NRS
40.360 Judgment; damages; execution and enforcement.
1. Judgment. If, upon the
trial, the verdict of the jury, or, if the case be tried without a jury, the
finding of the court, be in favor of the plaintiff and against the defendant,
judgment shall be entered for the restitution of the premises; and, if the
proceeding be for unlawful detainer after neglect or failure to perform any
condition or covenant of the lease or agreement under which the property is
held, or after default in the payment of rent, the judgment shall also declare
the forfeiture of such lease or agreement.
2. Damages. The jury or the
court, if the proceeding be tried without a jury, shall also assess the damages
occasioned to the plaintiff by any forcible entry, or by any forcible or
unlawful detainer, and any amount found due the plaintiff by reason of waste of
the premises by the defendant during the tenancy, alleged in the complaint and
proved on the trial, and find the amount of any rent due, if the alleged
unlawful detainer be after default in the payment of rent; and the judgment
shall be rendered against the defendant guilty of the forcible entry, or
forcible or unlawful detainer, for the rent and for three times the amount of
the damages thus assessed.
3. Execution and enforcement. When
the proceeding is for an unlawful detainer after default in the payment of the
rent, and the lease or agreement under which the rent is payable has not by its
terms expired, execution upon the judgment shall not be issued until the
expiration of 5 days after the entry of the judgment, within which time the
tenant, or any subtenant, or any mortgagee of the term, or other party
interested in its continuance, may pay into court for the landlord the amount
of the judgment and costs, and thereupon the judgment shall be satisfied and
the tenant be restored to the tenant’s estate; but, if payment, as herein
provided, be not made within the 5 days, the judgment may be enforced for its
full amount and for the possession of the premises. In all other cases the
judgment may be enforced immediately.
[1911 CPA § 657; RL § 5599; NCL § 9146]
Notes of Decisions
Chapman v. Deutsche Bank Nat'l Trust Co., 302 P.3d 1103 (Nev. 2013).
“NRS 40.360(1). Although possession of property differs from ownership of property, possession is nonetheless a type of property interest.”
Gibby's, Inc. v. Aylett, 615 P.2d 949 (Nev. 1980).
· cites it 3× “NRS 40.360 Judgment; damages; execution and enforcement: 1.”
Gasser v. Jet Craft Ltd., 487 P.2d 346 (Nev. 1971).
· cites it 3× “360(2) arguably permits *381 a judgment for rent only when the “alleged unlawful detainer be after default in the payment of rent”) Thus, unless respondent was guilty of some unlawful detainer, the lower court clearly did not err in failing to determine the amount of rent owing…”
Suarez v. Christian, 18 V.I. 581 (D.V.I. 1981).
· cites it 2× “NRS 40.360(1) authorizes a court to order restitution and forfeiture of the lease where judgment is rendered for the plaintiff.”
Volpert v. Papagna, 433 P.2d 533 (Nev. 1967).
· cites it 2× “NRS 40.360(1) states that: “* * * if the proceeding be for unlawful detainer * * * after default in the payment of rent, the judgment shall also declare the forfeiture of such lease or agreement.”
McKinnon v. Cantarutti-Althuizen, 639 P.2d 563 (Nev. 1982).
· cites it 5× “McKinnon claimed that this act constituted “unlawful eviction,” and that he was therefore entitled to actual damages and treble damages pursuant to NRS 40.360. A jury rendered a verdict against Cantarutti on Cantarutti’s complaint and in favor of McKinnon on McKinnon’s…”
Univ. Cmty. Props. v. New Riverside Cafe, 268 N.W.2d 573 (Minn. 1978).
“); Nev.Rev.Stat. § 40.360 (1975). 6 . In cases where the tenant is found to have a valid statutory defense, of course, it would prevail in the unlawful detainer action and accordingly would have no need to assert a right of redemption.”
— Nev. Rev. Stat. § 40.360(1) — 5 cases
Chapman v. Deutsche Bank Nat'l Trust Co., 302 P.3d 1103 (Nev. 2013).
“NRS 40.360(1). Although possession of property differs from ownership of property, possession is nonetheless a type of property interest.”
Volpert v. Papagna, 433 P.2d 533 (Nev. 1967).
“NRS 40.360(1) states that: “* * * if the proceeding be for unlawful detainer * * * after default in the payment of rent, the judgment shall also declare the forfeiture of such lease or agreement.”
Suarez v. Christian, 18 V.I. 581 (D.V.I. 1981).
“NRS 40.360(1) authorizes a court to order restitution and forfeiture of the lease where judgment is rendered for the plaintiff.”
Gasser v. Jet Craft Ltd., 487 P.2d 346 (Nev. 1971).
“360(2) arguably permits *381 a judgment for rent only when the “alleged unlawful detainer be after default in the payment of rent”) Thus, unless respondent was guilty of some unlawful detainer, the lower court clearly did not err in failing to determine the amount of rent owing…”
— Nev. Rev. Stat. § 40.360(2) — 3 cases
Gasser v. Jet Craft Ltd., 487 P.2d 346 (Nev. 1971).
“360(2) arguably permits *381 a judgment for rent only when the “alleged unlawful detainer be after default in the payment of rent”) Thus, unless respondent was guilty of some unlawful detainer, the lower court clearly did not err in failing to determine the amount of rent owing…”
Suarez v. Christian, 18 V.I. 581 (D.V.I. 1981).
“NRS 40.360(1) authorizes a court to order restitution and forfeiture of the lease where judgment is rendered for the plaintiff.”
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