(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT A.B. 619
Assembly Bill No. 619–Committee on Commerce and Labor
March 26, 2001
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises certain provisions relating to mobile home parks. (BDR 10‑1090)
FISCAL NOTE: Effect on Local Government: No.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 118B of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2, 3 and 4 of this act.
1-3 Sec. 2. “Corporate cooperative park” means a mobile home park
1-4 owned by a nonprofit cooperative corporation formed pursuant to
1-5 chapter 81 of NRS that is wholly owned or controlled by the tenants of
1-6 the park.
1-7 Sec. 3. 1. The landlord of a mobile home park may require that a
1-8 person submit a written application to and receive written consent from
1-9 the landlord before the person moves or causes to be moved a mobile
1-10 home or recreational vehicle into the mobile home park. The landlord
1-11 shall not unreasonably withhold his consent.
1-12 2. If the landlord of a mobile home park requires written consent
1-13 pursuant to subsection 1, the landlord shall post and maintain a sign that
1-14 is clearly readable at the entrance to the mobile home park which advises
2-1 the reader of the consent that is required before a person may move or
2-2 cause to be moved a mobile home or recreational vehicle into the mobile
2-3 home park.
2-4 3. If a person moves or causes to be moved a mobile home or
2-5 recreational vehicle into the mobile home park without the written
2-6 consent of the landlord, if the landlord requires such consent pursuant to
2-7 subsection 1, the landlord of that mobile home park may:
2-8 (a) After providing at least 5 days’ written notice to the person, bring
2-9 an action for an unlawful detainer in the manner prescribed in chapter
2-10 40 of NRS; or
2-11 (b) Require the person to sign a rental agreement. If the person
2-12 refuses to sign the rental agreement within 5 days after such a request,
2-13 the landlord may, after providing at least 5 days’ written notice to the
2-14 person, bring an action for an unlawful detainer in the manner provided
2-15 in chapter 40 of NRS.
2-16 4. For the purposes of NRS 40.251, a person who moves or causes to
2-17 be moved a mobile home or recreational vehicle into a mobile home park
2-18 without the written consent of the landlord, if the landlord requires such
2-19 consent pursuant to subsection 1, shall be deemed a tenant at will and a
2-20 lessee of the mobile home park.
2-21 5. The provisions of this section do not apply to a corporate
2-22 cooperative park.
2-23 Sec. 4. 1. The landlord of a mobile home park shall post in a
2-24 conspicuous and readily accessible place in the community or
2-25 recreational facility in the mobile home park, at or near the entrance of
2-26 the mobile home park or other common area in the mobile home park, a
2-27 current report on the quality of the water that is supplied to the mobile
2-28 home park.
2-29 2. Except as otherwise provided in subsection 3, the report must be
2-30 obtained from the community water system that is the supplier of water to
2-31 the mobile home park. Except as otherwise provided in subsection 4, the
2-32 landlord shall post the report at least once each year and at such other
2-33 times as the community water system may provide an updated report to
2-34 the landlord.
2-35 3. If a mobile home park is not a community water system and does
2-36 not otherwise obtain water from a community water system, the landlord
2-37 of the mobile home park shall annually cause the water that is provided
2-38 to the tenants of the mobile home park to be tested in accordance with
2-39 the standards adopted pursuant to NRS 445A.855. The test must be
2-40 performed by a laboratory certified by the health division of the
2-41 department of human resources pursuant to NRS 445A.863.
2-42 4. Upon receipt of the results of a test performed pursuant to
2-43 subsection 3, the landlord shall prepare or cause to be prepared a report
2-44 on the quality of the water that is supplied to the tenants of the mobile
2-45 home park. The report must be accurately based upon the results of the
2-46 test and prepared in accordance with the standards adopted by the state
2-47 board of health pursuant to NRS 445A.855 for similar reports by
2-48 community water systems. The landlord shall post a copy of the most
2-49 current report in accordance with subsection 1 and shall deliver a copy
3-1 of each such report to the health division of the department of human
3-2 resources or the health authority as that term is defined in NRS
3-3 445A.820.
3-4 5. As used in this section, “community water system” has the
3-5 meaning ascribed to it in NRS 445A.808.
3-6 Sec. 5. NRS 118B.010 is hereby amended to read as follows:
3-7 118B.010 As used in this chapter, unless the context otherwise
3-8 requires, the words and terms defined in NRS 118B.011 to 118B.0195,
3-9 inclusive, and section 2 of this act have the meanings ascribed to them in
3-10 those sections.
3-11 Sec. 6. NRS 118B.060 is hereby amended to read as follows:
3-12 118B.060 1. Any payment, deposit, fee [,] or other charge which is
3-13 required by the landlord in addition to periodic rent, utility charges or
3-14 service fees and is collected as prepaid rent or a sum to compensate for any
3-15 tenant default is a “deposit” governed by the provisions of this section.
3-16 2. The landlord shall maintain a separate record of the deposits.
3-17 3. Except as otherwise provided in subsection 4:
3-18 (a) All deposits are refundable, and upon termination of the tenancy, or
3-19 if the deposit is collected as a sum to compensate for a tenant default, not
3-20 more than 5 years after the landlord receives the deposit, the landlord may
3-21 claim from a deposit only such amounts as are reasonably necessary to
3-22 remedy tenant defaults in the payment of rent, utility charges or service
3-23 fees and to repair damage to the park caused by the tenant. The landlord
3-24 shall provide the tenant with an itemized written accounting of the
3-25 disposition of the deposit.
3-26 (b) Any refund must be sent to the tenant within 21 days after the
3-27 tenancy is terminated.
3-28 4. Each deposit collected as a sum to compensate for a tenant default
3-29 must be refunded to the tenant not more than 5 years after the landlord
3-30 receives the deposit or upon the termination of the tenancy, whichever is
3-31 earlier. The refund must include interest at the rate of 5 percent per year,
3-32 compounded annually, for the entire period during which the deposit was
3-33 held by the landlord.
3-34 5. Upon termination of the landlord’s interest in the mobile home park,
3-35 the landlord shall transfer to his successor in interest that portion of the
3-36 deposit remaining after making any deductions allowed pursuant to this
3-37 section or refund that portion to the tenant.
3-38 6. If the former landlord fails to transfer that portion of the deposit
3-39 remaining to the successor in interest or refund it to the tenant at the time
3-40 the successor in interest takes possession, the successor becomes jointly
3-41 and severally liable with the former landlord for refunding to the tenant
3-42 that portion of the deposit to which he is entitled.
3-43 7. If the former landlord fails to transfer or refund the deposit, the
3-44 tenant may not be required to pay another deposit until the successor in
3-45 interest refunds the deposit to the tenant or provides him with an itemized
3-46 written accounting of the statutorily authorized disposition of the deposit.
3-47 8. The claim of the tenant to any deposit to which he is entitled by law
3-48 takes precedence over the claim of any creditor of the landlord.
4-1 9. The provisions of this section do not apply to a corporate
4-2 cooperative park.
4-3 Sec. 7. NRS 118B.120 is hereby amended to read as follows:
4-4 118B.120 1. The landlord or his agent or employee may:
4-5 (a) Require that the tenant landscape and maintain the tenant’s lot if the
4-6 landlord advises the tenant in writing of reasonable requirements for the
4-7 landscaping.
4-8 (b) If the tenant does not comply with the provisions of paragraph (a),
4-9 maintain the tenant’s lot and charge the tenant a service fee for the actual
4-10 cost of that maintenance.
4-11 (c) Require that the mobile home be removed from the park if it is
4-12 unoccupied for more than 90 consecutive days and the tenant or dealer is
4-13 not making good faith and diligent efforts to sell it.
4-14 2. The landlord shall maintain, in the manner required for the other
4-15 tenants, any lot on which is located a mobile home within the park which
4-16 has been repossessed, abandoned or held for rent or taxes. The landlord is
4-17 entitled to reimbursement for the cost of that maintenance from the
4-18 repossessor or lien holder or from the proceeds of any sale for taxes, as the
4-19 case may be.
4-20 3. The landlord shall trim all the trees located within the park and
4-21 dispose of the trimmings from those trees absent a voluntary assumption of
4-22 that duty by the tenant for trees on the tenant’s lot.
4-23 4. For the purposes of this section, a mobile home shall be deemed to
4-24 be abandoned if:
4-25 (a) It is located on a lot in a mobile home park , other than a corporate
4-26 cooperative park, for which no rent has been paid for at least 60 days;
4-27 (b) It is unoccupied; and
4-28 (c) The manager of the mobile home park reasonably believes it to be
4-29 abandoned.
4-30 Sec. 8. NRS 118B.140 is hereby amended to read as follows:
4-31 118B.140 [The]
4-32 1. Except as otherwise provided in subsection 2, the landlord or his
4-33 agent or employee shall not:
4-34 [1.] (a) Require a person to purchase a mobile home from him or any
4-35 other person as a condition to renting a mobile home lot to the purchaser or
4-36 give an adjustment of rent or fees, or provide any other incentive to induce
4-37 the purchase of a mobile home from him or any other person.
4-38 [2.] (b) Charge or receive:
4-39 [(a)] (1) Any entrance or exit fee for assuming or leaving occupancy of
4-40 a mobile home lot.
4-41 [(b)] (2) Any transfer or selling fee or commission as a condition to
4-42 permitting a tenant to sell his mobile home or recreational vehicle within
4-43 the mobile home park even if the mobile home or recreational vehicle is to
4-44 remain within the park, unless the landlord is licensed as a dealer of mobile
4-45 homes pursuant to NRS 489.311 and has acted as the tenant’s agent in the
4-46 sale pursuant to a written contract.
4-47 [(c)] (3) Any fee for the tenant’s spouse or children.
4-48 [(d)] (4) Any fee for pets kept by a tenant in the park. If special
4-49 facilities or services are provided, the landlord may also charge a fee
5-1 reasonably related to the cost of maintenance of the facility or service and
5-2 the number of pets kept in the facility.
5-3 [(e)] (5) Any additional service fee unless the landlord provides an
5-4 additional service which is needed to protect the health and welfare of the
5-5 tenants, and written notice advising each tenant of the additional fee is sent
5-6 to the tenant 90 days in advance of the first payment to be made, and
5-7 written notice of the additional fee is given to prospective tenants on or
5-8 before commencement of their tenancy. A tenant may only be required to
5-9 pay the additional service fee for the duration of the additional service.
5-10 [(f)] (6) Any fee for a late monthly rental payment within 4 days after
5-11 the date the rental payment is due or which exceeds $5 for each day,
5-12 excluding Saturdays, Sundays and legal holidays, which the payment is
5-13 overdue, beginning on the day after the payment was due. Any fee for late
5-14 payment of charges for utilities must be in accordance with the
5-15 requirements prescribed by the public utilities commission of Nevada.
5-16 [(g)] (7) Any fee, surcharge or rent increase to recover from his tenants
5-17 the costs resulting from converting from a master-metered water system to
5-18 individual water meters for each mobile home lot.
5-19 [(h)] (8) Any fee, surcharge or rent increase to recover from his tenants
5-20 any amount that exceeds the amount of the cost for a governmentally
5-21 mandated service or tax that was paid by the landlord.
5-22 2. Except for the provisions of subparagraphs (3), (4), (6) and (8) of
5-23 paragraph (b) of subsection 1, the provisions of this section do not apply
5-24 to a corporate cooperative park.
5-25 Sec. 9. NRS 118B.150 is hereby amended to read as follows:
5-26 118B.150 [The]
5-27 1. Except as otherwise provided in subsection 2, the landlord or his
5-28 agent or employee shall not:
5-29 [1.] (a) Increase rent or additional charges unless:
5-30 [(a)] (1) The rent charged after the increase is the same rent charged for
5-31 mobile homes of the same size or lots of the same size or of a similar
5-32 location within the park, including, without limitation, mobile homes and
5-33 lots which are held pursuant to a long-term lease, except that a discount
5-34 may be selectively given to persons who:
5-35 [(1)] (I) Are handicapped;
5-36 [(2)] (II) Are 55 years of age or older;
5-37 [(3)] (III) Are long-term tenants of the park if the landlord has
5-38 specified in the rental agreement or lease the period of tenancy required to
5-39 qualify for such a discount;
5-40 [(4)] (IV) Pay their rent in a timely manner; or
5-41 [(5)] (V) Pay their rent by check, money order or electronic means;
5-42 [(b)] (2) Any increase in additional charges for special services is the
5-43 same amount for each tenant using the special service; and
5-44 [(c)] (3) Written notice advising a tenant of the increase is received by
5-45 the tenant 90 days before the first payment to be increased and written
5-46 notice of the increase is given to prospective tenants before commencement
5-47 of their tenancy. In addition to the notice provided to a tenant pursuant to
5-48 this [paragraph,] subparagraph, if the landlord or his agent or employee
5-49 knows or reasonably should know that the tenant receives assistance from
6-1 the fund created pursuant to NRS 118B.215, the landlord or his agent or
6-2 employee shall provide to the administrator written notice of the increase
6-3 90 days before the first payment to be increased.
6-4 [2.] (b) Require a tenant to pay for an improvement to the common area
6-5 of a mobile home park unless the landlord is required to make the
6-6 improvement pursuant to an ordinance of a local government.
6-7 [3.] (c) Require a tenant to pay for a capital improvement to the mobile
6-8 home park unless the tenant has notice of the requirement at the time he
6-9 enters into the rental agreement. A tenant may not be required to pay for a
6-10 capital improvement after the tenant enters into the rental agreement unless
6-11 the tenant consents to it in writing or is given 60 days’ notice of the
6-12 requirement in writing. The landlord may not establish such a requirement
6-13 unless a meeting of the tenants is held to discuss the proposal and the
6-14 landlord provides each tenant with notice of the proposal and the date, time
6-15 and place of the meeting not less than 60 days before the meeting. The
6-16 notice must include a copy of the proposal. A notice in a periodic
6-17 publication of the park does not constitute notice for the purposes of this
6-18 [subsection.
6-19 4.] paragraph.
6-20 (d) Require a tenant to pay his rent by check or money order.
6-21 [5.] (e) Require a tenant who pays his rent in cash to apply any change
6-22 to which he is entitled to the next periodic payment that is due. The
6-23 landlord or his agent or employee shall have an adequate amount of money
6-24 available to provide change to such a tenant.
6-25 [6.] (f) Prohibit or require fees or deposits for any meetings held in the
6-26 park’s community or recreational facility by the tenants or occupants of
6-27 any mobile home or recreational vehicle in the park to discuss the park’s
6-28 affairs, or any political or social meeting sponsored by a tenant, if the
6-29 meetings are held at reasonable hours and when the facility is not otherwise
6-30 in use, or prohibit the distribution of notices of those meetings.
6-31 [7.] (g) Interrupt, with the intent to terminate occupancy, any utility
6-32 service furnished the tenant except for nonpayment of utility charges when
6-33 due. Any landlord who violates this [subsection] paragraph is liable to the
6-34 tenant for actual damages.
6-35 [8.] (h) Prohibit a tenant from having guests, but he may require the
6-36 tenant to register the guest within 48 hours after his arrival, Sundays and
6-37 legal holidays excluded, and if the park is a secured park, a guest may be
6-38 required to register upon entering and leaving.
6-39 [9.] (i) Charge a fee for a guest who does not stay with the tenant for
6-40 more than a total of 60 days in a calendar year. The tenant of a mobile
6-41 home lot who is living alone may allow one other person to live in his
6-42 home without paying an additional charge or fee, unless such a living
6-43 arrangement constitutes a violation of chapter 315 of NRS. No agreement
6-44 between a tenant and his guest alters or varies the terms of the rental
6-45 contract between the tenant and the landlord, and the guest is subject to the
6-46 rules and regulations of the landlord.
6-47 [10.] (j) Prohibit a tenant from erecting a fence along the perimeter of
6-48 the tenant’s lot if the fence complies with any standards for fences
6-49 established by the landlord, including limitations established for the height
7-1 of fences, the materials used for fences and the manner in which fences are
7-2 to be constructed.
7-3 [11.] (k) Prohibit any tenant from soliciting membership in any
7-4 association which is formed by the tenants who live in the park. As used in
7-5 this [subsection,] paragraph, “solicit” means to make an oral or written
7-6 request for membership or the payment of dues or to distribute, circulate or
7-7 post a notice for payment of those dues.
7-8 [12.] (l) Prohibit a public officer , [or] candidate for public office or the
7-9 representative of a public officer or candidate for public office from
7-10 walking through the park to talk with the tenants [.] or distribute political
7-11 material.
7-12 [13.] (m) If a tenant has voluntarily assumed responsibility to trim the
7-13 trees on his lot, require the tenant to trim any particular tree located on the
7-14 lot or dispose of the trimmings unless a danger or hazard exists.
7-15 2. The provisions of paragraphs (a), (b), (c), (j) and (m) of subsection
7-16 1 do not apply to a corporate cooperative park.
7-17 3. As used in this section, “long-term lease” means a rental
7-18 agreement or lease the duration of which exceeds 12 months.
7-19 Sec. 10. NRS 118B.153 is hereby amended to read as follows:
7-20 118B.153 [The]
7-21 1. Except as otherwise provided in subsection 2, the amount of rent
7-22 charged a tenant for a service, utility or amenity upon moving into the
7-23 mobile home park must be reduced proportionately when the service,
7-24 utility or amenity is decreased or eliminated by the landlord. The landlord
7-25 may not increase the rent to recover the lost revenue.
7-26 2. The provisions of this section do not apply to a corporate
7-27 cooperative park.
7-28 Sec. 11. NRS 118B.160 is hereby amended to read as follows:
7-29 118B.160 [The]
7-30 1. Except as otherwise provided in subsection 2, the landlord or his
7-31 agent or employee shall not:
7-32 [1.] (a) Deny any tenant the right to sell his mobile home or
7-33 recreational vehicle within the park or require the tenant to remove the
7-34 mobile home or recreational vehicle from the park solely on the basis of
7-35 the sale, except as otherwise provided in NRS 118B.170.
7-36 [2.] (b) Prohibit any tenant desiring to sell his mobile home or
7-37 recreational vehicle within the park from advertising the location of the
7-38 home or vehicle and the name of the mobile home park or prohibit the
7-39 tenant from displaying at least one sign of reasonable size advertising the
7-40 sale of the home or vehicle.
7-41 [3.] (c) Require that he be an agent of an owner of a mobile home or
7-42 recreational vehicle who desires to sell the home or vehicle.
7-43 [4.] (d) Unless subleasing of lots is prohibited by a rental agreement or
7-44 lease, prohibit a tenant from subleasing his mobile home lot if the
7-45 prospective subtenant meets the general requirements for tenancy in the
7-46 park.
7-47 [5.] (e) Require a tenant to make any additions to his mobile home
7-48 unless those additions are required by an ordinance of a local government.
7-49 [6.] (f) Purchase a mobile home within the park if he has denied:
8-1 [(a)] (1) A tenant the right to sell that mobile home; or
8-2 [(b)] (2) A prospective buyer the right to purchase that mobile home.
8-3 2. The provisions of this section do not apply to a corporate
8-4 cooperative park.
8-5 Sec. 12. NRS 118B.170 is hereby amended to read as follows:
8-6 118B.170 1. The landlord may require approval of a prospective
8-7 buyer and tenant before the sale of a tenant’s mobile home or recreational
8-8 vehicle, if the mobile home or vehicle will remain in the park. The landlord
8-9 shall consider the record, if any, of the prospective buyer and tenant
8-10 concerning the payment of rent. The landlord shall not unreasonably
8-11 withhold his consent.
8-12 2. If a tenant sells his mobile home or recreational vehicle, the landlord
8-13 may require that the mobile home or recreational vehicle be removed from
8-14 the park if it is deemed by the park’s written rules or regulations in the
8-15 possession of the tenants to be in a run-down condition or in disrepair or
8-16 does not meet the safety standards set forth in NRS 461A.120. If the
8-17 mobile home must be inspected to determine compliance with the
8-18 standards, the person requesting the inspection shall pay for it.
8-19 3. If the landlord requires the approval of a prospective buyer and
8-20 tenant, he shall post and maintain a sign which is clearly readable at the
8-21 entrance to the park which advises the reader that before a mobile home in
8-22 the park is sold, the prospective buyer must be approved by the landlord.
8-23 4. If the landlord requires the approval of a prospective buyer and
8-24 tenant of a mobile home or recreational vehicle and the mobile home or
8-25 recreational vehicle is sold without the approval of the landlord, the
8-26 landlord may:
8-27 (a) After providing at least [10] 5 days’ written notice to the buyer and
8-28 tenant, bring an action for an unlawful detainer in the manner prescribed in
8-29 chapter 40 of NRS; or
8-30 (b) Require the buyer and tenant to sign a rental agreement. If the buyer
8-31 and tenant refuse to sign the rental agreement within 5 days after such a
8-32 request, the landlord may, after providing at least [10] 5 days’ written
8-33 notice to the buyer and tenant, bring an action for an unlawful detainer in
8-34 the manner provided in chapter 40 of NRS.
8-35 5. For the purposes of NRS 40.251, a person who:
8-36 (a) Purchases a mobile home or recreational vehicle from a tenant of a
8-37 mobile home park which will remain in the park;
8-38 (b) Was required to be approved by the landlord of the mobile home
8-39 park before the sale of the mobile home or recreational vehicle; and
8-40 (c) Was not approved by the landlord before he purchased that mobile
8-41 home or recreational vehicle,
8-42
shall
be deemed a tenant at will and a lessee of the mobile home park.
8-43 6. The provisions of this section do not apply to a corporate
8-44 cooperative park.
8-45 Sec. 13. NRS 118B.173 is hereby amended to read as follows:
8-46 118B.173 1. Any landlord who lists a mobile home park or any part
8-47 of a mobile home park for sale with a licensed real estate broker shall , not
8-48 less than 10 days nor more than 30 days before listing the park for sale,
8-49 mail written notice of that listing to any association of tenants of the park
9-1 that requested the notice. A landlord is not required to provide notice of a
9-2 listing for sale that is not initiated by the owner of the park or his
9-3 authorized agent.
9-4 2. In order to receive the notice required by subsection 1, an
9-5 association of tenants of a mobile home park shall:
9-6 (a) Submit to the landlord a written request for that notice;
9-7 (b) Furnish the landlord with a written list of the names and addresses
9-8 of three members of the association; and
9-9 (c) Give written notice to the landlord that the tenants of the park are
9-10 interested in buying the park and renew that notice at least once each year
9-11 after the initial notice.
9-12 3. The provisions of this section do not apply to a corporate
9-13 cooperative park.
9-14 Sec. 14. NRS 118B.180 is hereby amended to read as follows:
9-15 118B.180 1. A landlord may convert an existing mobile home park
9-16 into individual mobile home lots for sale to mobile home owners if the
9-17 change is approved by the appropriate local zoning board, planning
9-18 commission or governing body, and:
9-19 (a) The landlord gives notice in writing to each tenant within 5 days
9-20 after he files his application for the change in land use with the local
9-21 zoning board, planning commission or governing body;
9-22 (b) The landlord offers to sell the lot to the tenant at the same price the
9-23 lot will be offered to the public and holds that offer open for at least 75
9-24 days before he offers the lot for sale to the public;
9-25 (c) The landlord does not sell an occupied lot for more than a vacant lot
9-26 of similar location, size and shape;
9-27 (d) The landlord pays:
9-28 (1) The cost of moving the tenant’s mobile home and its
9-29 appurtenances to a comparable location within 50 miles from the mobile
9-30 home park; or
9-31 (2) If the new location is more than 50 miles from the mobile home
9-32 park, the cost of moving the mobile home for the first 50 miles,
9-33 including fees for inspection, any deposits for connecting utilities and the
9-34 cost of taking down, moving, setting up and leveling his mobile home and
9-35 its appurtenances in the new lot or park; and
9-36 (e) After the landlord is granted final approval of the change by the
9-37 appropriate local zoning board, planning commission or governing body,
9-38 notice in writing is served on each tenant in the manner provided in NRS
9-39 40.280, giving the tenant at least 180 days after the date of the notice [,]
9-40 before he is required to move his mobile home from the lot.
9-41 2. Upon the sale of a mobile home lot and a mobile home which is
9-42 situated on that lot, the landlord shall indicate what portion of the purchase
9-43 price is for the mobile home lot and what portion is for the mobile home.
9-44 3. The provisions of this section do not apply to a corporate
9-45 cooperative park.
9-46 Sec. 15. NRS 118B.183 is hereby amended to read as follows:
9-47 118B.183 1. A landlord may convert an existing mobile home park
9-48 to any other use of the land if the change is approved by the appropriate
9-49 local zoning board, planning commission or governing body, and:
10-1 (a) The landlord gives notice in writing to each tenant within 5 days
10-2 after he files his application for the change in land use with the local
10-3 zoning board, planning commission or governing body;
10-4 (b) The landlord pays:
10-5 (1) The cost of moving the tenant’s mobile home and its
10-6 appurtenances to a new location within 50 miles from the mobile home
10-7 park; or
10-8 (2) If the new location is more than 50 miles from the mobile home
10-9 park, the cost of moving the mobile home for the first 50 miles,
10-10 including fees for inspection, any deposits for connecting utilities and the
10-11 cost of taking down, moving, setting up and leveling his mobile home and
10-12 its appurtenances in the new lot or park; and
10-13 (c) After the landlord is granted final approval of the change by the
10-14 appropriate local zoning board, planning commission or governing body,
10-15 written notice is served on each tenant in the manner provided in NRS
10-16 40.280, giving the tenant at least 180 days after the date of the notice
10-17 before he is required to move his mobile home from the lot.
10-18 2. A landlord shall not increase the rent of any tenant for 180 days
10-19 before applying for a change in land use, permit or variance affecting the
10-20 mobile home park.
10-21 3. The provisions of this section do not apply to a corporate
10-22 cooperative park.
10-23 Sec. 16. NRS 40.251 is hereby amended to read as follows:
10-24 40.251 A tenant of real property, a recreational vehicle or a mobile
10-25 home for a term less than life is guilty of an unlawful detainer when having
10-26 leased:
10-27 1. Real property, except as otherwise provided in this section, or a
10-28 mobile home for an indefinite time, with monthly or other periodic rent
10-29 reserved, he continues in possession thereof, in person or by subtenant,
10-30 without the landlord’s consent after the expiration of a notice of:
10-31 (a) For tenancies from week to week, at least 7 days;
10-32 (b) For all other periodic tenancies, at least 30 days; or
10-33 (c) For tenancies at will, at least 5 days.
10-34 2. A dwelling unit subject to the provisions of chapter 118A of NRS,
10-35 he continues in possession, in person or by subtenant, without the
10-36 landlord’s consent after expiration of:
10-37 (a) The term of the rental agreement or its termination and, except as
10-38 otherwise provided in paragraph (b), the expiration of a notice of at least 7
10-39 days for tenancies from week to week and 30 days for all other periodic
10-40 tenancies; or
10-41 (b) A notice of at least 5 days where the tenant has failed to perform his
10-42 basic or contractual obligations under chapter 118A of NRS.
10-43 3. A mobile home lot subject to the provisions of chapter 118B of
10-44 NRS, or a lot for a recreational vehicle in an area of a mobile home park
10-45 other than an area designated as a recreational vehicle lot pursuant to the
10-46 provisions of subsection 6 of NRS 40.215, he continues in possession, in
10-47 person or by subtenant, without the landlord’s consent, after notice has
10-48 been given pursuant to NRS 118B.170 or 118B.190 or section 3 of this act
10-49 and the period of the notice has expired.
11-1 4. A recreational vehicle lot, he continues in possession, in person or
11-2 by subtenant, without the landlord’s consent, after the expiration of a
11-3 notice of at least 5 days.
11-4 Sec. 17. Chapter 489 of NRS is hereby amended by adding thereto a
11-5 new section to read as follows:
11-6 1. A landlord or manager who:
11-7 (a) Purchases a mobile home that is sold to enforce a lien pursuant to
11-8 NRS 108.270 to 108.360, inclusive;
11-9 (b) Is in compliance with or exempt from the requirements for
11-10 continuing education set forth in NRS 118B.086; and
11-11 (c) Is a licensed real estate broker and holds a limited dealer’s license
11-12 issued pursuant to NRS 489.331,
11-13 may resell the mobile home in compliance with all other applicable
11-14 provisions of this chapter which pertain to dealers.
11-15 2. As used in this section:
11-16 (a) “Landlord” has the meaning ascribed to it in NRS 118B.014.
11-17 (b) “Manager” has the meaning ascribed to it in NRS 118B.0145.
11-18 H