Nevada Revised Statutes

Nev. Rev. Stat. § 118A.390 (2026)

Unlawful removal or exclusion of tenant or willful interruption of essential items or services; procedure for expedited relief

✓ current as of July 2026
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NRS 118A.390  Unlawful removal or exclusion of tenant or willful interruption of essential items or services; procedure for expedited relief.

      1.  If the landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenant’s entry upon the premises, willfully interrupts or causes or permits the interruption of any essential item or service required by the rental agreement or this chapter or otherwise recovers possession of the dwelling unit in violation of NRS 118A.480, the tenant may recover immediate possession pursuant to subsection 4, proceed under NRS 118A.380 or terminate the rental agreement and, in addition to any other remedy, recover the tenant’s actual damages, receive an amount not greater than $2,500 to be fixed by the court, or both.

      2.  In determining the amount, if any, to be awarded under subsection 1, the court shall consider:

      (a) Whether the landlord acted in good faith;

      (b) The course of conduct between the landlord and the tenant; and

      (c) The degree of harm to the tenant caused by the landlord’s conduct.

      3.  If the rental agreement is terminated pursuant to subsection 1, the landlord shall return all prepaid rent and any security deposit recoverable under this chapter.

      4.  Except as otherwise provided in subsection 5, the tenant may recover immediate possession of the premises from the landlord by filing a verified complaint for expedited relief for the unlawful removal or exclusion of the tenant from the premises, the willful interruption of any essential item or service or the recovery of possession of the dwelling unit in violation of NRS 118A.480.

      5.  A verified complaint for expedited relief:

      (a) Must be filed with the court within 5 judicial days after the date of the unlawful act by the landlord, and the verified complaint must be dismissed if it is not timely filed. If the verified complaint for expedited relief is dismissed pursuant to this paragraph, the tenant retains the right to pursue all other available remedies against the landlord.

      (b) May be consolidated with any action for summary eviction or unlawful detainer that is already pending between the landlord and tenant.

      6.  The court shall conduct a hearing on the verified complaint for expedited relief not later than 3 judicial days after the filing of the verified complaint for expedited relief. Before or at the scheduled hearing, the tenant must provide proof that the landlord has been properly served with a copy of the verified complaint for expedited relief. Upon the hearing, if it is determined that the landlord has violated any of the provisions of subsection 1, the court may:

      (a) Order the landlord to restore to the tenant the premises or essential items or services, or both;

      (b) Award damages pursuant to subsection 1; and

      (c) Enjoin the landlord from violating the provisions of subsection 1 and, if the circumstances so warrant, hold the landlord in contempt of court.

      7.  The payment of all costs and official fees must be deferred for any tenant who files a verified complaint for expedited relief. After any hearing and not later than final disposition of the filing or order, the court shall assess the costs and fees against the party that does not prevail, except that the court may reduce them or waive them, as justice may require.

      (Added to NRS by 1977, 1340; A 1985, 1417; 2003, 426; 2011, 238; 2019, 225; 2021, 403)

     

Notes of Decisions
Cited in 9 cases (7 in the last 5 years), 2013–2026 · leading case: Sobel v. Hertz Corp.
Sobel v. Hertz Corp., 291 F.R.D. 525 (D. Nev. 2013). · cites it 2× “340 (damages for violation of vehicle odometer disclosure requirements); NRS § 118A.390(1) (damages for retaliatory eviction); NRS § 369.”
Dogbe v. The Lakes at Lemmon Valley, LLC (D. Nev. 2025). · cites it 8× “120; constructive eviction in violation of NRS 118A.390; breach of contract; breach of the 21 implied covenant of good faith and fair dealing; unjust enrichment; intentional infliction of 22 emotional distress (IIED); and negligent infliction of emotional distress (NIED).”
Dogbe v. The Lakes at Lemmon Valley, LLC (D. Nev. 2024). · cites it 6× “120; constructive 1 eviction in violation of NRS 118A.390; breach of contract; breach of the implied covenant of 2 good faith and fair dealing; unjust enrichment; intentional infliction of emotional distress (IIED); 3 and negligent infliction of emotional distress (NIED).”
Ellerbe v. Tuscan Highlands LLC (D. Nev. 2025). · cites it 6× “2 Plaintiff sues Defendant Tuscan Highlands LLC; Schulman Properties; and Winnie 3 Schulman for damages and injunctive relief, alleging six causes of action: (1) wrongful eviction 4 in violation of NRS 118A.390; (2) constructive eviction; (3) disparate treatment in violation of…”
Ellerbe v. Tuscan Highlands Apts. (D. Nev. 2024). · cites it 5× “Wrongful eviction in violation of NRS 118A.390. 17 Plaintiff appears to bring a state claim for wrongful eviction in violation of NRS 18 118A.”
Taylor (D. Nev. 2026). · cites it 4× “Wrongful eviction in violation of NRS 118A.390 20 The Court liberally construes plaintiff’s due process claim as one for wrongful conviction in 21 violation of NRS 118A.”
Brown (D. Nev. 2025). · cites it 2× “The FAC brings the following claims: 9 (1) breach of contract, (2) fraud, (3) unjust enrichment, and (4) “violations of Nevada property 10 law” which cites NRS 118A.390. 11 On December 26, 2024, Defendants filed the instant Motion to Dismiss the FAC.”
James Drury v. Barcelona Holdings, LLC (9th Cir. 2019). “See Nev. Rev. Stat. §§ 118A.390, 118A.510(2) (identifying remedies available to tenant for landlord’s violation of § 118A.”
Vigil v. Brar (D. Nev. 2025). “See NRS 118A.390 (Nevada statute 21 regarding a tenant’s ability to recover damages for unlawful eviction).”
— Nev. Rev. Stat. § 118A.390(1) — 6 cases
Sobel v. Hertz Corp., 291 F.R.D. 525 (D. Nev. 2013). “340 (damages for violation of vehicle odometer disclosure requirements); NRS § 118A.390(1) (damages for retaliatory eviction); NRS § 369.”
Ellerbe v. Tuscan Highlands Apts. (D. Nev. 2024). “Wrongful eviction in violation of NRS 118A.390. 17 Plaintiff appears to bring a state claim for wrongful eviction in violation of NRS 18 118A.”
Dogbe v. The Lakes at Lemmon Valley, LLC (D. Nev. 2024). “120; constructive 1 eviction in violation of NRS 118A.390; breach of contract; breach of the implied covenant of 2 good faith and fair dealing; unjust enrichment; intentional infliction of emotional distress (IIED); 3 and negligent infliction of emotional distress (NIED).”
Ellerbe v. Tuscan Highlands LLC (D. Nev. 2025). “2 Plaintiff sues Defendant Tuscan Highlands LLC; Schulman Properties; and Winnie 3 Schulman for damages and injunctive relief, alleging six causes of action: (1) wrongful eviction 4 in violation of NRS 118A.390; (2) constructive eviction; (3) disparate treatment in violation of…”
Dogbe v. The Lakes at Lemmon Valley, LLC (D. Nev. 2025). “120; constructive eviction in violation of NRS 118A.390; breach of contract; breach of the 21 implied covenant of good faith and fair dealing; unjust enrichment; intentional infliction of 22 emotional distress (IIED); and negligent infliction of emotional distress (NIED).”
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