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What is the process to file a Notice of Non-Responsibility once it has been filled out?

Nevada

We own Montelago Village in Henderson Nevada, and one of our new tenants moving in provided us a form to fill out and file however I am not sure what th eprocess is to file this form? I have it filled out (Corporate is in California and the tenant and property is Nevada so which form do we need a California one or Nevada one) just needing to know the steps, who gets it? Is there a fee? Where do I file? Is it the county or the city that needs this form? I have contacted both the county and the city and both are not aware of this document and couldn't assist me to the right direction. I just need to know the information to file this claim and where we need to submit this form? Can you assist?

1 reply

Jan 24, 2018

First, for a Notice of Nonresponsibility to have effect on Nevada property, a Nevada form would be necessary. This notice is made pursuant to § 108.234 of the Nevada mechanics lien statute. The time for filing is quick, too - generally, it must be filed within 3 days after first obtaining knowledge of the construction. But for lessors, the Notice of Nonresponsibility must be recorded within 3 days immediately following the effective date of the lease. The Notice of Nonresponsibility must be recorded by recording a notice, in writing, with the county recorder of the county where the property is located. Typically, county recorder fees will vary based on what is being filed and can even differ county-to-county (but a recording fee will probably apply). Further, notice that the Notice of Nonresponsibility has been recorded must be made to the lessee within 10 days of recording and to the prime contractor within 10 days of when the contract was signed between the lessee and the prime contractor. Those notices must be made by personal delivery or certified mail, return receipt requested. Anyway, to be effective, such a notice must contain: (a) the names and addresses the owner and the person initiating the work; (b) the location of the improvement and the address and legal description of the property where the improvement is located; (c) the nature and extent of the owner's interest in the improvement and the property upon which the improvement is or will be constructed, altered, or repaired; (d) the date on which the owner first learned of the construction, alteration, or repair of the improvement; and (e) whether the owner has notified the lessee that the lessee must comply with the requirements of NRS 108.2403.

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