Nevada Revised Statutes 453.305 – Forfeiture of real property or mobile home: Notices to owner
1. Whenever a person is arrested for violating any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, and real property or a mobile home occupied by the person as a tenant has been used to facilitate the violation, the prosecuting attorney responsible for the case shall cause to be delivered to the owner of the property or mobile home a written notice of the arrest.
Terms Used In Nevada Revised Statutes 453.305
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
2. Whenever a person is convicted of violating any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, and real property or a mobile home occupied by the person as a tenant has been used to facilitate the violation, the prosecuting attorney responsible for the case shall cause to be delivered to the owner of the property or mobile home a written notice of the conviction.
3. The notices required by this section must:
(a) Be written in language which is easily understood;
(b) Be sent by certified or registered mail, return receipt requested, to the owner at the owner’s last known address;
(c) Be sent within 15 days after the arrest occurs or judgment of conviction is entered against the tenant, as the case may be;
(d) Identify the tenant involved and the offense for which the tenant has been arrested or convicted; and
(e) Advise the owner that:
(1) The property or mobile home is subject to forfeiture pursuant to NRS 179.1156 to 179.1205, inclusive, and 453.301 unless the tenant, if convicted, is evicted;
(2) Any similar violation by the same tenant in the future may also result in the forfeiture of the property unless the tenant has been evicted;
(3) In any proceeding for forfeiture based upon such a violation the owner will, by reason of the notice, be deemed to have known of and consented to the unlawful use of the property or mobile home; and
(4) The provisions of NRS 40.2514 and 40.254 authorize the supplemental remedy of summary eviction to facilitate the owner’s recovery of the property or mobile home upon such a violation and provide for the recovery of any reasonable attorney’s fees the owner incurs in doing so.
4. Nothing in this section shall be deemed to preclude the commencement of a proceeding for forfeiture or the forfeiture of the property or mobile home, whether or not the notices required by this section are given as required, if the proceeding and forfeiture are otherwise authorized pursuant to NRS 179.1156 to 179.1205, inclusive, and 453.301.
5. As used in this section, ‘tenant’ means any person entitled under a written or oral rental agreement to occupy real property or a mobile home to the exclusion of others.