by certified mail.   Advise the debt collector that you do not owe the debt and to stop contacting you.

Debt Collectors Are Prohibited from Engaging in Certain Conduct

Debt collectors will use all sorts of illicit tactics to attempt to get people to pay money even if they do not owe the debt. There are specific things that they are not permitted to do by the statute, but often continue to engage in. The following is a short list of specific practices that debt collectors are not allowed to do when trying to collect money that is owed:

1. They are not allowed to use any obscene or profane language when speaking to you;

2. They are not allowed to threaten you or your family with violence or harm in anyway;

3. They are prohibited from repeatedly calling you to annoy you;

4. They cannot lie about the amount of the debt that you owe;

5. They are prohibited from claiming that they are attorneys or government representatives. We see this frequently in our practice. A debt collection agency will send a letter and use a law firm name at the top. When we contact the alleged law firm, they have no record of the debt or the attempted collection;

6. They cannot claim or make false assertions that you would be arrested, or some other legal action taken against you that is not allowed in order to attempt to coerce you to pay the debt;

7. They are also prohibited from attempting to collect interest fees or charges on top of the amount owed unless whatever contract the debt stems from allowed for such costs;

8. They are prohibited from asking you to send a post-dated check meaning a check that is dated at some time in the future for them to deposit to collect the debt;

9. They are prohibited from threatening you that they will take your property unless it can actually be legally done, which would be very unusual. The debt would have to be larger than the value of the property and they would have to obtain a legal judgment in a court through a lawsuit filed against you and then they would have to file a separate lien action.  At that time, they would have to actually try to foreclose on a lien on a piece of real property which is not always permitted by the court.  This is why you should file a homestead on your home. https://www.leg.state.nv.us/Division/Research/Publications/Factsheets/HomesteadExemption.pdf

If debt collectors are harassing you or trying to collect more than one debt, you may choose which debt you would like to make a payment regarding.   A debt collector is prohibited from applying a payment to any debt that you dispute. If you do receive a lawsuit from a debt collection agency it is very important that you respond or have an attorney respond. If you fail to make any response to an actual lawsuit that is served on you by Process Server, they could get a default judgment against you and execute that judgment meaning collect that judgment on your property including bank accounts or your job through a garnishment of your wages. If you receive any type of lawsuit on a debt, it is important to contact an attorney or the legal aid society to get help and respond to the lawsuit.  https://www.lacsn.org/ 

Statutes of limitations On Collecting Debts

In Nevada, most debts are subject to the six-year statute of limitations meaning that if the debt was contracted more than six years ago the statute of limitations has run and they can no longer collect this money against you. This is referred to as “time barred” in the law. We have seen in our practice at TheOneLawyer.com, debt collectors attempt to collect debts that are older than six years against clients. Every state has a different statute of limitations but in Nevada it is six years. Before you pay any debt that is alleged to be owed make sure you find out where the debt originates and on what date they alleged that the debt was incurred. If it is more than six years from the present date, they are time barred from collecting that debt and they will no longer be permitted to file a lawsuit on that debt. If the debt is time-barred, immediately send the creditor a letter and advise them that it is time barred and that you are not paying the debt. 

Remedies for illegal debt collection

If a debt collector has used any of these illegal processes to attempt to collect a debt from you, you should contact the appropriate agency to report their actions. You have options. You can report their contact to your state Attorney General’s office to take action. You can also report their actions to the Federal Trade Commission https://www.ftc.gov/  or the Consumer Financial Protection Bureau. https://www.consumerfinance.gov/  In addition, some states have their own debt collection laws.  Nevada’s law follows the Fair Debt Collection Practices Act closely. Unfortunately, the remedy under the act is not as strong as it needs to be to prevent abuse. This is likely why many debt collectors ignore the law.   The penalty is too small. You can sue a debt collector in state or federal court within one year of the date that they violated the act. However, damages are limited to $1000 for reimbursement for attorney’s fees and court costs. It is permissible to bring a class action lawsuit for a violation of the Fair Debt Collection Practices Act. However, damages for such a suit are also limited under the act for which I highly disagree. Damages for violating the act in a class action suit are limited to $500,000 or 1% of the debt collectors net worth, whichever is lower. It is perplexing that Congress chose to put in such a low deterrent for violation of this important federal statute. However, with such a low recovery potential, it is difficult to find an attorney to incur the costs of a class action to go after debt collectors for their illegal practices.  This is likely why you may find yourself in a situation where debt collectors are in fact, violating the statute.

If you are in a situation where they are contacting you, be sure to put in writing that you either do not owe the debt or you wish to make some payment arrangement in order to have them stop calling you and try to resolve the debt as best you can. If you have any questions regarding any debt that you may be getting calls on and you have a question about their debt collection practices,  please do not hesitate to call us here at the TheOneLawyer.com for answers to your questions.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients and property owners.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful debts, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

WHAT IS A FIVE-DAY NOTICE OF UNLAWFUL DETAINER?

This is a Notice used for a Tenant-at -Will, meaning a tenant without a lease.  In the state of Nevada, a landlord is required to serve a tenant with a “Five Day Notice of Unlawful Detainer” to advise the tenant that their tenancy-at-will is ending. This notice instructs the tenant to leave the property. This notice is always preceded by a five-day notice that the tenancy at Will is ending. The unlawful detainer notice is the second noticed that a tenant will receive when the evection proceedings begin for a tenant at will.

What is a Tenant-at-Will?

Under the law, “tenancy-at-will” is the type of tenancy that exists when the tenant (known as a tenant- at-will) is residing on the premises with the consent of the landlord (either express or implied) for an indefinite period of time where no lease for that tenant is in place. The tenancy can be terminated by either party at it anytime. (See the case of Baker versus Simonds, 79 Nev. 434, 386 P 2d. 86, 1963 (also See 49 Am. Jur. 2d. Landlord Tenant section 118)

An example of a tenancy-at-will most commonly occurs where a landlord allows the tenant to stay on the property without a lease, the tenant is the guest on the property with the owner’s permission. The tenant is allowed to leave at any time and the owner can also have the guest leave at any time. Tenancy at will means that either the landlord or the tenant can terminate the tenancy at their discretion for any reason. No cause needs to be given to end the tenancy when the tenancy is at will. That is because there is no contract between the landlord and the tenant with which is commonly a lease agreement.  

In an action for unlawful detainer or ejectment from the property, there is no landlord tenant relationship and no lease in place.   In an unlawful detainer action, the person is being asked to leave the property because they have no lease agreement in place or because they are a squatter on the property. This often happens when premises are leased to a tenant and the tenant leaves and allows a family member or someone else to stay on the property to pay rent. That person has no legal rights and can be removed at any time at the landlord’s discretion.

When a five-day notice of unlawful detainer is served that gives the person residing on the premises notice that they must leave in five days. In Nevada, for a five-day notice (because the Courts are only open four days a week) it usually gives the tenant 8-10 days to vacate the premises.  This is because the only days that are counted are days the Court is open.  Therefore, the five days means five court days — meaning that Fridays are not counted, and neither are weekends or legal holiday. The notice runs from the day after it is served on the tenant to the end of the fifth legal day. 

To illustrate the calculation of the time, is a Tenant is served a Five-Day Notice of Unlawful Detainer on a Monday, 

Monday – the day of service is not counted.
Tuesday – is counted as day # 1.
Wednesday – is counted as day # 2.
Thursday – is counted as day # 3.
Friday – is counted as day # 4.
Saturday – weekend days are not counted.
Sunday – weekend days are not counted.
Next Monday – is counted as day # 5 and the Tenant has until the close of court to respond. .
Next Tuesday – is counted as day # 6 and that is the first day of expiration and Summary eviction can then be filed.

The following is the Nevada Form used for Unlawful Detainer. This form must be served by a licensed process server, attorney or constable.  (Note: attorneys rarely engage in serving notices and generally retain a licensed process server).

FIVE-DAY NOTICE OF UNLAWFUL DETAINER

(NRS 40.254)

TO:                                                                                                                                     FROM:

Tenant(s) Name(s) Landlord’s Name

Address         Address

City, State, Zip Code        City, State, Zip Code

DATE OF SERVICE: __________________ Telephone Number

YOU ARE GUILTY OF AN UNLAWFUL DETAINER.

YOU ARE REQUIRED TO QUIT THE PREMISES.

YOU MAY CONTEST THIS NOTICE by filing an Affidavit (or Answer) before the court’s close of business on the fifth (5th) full judicial day 1 following the Date of Service of this notice, with the Justice Court for the Township of (insert name of township where property is located), stating that you are not guilty of an unlawful detainer. The Justice Court is located at (insert Justice Court’s address):

__________________________

YOU CAN OBTAIN AN AFFIDAVIT/ANSWER FORM AND INFORMATION at the Civil Law Self-Help Center, located at the Regional Justice Center in downtown Las Vegas, or on its website, www.civillawselfhelpcenter.org.

If the court determines that you are guilty of an unlawful detainer, the court may issue a summary order for your removal or an order providing for your non-admittance, directing the sheriff or constable to post the order in a conspicuous place on the premises not later than 24 hours after the order is received by the sheriff or constable. The sheriff or constable shall then

remove you not earlier than 24 hours but not later than 36 hours after the posting of the order. You may request that the court stay the execution of the order for removal or non-admittance for a period of no more than 10 days by stating the reasons why a stay is warranted.

Pursuant to NRS 118A.390, you may seek relief if a landlord unlawfully removes you from the premises, or excludes you by blocking or attempting to block your entry upon the premises, or willfully interrupts or causes or permits the interruption of an

essential service required by the rental agreement or chapter 118A of the Nevada Revised Statutes.

DECLARATION OF SERVICE

On (insert date of service) _____________________________, I served this notice in the following manner (check only one):

c By delivering a copy to the tenant(s) personally.

c Because the tenant(s) was absent from tenant’s place of residence, by leaving a copy with (insert name or physical description

of person served) ____________________________________________, a person of suitable age and discretion, AND

mailing a copy to the tenant(s) at tenant’s place of residence.

c Because neither tenant nor a person of suitable age or discretion could be found there, by posting a copy in a

conspicuous place on the property AND mailing a copy to the tenant(s) at the place where the property is situated.

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.

_______________ _________________________ _______________________ ________

(Date)                           (Server’s Name)                                           (Server’s Badge/License #) 2 (Server’s Signature)

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients and property owners.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

WHAT IS A FIVE-DAY NOTICE TO QUIT OR PAY RENT?

In the state of Nevada every eviction by landlord against the tenant begins with some type of notice. There are several types of notices that are used, and they can be found at https://www.civillawselfhelpcenter.org/forms/eviction-housing-forms. This blog is one of a series of blogs that describes each notice, why it is used, and what ramifications follow when the notice is presented. Each eviction situation is different and various notices apply to specific separate situations. There are different notices for manufactured homes and non-manufactured homes. The average cost of the process for landlord to evict a tenant, not including attorney’s fees, is usually around $200 from start to finish depending on each specific situation. Evictions can vary in time greatly and can take anywhere from 10 days all the way up to 180 days which are dependent on the specific circumstance of each specific case. Interestingly, Nevada Revised Statute 118A.390 makes it illegal for a landlord to independently –by himself — carry out the entire addiction. A landlord cannot lock out a tenant without the involvement of the court, the sheriff, or the constable. In addition, a landlord cannot try to force the tenant from the property by making the conditions uninhabitable by doing things like turning off power or water to the property. This blog will specifically address the five day notice to quit or pay rent and discuss when and why it is used.


Specifically, a “Five day notice to quit or pay rent” can be served on the tenants on the first day that the tenants rent becomes delinquent under the lease– setting aside in a grace period. This notice advises the tenant they have five days to pay the rent that is delinquent or vacate the property. If they do not vacate the property, the notice will be followed by the posting of a five-day notice of unlawful detainer meaning that the tenant is now in unlawful possession of the property and must vacate the property.  Most evictions for non-payment of rent in Clark County start with the serving of the Five day notice to quit or pay rent and are then followed by the five-day notice of unlawful detainer.  The five-day notice of unlawful detainer is the last step to precede the filing of a summary eviction. Once a notice of unlawful detainer notice is given, the tenant occupancy of the premises has been deemed unlawful. In almost every case, the notice of unlawful detainer will follow other notices that had been given and expired.

If you are a tenant and unable to pay rent, and you are served with a five day notice to quit or pay rent that form., As indicated by the form above is your landlord’s admonition that you will be removed from the premises if you do not pay the rent owed within five days. Five days is calculated by days Monday through Thursday not counting the date that the notice was served. Fridays Saturdays and Sundays and legal holidays are not calculated within the five days. If the five days lapses and the tenant has not paid rent, the landlord will serve a five day notice unlawful detainer. If the tenant does not leave the property at the expiration of the five-day notice of unlawful detainer, the landlord can submit a summary motion and submit lock out instructions to the constable. The constable will then take the courts order granting eviction and change the locks on the premises. The following is the form Five day notice to quit or pay rent used in Nevada for non-payment of rent.

FIVE DAY NOTICE TO QUIT OR PAY RENT (form)

TO: FROM: 

Tenant(s) Name(s): Landlord’s Name 

Address 

City, State Zip Code City State Zip Code 

Date of Service: Manner of Service: [ ] Personal 

[ ] Substituted/Mailing 

[ ] Posting/Mailing 

PLEASE TAKE NOTICE that you are in default in payment of rent for the above described premises in the sum of $__________________________________ for the period commencing from to ___________________. Rental payment(s) became delinquent on . 

Your failure to pay rent, leave the premises, or contest this Notice within five (5) judicial days1 may result in the landlord applying to the Justice of the Peace of the Township for an Eviction Order. 

1 Judicial days do not include the date of service, weekends, or certain legal holidays. 

If the Justice of the Peace determines that you are guilty of an unlawful detainer, the Justice of the Peace may thereupon issue a summary order to remove you from, or provide for your non-admittance to, the above described premises that directs the constable or sheriff of this county to remove you within 24 hours after receipt of the order. 

The tenant is hereby advised of his right to contest this Notice by filing, with the Justice of the Peace of the Township, an Affidavit stating that he is not in default in the payment of rent. 

The tenant may also file an Affidavit requesting relief from the above referenced Justice of the Peace, pursuant to Nevada Revised Statute (NRS) 118A.390, if the landlord has unlawfully removed the tenant from the premises or has excluded the tenant by blocking, or attempting to block, the tenant’s entry upon the premises; or if the landlord willfully interrupts or FIVE-DAY NOTICE TO PAY RENT OR QUIT causes or permits the interruption of an essential service required by a the governing rental agreement or chapter 118A of NRS. 

The Justice of the Peace is located at ____________________________ ___________________________________. The Affidavit must be filed with the Court no later than noon on the fifth full judicial day following the date of service. The Affidavit may be accessed at the Nevada Supreme Court Self-Help Center at its website at http://www.nevadajudiciary.us/ 

DECLARATION OF SERVICE 

On __________________, I served this Notice in the following manner (select one): 

[ ] By delivering a copy to the tenant(s) personally, in the presence of a witness (the server, witness, and tenant must all sign a copy of the notice); 

(date) (type or print witness’ name) (witness’ signature) 

Tenant’s Signature OR 

[ ] Because the tenant(s) were absent from their place of residence or from their usual place of business, by leaving a copy with __________________________, a person of suitable age and discretion, at either place and mailing a copy to the tenant(s) at their place of residence or place of business; OR 

[ ] Because the place of residence or business could not be ascertained, or a person of suitable age or discretion could not be found there, by posting a copy in a conspicuous place on the property, delivering a copy to a person there residing, if the person could be found, and mailing a copy to the tenant(s) at the place where the property is situated. 

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct. 

(date) (type or print server’s name) (server’s signature)

 At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients and property owners.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

What Is A Thirty Day “No Cause” To Quit

Thirty Day “No Cause” To Quit

The law in the state of Nevada requires a landlord to give a tenant a certain amount of time to vacate the property for an eviction when the lease is expired, and the landlord wants his legal property vacated. In fact, under the Nevada Revised to statutes, a 30-day notice is required to be provided to the tenant who is a monthly tenant (or a seven-day notice if the tenant pays rent weekly) in order to begin the eviction process of a tenant who does not have a lease any longer. 

A “No-Cause” termination notice to vacate can only be used when a tenant is not bound by a lease. The 30-day notice is followed by a five-day notice of unlawful detainer.  If the tenant has not vacated the property at that time, a summary eviction will be filed along with lockout instructions to that constable.   The 30 days excludes the date that the notice was served.   The 30-day notice counts all calendar days 30 days following the date served. Notices under 30 days do not count weekends, legal holidays, or Fridays for purposes of calculating the number of days. 

The Thirty Day “No Cause” To Quit notice must be followed by a five-day notice that informs the tenant that they are required to leave because the presence is no longer lawful.  The five-day notice is called a “Five-Day Notice of Unlawful Detainer” and if this notice is served after the 30 days expires by a licensed Process Server, the constable will lock the tenant off the property at the expiration of the five days.  

Service of The Notice on The Tenant

In order to evict a tenant without cause, who is not under a lease, a person vested with legal authority must serve the tenant with the following two documents at two separate times as follows:

1. The landlord must serve Thirty Day “No Cause” To Quit if the tenant pays rent by the month and can serve a Seven Day “No Cause” To Quit if the tenant is a weekly renter pursuant to NRS 40.251(1)(b)(1); and following the expiration of the 30 day the landlord must serve the same tenant with a;

2. A Five-Day Notice to Quit for Unlawful Detainer pursuant to NRS 40.254.

It is important to point out that each of these notices is required to be “served “on the tenet by a sheriff, licensed Process Server, constable, or agent of an attorney licensed in Nevada in order for service to be considered valid. In other words, a landlord cannot serve this notice him or herself pursue it to NRS 40.280(1)

These notices are required to conform to the statute very carefully and are almost always the forms provided by the courts. These forms can be located at the civil law self-help center and can be downloaded from https://www.civillawselfhelpcenter.org/self-help/evictions-housing/evictions

All of these notices must be very specific and filled out accurately.  They can be typed or written in legible handwriting. These forms cannot be altered in anyway. If you would like additional information, go to https://www.civillawselfhelpcenter.org/self-help/evictions-housing/evictions.

Requirements of The Notice

The Thirty Day “No Cause” To Quit and Seven Day “No Cause” To Quit notices must contain very specific information and follow very specific guidelines. The notice must state the date the landlord expects the tenant to move which must be at least 30 days after the notice was served not counting the date of service. See NRS 40.251(1)(b)(1)(II) or at least seven days after a seven-day notice is served for a weekly tenant.

If the tenant is a monthly tenant who is 60 years or older and has a mental disability or physical disability, that tenant is provided means by law to request to remain on the rental property for an additional 30 days. Such requests must be in writing to the landlord and provide proof of age or disability. See you Nevada revise statute 40.251(2).  These rules are codified in the statute below:

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 worker or household member of such worker may request extension of period of possession.

1.  A tenant of real property, a recreational vehicle or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:

(a) Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, the tenant continues in possession thereof, in person or by subtenant, without the landlord’s consent after the expiration of a notice of:

             (1) For tenancies from week to week, at least 7 days;

             (2) Except as otherwise provided in subsection 2, for all other periodic tenancies, at least 30 days; or

             (3) For tenancies at will, at least 5 days.

      (b) A dwelling unit subject to the provisions of chapter 118A of NRS, the tenant continues in possession, in person or by subtenant, without the landlord’s consent after expiration of:

(1) The term of the rental agreement or its termination and, except as otherwise provided in subparagraph (2), the expiration of a notice of:

                   (I) At least 7 days for tenancies from week to week; and

                   (II) Except as otherwise provided in subsection 2, at least 30 days for all other periodic tenancies; or

             (2) A notice of at least 5 days where the tenant has failed to perform the tenant’s basic or contractual obligations under chapter 118A of NRS.

(c) A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 8 of NRS 40.215, the tenant continues in possession, in person or by subtenant, without the landlord’s consent:

(1) After notice has been given pursuant to NRS 118B.115118B.170 or 118B.190 and the period of the notice has expired; or

(2) If the person is not a natural person and has received three notices for nonpayment of rent within a 12-month period, immediately upon failure to pay timely rent.

(d) A recreational vehicle lot, the tenant continues in possession, in person or by subtenant, without the landlord’s consent, after the expiration of a notice of at least 5 days.

2.  Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1, other than a tenancy from week to week, is 60 years of age or older or has a physical or mental disability, the tenant may request to be allowed to continue in possession for an additional 30 days beyond the time specified in subsection 1 by submitting a written request for an extended period and providing proof of the tenant’s age or disability. A landlord may not be required to allow a tenant to continue in possession if a shorter notice is provided pursuant to subparagraph (2) of paragraph (b) of subsection 1.

3.  Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1 is a federal worker, tribal worker, state worker or household member of such a worker, the tenant may request to be allowed to continue in possession during the period commencing on the date on which a shutdown begins and ending on the date that is 30 days after the date on which the shutdown ends by submitting a written request for the extended period and providing proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker during the shutdown.

4.  Except as otherwise provided in NRS 118A.315, a landlord who receives a request from a tenant pursuant to subsection 3 shall allow a tenant to continue in possession for the period requested.

5.  Any notice provided pursuant to paragraph (a) or (b) of subsection 1 must include a statement advising the tenant of the provisions of subsections 2, 3 and 4.

6.  If a landlord rejects a request to allow a tenant to continue in possession for an additional 30 days pursuant to subsection 2, the tenant may petition the court for an order to continue in possession for the additional 30 days. If the tenant submits proof to the court that the tenant is entitled to request such an extension, the court may grant the petition and enter an order allowing the tenant to continue in possession for the additional 30 days. If the court denies the petition, the tenant must be allowed to continue in possession for 5 calendar days following the date of entry of the order denying the petition.

      (Added to NRS by 1985, 226; A 1989, 10811999, 31952001, 19462003, 24802019, 3177)

Governors Declaration of Emergency Directive 0306 Regarding the Pandemic

Governor Steve Sisolak recently issued another declaration which is in titled Governors Declaration of Emergency Directive 0306. It states that Nevada has instituted another eviction moratorium through March 31, 2021. Under Emergency Directive 036 most evictions are still allowed to proceed in Nevada at least as of the writing of this blog. The Directive extends to the moratorium on eviction ‘s for nonpayment of rent and no cause of actions where the tenant claims and can prove that they are unable to pay rent due to a loss of income from the pandemic. In order to fall under the protections of the moratorium, the onus is upon the tenant to submit the required declaration to the landlord to fall with under the new moratorium protections. In the declaration, the tenant must state that they are a “covered person” under the new moratorium. Under the directive the tenant must declare the following facts to be true and sign under penalty of perjury and in order to be protected by the moratorium:

1. The tenant must declare they are unable to pay the full rent because of the medical expenses they have incurred, or for loss of income or work that is directly related to the COVID-19 pandemic.

2. The tenant must further declare that they are likely to be homeless if they become evicted and have no family members or anyone that they can reside within the event of eviction.

3. Tenant must also declare that they earn less than $99,000 per year or 198,000 if they filed a joint tax return and received a stimulus check.

A tenant that is covered by the moratorium must invoke the protections of the moratorium themselves by filling this declaration ration under penalty of perjury.  

The Federal Government Also Extended the CDC Moratorium

Like the state of Nevada, the federal government also extended the CDC moratorium on eviction but only until January 31 and also requires the same CDC declaration. Under the federal moratorium the individual must also declare that they have use their best efforts to obtain available government assistance for rent and must make the same assertions regarding income and stimulus check and must further state that they are unable to pay the rent in full because of a substantial loss of income or hours or layoff due to the pandemic.

It is important to note that rent is only deferred under the moratorium and must be paid in full be the tenant in the future and a judgment can be later obtained against the tenant and executed against them.  The moratorium is not a waiver of paying rent forever, only a deferment that must be paid in the future by the tenant.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients and landlords in need of counsel.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.