Amendment No. 312

Assembly Amendment to Assembly Bill No. 477 (BDR 10-1290)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by renumbering sections 5 and 6 as sections 6 and 7 and adding a new section designated sec. 5, following sec. 4, to read as follows:

"Sec. 5. NRS 118B.170 is hereby amended to read as follows:

118B.170 1. The landlord may require approval of a prospective buyer and tenant before the sale of a tenant’s mobile home or recreational vehicle, if the mobile home or vehicle will remain in the park. The landlord shall consider the record, if any, of the prospective buyer and tenant concerning the payment of rent. The landlord shall not unreasonably withhold his consent.

2. If a tenant sells his mobile home or recreational vehicle, the landlord may require that the mobile home or recreational vehicle be removed from the park if it is deemed by the park’s written rules or regulations in the possession of the tenants to be in a run-down condition or in disrepair or does not meet the safety standards set forth in NRS 461A.120. If the mobile home must be inspected to determine compliance with the standards, the person requesting the inspection shall pay for it.

3. If the landlord requires the approval of a prospective buyer and tenant, he shall post and maintain a sign which is clearly readable at the entrance to the park which advises the reader that before a mobile home in the park is sold, the prospective buyer must be approved by the landlord.

4. If the landlord requires the approval of a prospective buyer and tenant of a mobile home or recreational vehicle and the mobile home or recreational vehicle is sold without the approval of the landlord, the landlord may:

(a) After providing at least 10 days’ written notice to the buyer and tenant, bring an action for an unlawful detainer in the manner prescribed in chapter 40 of NRS; or

(b) Require the buyer and tenant to sign a rental agreement. If the buyer and tenant refuse to sign the rental agreement within 5 days after such a request, the landlord may, after providing at least 10 days’ written notice to the buyer and tenant, bring an action for an unlawful detainer in the manner provided in chapter 40 of NRS.

5. For the purposes of NRS 40.251, a person who:

(a) Purchases a mobile home or recreational vehicle from a tenant of a mobile home park which will remain in the park;

(b) Was required to be approved by the landlord of the mobile home park before the sale of the mobile home or recreational vehicle; and

(c) Was not approved by the landlord before he purchased that mobile home or recreational vehicle,

shall be deemed a tenant at will and a lessee of the mobile home park.".

Amend the bill as a whole by adding a new section designated sec. 8, following sec. 6, to read as follows:

"Sec. 8. NRS 40.251 is hereby amended to read as follows:

40.251 A tenant of real property, a recreational vehicle or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:

1. Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, he continues in possession thereof, in person or by subtenant, without the landlord’s consent after the expiration of a notice of:

(a) For tenancies from week to week, at least 7 days;

(b) For all other periodic tenancies, at least 30 days; or

(c) For tenancies at will, at least 5 days.

2. A dwelling unit subject to the provisions of chapter 118A of NRS, he continues in possession, in person or by subtenant, without the landlord’s consent after expiration of:

(a) The term of the rental agreement or its termination and, except as otherwise provided in paragraph (b), the expiration of a notice of at least 7 days for tenancies from week to week and 30 days for all other periodic tenancies; or

(b) A notice of at least 5 days where the tenant has failed to perform his basic or contractual obligations under chapter 118A of NRS.

3. A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215, he continues in possession, in person or by subtenant, without the landlord’s consent, after notice has been given pursuant to NRS 118B.170 or 118B.190 and the period of the notice has expired.

4. A recreational vehicle lot, he continues in possession, in person or by subtenant, without the landlord’s consent, after the expiration of a notice of at least 5 days.".

Amend the title of the bill, eighth line, after "landlord;" by inserting:

"providing remedies for failure of the buyer and tenant of a mobile home to gain prior approval of landlord where requires;"