Nevada AB 201: Revises provisions governing certain traffic laws. (BDR 43-604)

Bill Text

- 83rd Session (2025)
Assembly Bill No. 201–Assemblymember Roth

CHAPTER..........

AN ACT relating to evictions; requiring the automatic sealing of
certain eviction case court files under certain circumstances;
revising the circumstances under which a court is authorized
to seal certain eviction case court files; requiring the
automatic sealing of certain case court files related to
unjustified lockouts under certain circumstances; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides for the automatic sealing of certain eviction case court
files relating to an action for summary eviction. (NRS 40.2545) Section 1 of this
bill expands the circumstances under which an eviction case court file related to an
action for summary eviction is sealed automatically by providing for the automatic
sealing of any such file: (1) upon motion of the tenant, if the landlord does not file a
timely response opposing the motion; or (2) if an appeal taken by a party to the
action is resolved in certain ways.
Existing law authorizes a court to seal an eviction case court file under certain
circumstances, including, without limitation, upon motion by the tenant, if the court
finds that sealing the eviction case court file is in the interests of justice and those
interests are not outweighed by the public’s interest in knowing about the contents
of the eviction case court file. (NRS 40.2545) Section 1 provides that the filing of a
motion to seal an eviction case court file more than 1 year after the date on which
the eviction order is entered creates a rebuttable presumption that sealing the
eviction case court file is in the interests of justice.
Existing law authorizes an occupant locked out of a dwelling by the owner or
an authorized representative of the owner to recover possession of the dwelling by
filing a verified complaint for reentry in justice court. Under existing law, if an
occupant files such a complaint, the court is required to hold a trial and, if the court
finds that the lockout was unjustified, issue a writ of restitution to restore
possession of the dwelling to the occupant. (NRS 40.416) Section 1.5 of this bill
provides for the automatic sealing of the case court file relating to a verified
complaint for reentry if the court finds that the lockout was unjustified and certain
conditions are met.

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 40.2545 is hereby amended to read as follows:
40.2545 1. If a court grants an action for summary eviction
pursuant to NRS 40.253 during the COVID-19 emergency, the court
shall automatically seal the eviction case court file.
2. In addition to the provisions for the automatic sealing of an
eviction case court file pursuant to subsection 1, in any action for
summary eviction pursuant to NRS 40.253, 40.254 or 40.2542, the

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- 83rd Session (2025)
eviction case court file is sealed automatically and not open to
inspection:
(a) Upon the entry of a court order which dismisses the action
for summary eviction;
(b) Upon motion of the tenant, if the landlord does not file a
response opposing the motion within 7 judicial days after the date
of service of the motion;
(c) Ten judicial days after the entry of a court order which
denies the action for summary eviction; [or
(c)] (d) Thirty-one days after the tenant has filed an affidavit
described in subsection 3 of NRS 40.253 or subsection 3 of NRS
40.2542, if the landlord has failed to file an affidavit of complaint
pursuant to subsection 5 of NRS 40.253 or subsection 5 of NRS
40.2542 within 30 days after the tenant filed the affidavit [.] ; or
(e) If an appeal is taken, upon a district court with jurisdiction
over the matter rendering a decision that:
(1) Upholds an order which dismisses an action for
summary eviction;
(2) Upholds an order which denies an action for summary
eviction; or
(3) Remands the case to the court from which the appeal
was taken for the entry of an order which:
(I) Dismisses an action for summary eviction; or
(II) Denies an action for summary eviction.
3. In addition to the provisions for the automatic sealing of an
eviction case court file pursuant to subsections 1 and 2, the court
may order the sealing of an eviction case court file for an action for
summary eviction pursuant to NRS 40.253, 40.254 or 40.2542:
(a) Upon the filing of a written stipulation by the landlord and
the tenant to set aside the order of eviction and seal the eviction case
court file; or
(b) Upon motion of the tenant and decision by the court if the
court finds that:
(1) The eviction should be set aside pursuant to Rule 60 of
the Justice Court Rules of Civil Procedure; or
(2) Sealing the eviction case court file is in the interests of
justice and those interests are not outweighed by the public’s
interest