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 him 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.
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 him 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 his 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 he 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 179.119, 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 he 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 his recovery of the property or mobile home upon such a violation and provide for the recovery of any reasonable attorney’s fees he 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 179.119, 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.
Last modified: February 26, 2006