(Reprinted with amendments adopted on April 21, 2003)

 

Assembly Bill No. 498–Committee on Commerce and Labor

 

March 24, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes to provisions governing manufactured home parks. (BDR 10‑1296)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to manufactured home parks; revising the provisions governing the calculation of interest on deposits held by landlords; requiring a landlord to provide certain information to tenants; expanding the requirements for continuing education for managers and assistant managers of such parks; authorizing a landlord to require a security deposit for certain uses of facilities in such parks; providing for an expedited notice of termination of leases under certain circumstances; providing for the termination of a lease without notice for habitual nonpayment of rent; revising the provisions governing the obligations of a landlord upon converting a park to another use; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 118B.040 is hereby amended to read as

1-2  follows:

1-3  118B.040  1.  An approved applicant for residency may

1-4  request 72 hours to review the proposed rental agreement or lease,

1-5  the rules and regulations of the manufactured home park and

1-6  other residency documents. Upon receiving such a request, the

1-7  landlord shall allow the approved applicant to review the

1-8  documents for 72 hours. This review period does not, however,

2-1  prevent the landlord from accepting another tenant for the space

2-2  or residency while the 72 hours is pending.

2-3  2.  A rental agreement or lease between a landlord and tenant to

2-4  rent or lease any manufactured home lot must be in writing. The

2-5  landlord shall give the tenant a copy of the agreement or lease at the

2-6  time the tenant signs it.

2-7  [2.] 3. A rental agreement or lease must contain, but is not

2-8  limited to, provisions relating to:

2-9  (a) The duration of the agreement.

2-10      (b) The amount of rent, the manner and time of its payment and

2-11  the amount of any charges for late payment and dishonored checks.

2-12      (c) Restrictions on occupancy by children or pets.

2-13      (d) Services and utilities included with the rental of a lot and the

2-14  responsibility of maintaining or paying for them, including the

2-15  charge, if any, for cleaning the lots.

2-16      (e) Deposits which may be required and the conditions for their

2-17  refund.

2-18      (f) Maintenance which the tenant is required to perform and any

2-19  appurtenances he is required to provide.

2-20      (g) The name and address of the owner of the manufactured

2-21  home park and his authorized agent.

2-22      (h) Any restrictions on subletting.

2-23      (i) Any recreational facilities and other amenities provided to the

2-24  tenant and any deposits or fees required for their use.

2-25      (j) Any restriction of the park to older persons pursuant to

2-26  federal law.

2-27      (k) The dimensions of the manufactured home lot of the tenant.

2-28      (l) A summary of the provisions of NRS 202.470.

2-29      (m) Information regarding the procedure pursuant to which a

2-30  tenant may report to the appropriate authorities:

2-31          (1) A nuisance.

2-32          (2) A violation of a building, safety or health code or

2-33  regulation.

2-34      (n) The amount to be charged each month to the tenant to

2-35  reimburse the landlord for the cost of a capital improvement to the

2-36  manufactured home park. Such an amount must be stated separately

2-37  and include the length of time the charge will be collected and the

2-38  total amount to be recovered by the landlord from all tenants in the

2-39  manufactured home park.

2-40      Sec. 2.  NRS 118B.060 is hereby amended to read as follows:

2-41      118B.060  1.  Any payment, deposit, fee or other charge which

2-42  is required by the landlord in addition to periodic rent, utility

2-43  charges or service fees and is collected as prepaid rent or a sum to

2-44  compensate for any tenant default is a “deposit” governed by the

2-45  provisions of this section.

3-1  2.  The landlord shall maintain a separate record of the deposits.

3-2  3.  Except as otherwise provided in subsection 4:

3-3  (a) All deposits are refundable, and upon termination of the

3-4  tenancy, or if the deposit is collected as a sum to compensate for a

3-5  tenant default, not more than 5 years after the landlord receives the

3-6  deposit, the landlord may claim from a deposit only such amounts as

3-7  are reasonably necessary to remedy tenant defaults in the payment

3-8  of rent, utility charges or service fees and to repair damage to the

3-9  park caused by the tenant. The landlord shall provide the tenant with

3-10  an itemized written accounting of the disposition of the deposit.

3-11      (b) Any refund must be sent to the tenant within 21 days after

3-12  the tenancy is terminated.

3-13      4.  Each deposit collected as a sum to compensate for a tenant

3-14  default must be refunded to the tenant not more than 5 years after

3-15  the landlord receives the deposit or upon the termination of the

3-16  tenancy, whichever is earlier. The refund must include interest on

3-17  the amount of the deposit at the rate [of 5 percent per year,]

3-18  required by this subsection, compounded annually, for the entire

3-19  period during which the deposit was held by the landlord. For the

3-20  purposes of this subsection, the rate of interest must be equal to

3-21  the average of the prevailing rates of interest for deposits, as

3-22  determined by the Administrator.

3-23      5.  Upon termination of the landlord’s interest in the

3-24  manufactured home park, the landlord shall transfer to his successor

3-25  in interest that portion of the deposit remaining after making any

3-26  deductions allowed pursuant to this section or refund that portion to

3-27  the tenant.

3-28      6.  If the former landlord fails to transfer that portion of the

3-29  deposit remaining to the successor in interest or refund it to

3-30  the tenant at the time the successor in interest takes possession, the

3-31  successor becomes jointly and severally liable with the former

3-32  landlord for refunding to the tenant that portion of the deposit to

3-33  which he is entitled.

3-34      7.  If the former landlord fails to transfer or refund the deposit,

3-35  the tenant may not be required to pay another deposit until the

3-36  successor in interest refunds the deposit to the tenant or provides

3-37  him with an itemized written accounting of the statutorily authorized

3-38  disposition of the deposit.

3-39      8.  The claim of the tenant to any deposit to which he is entitled

3-40  by law takes precedence over the claim of any creditor of the

3-41  landlord.

3-42      9.  The provisions of this section do not apply to a corporate

3-43  cooperative park.

 

 

4-1  Sec. 3.  NRS 118B.067 is hereby amended to read as follows:

4-2  118B.067  1.  If a landlord approves the placement of a

4-3  manufactured home on a lot in a park and it is determined after the

4-4  home is placed on the lot that the placement of the home does not

4-5  comply with the requirements of the local ordinances relating to that

4-6  placement, the landlord shall pay the cost to ensure compliance with

4-7  those requirements.

4-8  2.  A landlord shall notify any tenant who is bringing a

4-9  manufactured home which is new to the manufactured home park

4-10  into the manufactured home park that the provisions of NRS

4-11  489.311 require that only persons licensed by the State of Nevada

4-12  as manufactured home installers are legally permitted to set up

4-13  and install a manufactured home. Before the tenant may bring

4-14  such a manufactured home into the manufactured home park, the

4-15  tenant must provide to the landlord a copy of the license issued

4-16  pursuant to NRS 489.311 to the person who will be installing the

4-17  manufactured home.

4-18      Sec. 4.  NRS 118B.080 is hereby amended to read as follows:

4-19      118B.080  1.  The landlord shall disclose in writing to each

4-20  tenant the:

4-21      (a) Name, address and telephone number of the owner and

4-22  manager or assistant manager of the manufactured home park; and

4-23      (b) Name and address of a person authorized to receive service

4-24  of process for the landlord,

4-25  and any change thereof.

4-26      2.  The information must be furnished in writing to each new

4-27  tenant on or before the commencement of his tenancy and to each

4-28  existing tenant.

4-29      3.  A landlord shall post, or provide to each tenant, the office

4-30  hours or landlord’s availability at the park location.

4-31      Sec. 5.  NRS 118B.086 is hereby amended to read as follows:

4-32      118B.086  1.  Each manager and assistant manager of a

4-33  manufactured home park which has [25] 2 or more lots shall

4-34  complete annually 6 hours of continuing education relating to the

4-35  management of a manufactured home park.

4-36      2.  The Administrator shall adopt regulations specifying the

4-37  areas of instruction for the continuing education required by

4-38  subsection 1.

4-39      3.  The instruction must include, but is not limited to,

4-40  information relating to:

4-41      (a) The provisions of chapter 118B of NRS;

4-42      (b) Leases and rental agreements;

4-43      (c) Unlawful detainer and eviction as set forth in NRS 40.215 to

4-44  40.425, inclusive;

5-1  (d) The resolution of complaints and disputes concerning

5-2  landlords and tenants of manufactured home parks; and

5-3  (e) The adoption and enforcement of the rules and regulations of

5-4  a manufactured home park.

5-5  4.  Each course of instruction and the instructor of the course

5-6  must be approved by the Administrator. The Administrator shall

5-7  adopt regulations setting forth the procedure for applying for

5-8  approval of an instructor and course of instruction. The

5-9  Administrator may require submission of such reasonable

5-10  information by an applicant as he deems necessary to determine the

5-11  suitability of the instructor and the course. The Administrator shall

5-12  not approve a course if the fee charged for the course is not

5-13  reasonable. Upon approval, the Administrator shall designate the

5-14  number of hours of credit allowable for the course.

5-15      Sec. 6.  NRS 118B.087 is hereby amended to read as follows:

5-16      118B.087  1.  There are hereby created two regions to provide

5-17  courses of continuing education pursuant to NRS 118B.086. One

5-18  region is the northern region consisting of the counties of Washoe,

5-19  Storey, Douglas, Lyon, Churchill, Pershing, Humboldt, Lander,

5-20  Elko, Eureka, Mineral, White Pine and Carson City, and one region

5-21  is the southern region consisting of the counties of Lincoln, Nye,

5-22  Esmeralda and Clark.

5-23      2.  The person who applied for approval of a course or his

5-24  designee shall notify the Administrator of the date and location each

5-25  time the course is offered, as soon as practicable after scheduling the

5-26  course.

5-27      3.  The Administrator shall ensure that a course of continuing

5-28  education is offered at least every 6 months in each region. If the

5-29  Administrator finds that no approved course will be offered to meet

5-30  the requirements of this subsection, he shall offer the course and

5-31  charge a reasonable fee for each person enrolled in the course.

5-32      4.  If the fees collected by the Administrator for the course do

5-33  not cover the cost of offering the course, the Administrator shall

5-34  determine the difference between the fees collected and the cost of

5-35  offering the course, divide that amount by the number of

5-36  manufactured home parks which have [25] 2 lots or more in the

5-37  region in which the course was held and assess that amount to each

5-38  landlord of such a manufactured home park. The landlord shall pay

5-39  the assessment within 30 days after it was mailed by the

5-40  Administrator.

5-41      Sec. 7.  NRS 118B.150 is hereby amended to read as follows:

5-42      118B.150  1.  Except as otherwise provided in [subsection 2,]

5-43  subsections 2 and 3, the landlord or his agent or employee shall not:

5-44      (a) Increase rent or additional charges unless:

6-1       (1) The rent charged after the increase is the same rent

6-2  charged for manufactured homes of the same size or lots of the same

6-3  size or of a similar location within the park, including, without

6-4  limitation, manufactured homes and lots which are held pursuant to

6-5  a long-term lease, except that a discount may be selectively given to

6-6  persons who:

6-7           (I) Are handicapped;

6-8           (II) Are 55 years of age or older;

6-9           (III) Are long-term tenants of the park if the landlord has

6-10  specified in the rental agreement or lease the period of tenancy

6-11  required to qualify for such a discount;

6-12              (IV) Pay their rent in a timely manner; or

6-13              (V) Pay their rent by check, money order or electronic

6-14  means;

6-15          (2) Any increase in additional charges for special services is

6-16  the same amount for each tenant using the special service; and

6-17          (3) Written notice advising a tenant of the increase is

6-18  received by the tenant 90 days before the first payment to be

6-19  increased and written notice of the increase is given to prospective

6-20  tenants before commencement of their tenancy. In addition to the

6-21  notice provided to a tenant pursuant to this subparagraph, if the

6-22  landlord or his agent or employee knows or reasonably should know

6-23  that the tenant receives assistance from the Fund created pursuant to

6-24  NRS 118B.215, the landlord or his agent or employee shall provide

6-25  to the Administrator written notice of the increase 90 days before

6-26  the first payment to be increased.

6-27      (b) Require a tenant to pay for an improvement to the common

6-28  area of a manufactured home park unless the landlord is required to

6-29  make the improvement pursuant to an ordinance of a local

6-30  government.

6-31      (c) Require a tenant to pay for a capital improvement to the

6-32  manufactured home park unless the tenant has notice of the

6-33  requirement at the time he enters into the rental agreement. A tenant

6-34  may not be required to pay for a capital improvement after the

6-35  tenant enters into the rental agreement unless the tenant consents to

6-36  it in writing or is given 60 days’ notice of the requirement in

6-37  writing. The landlord may not establish such a requirement unless a

6-38  meeting of the tenants is held to discuss the proposal and the

6-39  landlord provides each tenant with notice of the proposal and

6-40  the date, time and place of the meeting not less than 60 days before

6-41  the meeting. The notice must include a copy of the proposal. A

6-42  notice in a periodic publication of the park does not constitute notice

6-43  for the purposes of this paragraph.

6-44      (d) Require a tenant to pay his rent by check or money order.

7-1  (e) Require a tenant who pays his rent in cash to apply any

7-2  change to which he is entitled to the next periodic payment that is

7-3  due. The landlord or his agent or employee shall have an adequate

7-4  amount of money available to provide change to such a tenant.

7-5  (f) Prohibit or require fees or deposits for any meetings held in

7-6  the park’s community or recreational facility by the tenants or

7-7  occupants of any manufactured home or recreational vehicle in the

7-8  park to discuss the park’s affairs, or any political [or social] meeting

7-9  sponsored by a tenant, if the meetings are held at reasonable hours

7-10  and when the facility is not otherwise in use, or prohibit the

7-11  distribution of notices of those meetings.

7-12      (g) Interrupt, with the intent to terminate occupancy, any utility

7-13  service furnished the tenant except for nonpayment of utility charges

7-14  when due. Any landlord who violates this paragraph is liable to the

7-15  tenant for actual damages.

7-16      (h) Prohibit a tenant from having guests, but he may require the

7-17  tenant to register the guest within 48 hours after his arrival, Sundays

7-18  and legal holidays excluded, and if the park is a secured park, a

7-19  guest may be required to register upon entering and leaving.

7-20      (i) Charge a fee for a guest who does not stay with the tenant for

7-21  more than a total of 60 days in a calendar year. The tenant of a

7-22  manufactured home lot who is living alone may allow one other

7-23  person to live in his home without paying an additional charge or

7-24  fee, unless such a living arrangement constitutes a violation of

7-25  chapter 315 of NRS. No agreement between a tenant and his guest

7-26  alters or varies the terms of the rental contract between the tenant

7-27  and the landlord, and the guest is subject to the rules and regulations

7-28  of the landlord.

7-29      (j) Prohibit a tenant from erecting a fence along the perimeter of

7-30  the tenant’s lot if the fence complies with any standards for fences

7-31  established by the landlord, including limitations established for the

7-32  height of fences, the materials used for fences and the manner in

7-33  which fences are to be constructed.

7-34      (k) Prohibit any tenant from soliciting membership in any

7-35  association which is formed by the tenants who live in the park. As

7-36  used in this paragraph, “solicit” means to make an oral or written

7-37  request for membership or the payment of dues or to distribute,

7-38  circulate or post a notice for payment of those dues.

7-39      (l) Prohibit a public officer, candidate for public office or the

7-40  representative of a public officer or candidate for public office from

7-41  walking through the park to talk with the tenants or distribute

7-42  political material.

7-43      (m) If a tenant has voluntarily assumed responsibility to trim the

7-44  trees on his lot, require the tenant to trim any particular tree located

8-1  on the lot or dispose of the trimmings unless a danger or hazard

8-2  exists.

8-3  2.  The landlord is entitled to require a security deposit from a

8-4  tenant who wants to use the manufactured home park’s

8-5  clubhouse, swimming pool or other park facilities for the tenant’s

8-6  exclusive use. The landlord may require the deposit at least 1 week

8-7  before the use. The landlord shall apply the deposit to costs which

8-8  occur due to damage or clean up from the tenant’s use within 1

8-9  week after the use, if any, and shall, on or before the 8th day after

8-10  the use, refund any unused portion of the deposit to the tenant

8-11  making the deposit. The landlord is not required to place such a

8-12  deposit into a financial institution or to pay interest on the deposit.

8-13      3.  The provisions of paragraphs (a), (b), (c), (j) and (m) of

8-14  subsection 1 do not apply to a corporate cooperative park.

8-15      [3.] 4.  As used in this section, “long-term lease” means a

8-16  rental agreement or lease the duration of which exceeds 12 months.

8-17      Sec. 8.  NRS 118B.177 is hereby amended to read as follows:

8-18      118B.177  1.  If a landlord closes a manufactured home park

8-19  he shall pay [:] the amount described in subsection 2 or 3, in

8-20  accordance with the choice of the tenant.

8-21      2.  If the tenant chooses to move the manufactured home, the

8-22  landlord shall pay to the tenant:

8-23      (a) The cost of moving each tenant’s manufactured home and its

8-24  appurtenances to a new location within 50 miles from the

8-25  manufactured home park; or

8-26      (b) If the new location is more than 50 miles from the

8-27  manufactured home park, the cost of moving the manufactured

8-28  home for the first 50 miles,

8-29  including fees for inspection, any deposits for connecting utilities,

8-30  and the cost of taking down, moving, setting up and leveling the

8-31  manufactured home and its appurtenances in the new lot or park.

8-32      [2.] 3.  If the tenant chooses not to move the manufactured

8-33  home, the manufactured home cannot be moved without being

8-34  structurally damaged, or there is no manufactured home park

8-35  within 50 miles that is willing to accept the manufactured home,

8-36  the landlord:

8-37      (a) May remove and dispose of the manufactured home; and

8-38      (b) Shall pay to the tenant the fair market value of the

8-39  manufactured home less the reasonable cost of removing and

8-40  disposing of the manufactured home.

8-41      4. Written notice of the closure must be served on each tenant

8-42  in the manner provided in NRS 40.280, giving the tenant at least

8-43  180 days after the date of the notice before he is required to move

8-44  his manufactured home from the lot.

9-1  5.  For the purposes of this section, the fair market value of a

9-2  manufactured home and the reasonable cost of removing and

9-3  disposing of a manufactured home must be determined by:

9-4  (a) A dealer licensed pursuant to chapter 489 of NRS who is

9-5  agreed upon by the landlord and tenant; or

9-6  (b) If the landlord and tenant cannot agree pursuant to

9-7  paragraph (a), a dealer licensed pursuant to chapter 489 of NRS

9-8  who is selected for this purpose by the Division.

9-9  Sec. 9.  NRS 118B.183 is hereby amended to read as follows:

9-10      118B.183  1.  A landlord may convert an existing

9-11  manufactured home park to any other use of the land if the change is

9-12  approved by the appropriate local zoning board, planning

9-13  commission or governing body, and:

9-14      (a) The landlord gives notice in writing to each tenant within 5

9-15  days after he files his application for the change in land use with the

9-16  local zoning board, planning commission or governing body;

9-17      (b) The landlord pays [:

9-18          (1) The cost of moving the tenant’s manufactured home and

9-19  its appurtenances to a new location within 50 miles from the

9-20  manufactured home park; or

9-21          (2) If the new location is more than 50 miles from the

9-22  manufactured home park, the cost of moving the manufactured

9-23  home for the first 50 miles,

9-24  including fees for inspection, any deposits for connecting utilities

9-25  and the cost of taking down, moving, setting up and leveling his

9-26  manufactured home and its appurtenances in the new lot or park;]

9-27  the amount described in subsection 2 or 3, in accordance with the

9-28  choice of the tenant; and

9-29      (c) After the landlord is granted final approval of the change by

9-30  the appropriate local zoning board, planning commission or

9-31  governing body, written notice is served on each tenant in the

9-32  manner provided in NRS 40.280, giving the tenant at least 180 days

9-33  after the date of the notice before he is required to move his

9-34  manufactured home from the lot.

9-35      2.  If the tenant chooses to move the manufactured home, the

9-36  landlord shall pay to the tenant:

9-37      (a) The cost of moving the tenant’s manufactured home and

9-38  its appurtenances to a new location within 50 miles from the

9-39  manufactured home park; or

9-40      (b) If the new location is more than 50 miles from the

9-41  manufactured home park, the cost of moving the manufactured

9-42  home for the first 50 miles,

9-43  including fees for inspection, any deposits for connecting utilities

9-44  and the cost of taking down, moving, setting up and leveling his

9-45  manufactured home and its appurtenances in the new lot or park.

10-1      3.  If the tenant chooses not to move the manufactured home,

10-2  the manufactured home cannot be moved without being

10-3  structurally damaged, or there is no manufactured home park

10-4  within 50 miles that is willing to accept the manufactured home,

10-5  the landlord:

10-6      (a) May remove and dispose of the manufactured home; and

10-7      (b) Shall pay to the tenant the fair market value of the

10-8  manufactured home less the reasonable cost of removing and

10-9  disposing of the manufactured home.

10-10     4.  A landlord shall not increase the rent of any tenant for 180

10-11  days before applying for a change in land use, permit or variance

10-12  affecting the manufactured home park.

10-13     [3.] 5.  For the purposes of this section, the fair market value

10-14  of a manufactured home and the reasonable cost of removing and

10-15  disposing of a manufactured home must be determined by:

10-16     (a) A dealer licensed pursuant to chapter 489 of NRS who is

10-17  agreed upon by the landlord and tenant; or

10-18     (b) If the landlord and tenant cannot agree pursuant to

10-19  paragraph (a), a dealer licensed pursuant to chapter 489 of NRS

10-20  who is selected for this purpose by the Division.

10-21     6. The provisions of this section do not apply to a corporate

10-22  cooperative park.

10-23     Sec. 10.  NRS 118B.190 is hereby amended to read as follows:

10-24     118B.190  1.  A written agreement between a landlord and

10-25  tenant for the rental or lease of a manufactured home lot in a

10-26  manufactured home park in this state, or for the rental or lease of a

10-27  lot for a recreational vehicle in an area of a manufactured home park

10-28  in this state other than an area designated as a recreational vehicle

10-29  lot pursuant to the provisions of subsection 6 of NRS 40.215, must

10-30  not be terminated by the landlord except upon notice in writing to

10-31  the tenant served in the manner provided in NRS 40.280:

10-32     (a) [Five] Except as otherwise provided in paragraph (b), 5

10-33  days in advance if the termination is because the conduct of the

10-34  tenant constitutes a nuisance as [described in subsection 6 of

10-35  NRS 118B.200.

10-36     (b) Ten] defined in NRS 40.140 or violates a state law or local

10-37  ordinance.

10-38     (b) Three days in advance upon the issuance of temporary writ

10-39  of restitution pursuant to NRS 40.300 on the grounds that a

10-40  nuisance as defined in NRS 40.140 has occurred in the park by

10-41  the act of a tenant or any guest, visitor or other member of a

10-42  tenant’s household consisting of any of the following specific

10-43  activities:

10-44         (1) Discharge of a weapon.

10-45         (2) Prostitution.

11-1          (3) Illegal drug manufacture or use.

11-2          (4) Child molestation or abuse.

11-3          (5) Property damage as a result of vandalism.

11-4          (6) Operating a vehicle while under the influence of

11-5  alcohol or any other controlled substance.

11-6          (7) Elder molestation or abuse.

11-7      (c) Except as otherwise provided in subsection 6, 10 days in

11-8  advance if the termination is because of failure of the tenant to pay

11-9  rent, utility charges or reasonable service fees.

11-10     [(c)] (d) One hundred eighty days in advance if the termination

11-11  is because of a change in the use of the land by the landlord

11-12  pursuant to NRS 118B.180.

11-13     [(d)] (e) Forty-five days in advance if the termination is for any

11-14  other reason.

11-15     2.  The landlord shall specify in the notice the reason for the

11-16  termination of the agreement. The reason relied upon for the

11-17  termination must be set forth with specific facts so that the date,

11-18  place and circumstances concerning the reason for the termination

11-19  can be determined. The termination must be in accordance with the

11-20  provisions of NRS 118B.200 and reference alone to a provision of

11-21  that section does not constitute sufficient specificity pursuant to this

11-22  subsection.

11-23     3.  The service of such a notice does not enhance the landlord’s

11-24  right, if any, to enter the tenant’s manufactured home. Except in an

11-25  emergency, the landlord shall not enter the manufactured home of

11-26  the tenant served with such a notice without the tenant’s permission

11-27  or a court order allowing the entry.

11-28     4.  If a tenant remains in possession of the manufactured home

11-29  lot after expiration of the term of the rental agreement, the tenancy

11-30  is from week to week in the case of a tenant who pays weekly rent,

11-31  and in all other cases the tenancy is from month to month. The

11-32  tenant’s continued occupancy is on the same terms and conditions as

11-33  were contained in the rental agreement unless specifically agreed

11-34  otherwise in writing.

11-35     5.  The landlord and tenant may agree to a specific date for

11-36  termination of the agreement. If any provision of this chapter

11-37  specifies a period of notice which is longer than the period of a

11-38  particular tenancy, the required length of the period of notice is

11-39  controlling.

11-40     6.  Notwithstanding any provision of NRS 40.215 to 40.425,

11-41  inclusive, if a tenant who is not a natural person has received

11-42  three notices for nonpayment of rent in accordance with

11-43  subsection 1, the landlord is not required to give the tenant a

11-44  further 10-day notice in advance of termination if the termination

12-1  is because of failure to pay rent, utility charges or reasonable

12-2  service fees.

12-3      Sec. 11.  NRS 118B.200 is hereby amended to read as follows:

12-4      118B.200  1.  Notwithstanding the expiration of a period of a

12-5  tenancy, the rental agreement described in NRS 118B.190 may not

12-6  be terminated except for:

12-7      [1.] (a) Failure of the tenant to pay rent, utility charges or

12-8  reasonable service fees within 10 days after written notice of

12-9  delinquency served upon the tenant in the manner provided in

12-10  NRS 40.280;

12-11     [2.] (b) Failure of the tenant to correct any noncompliance with

12-12  a law, ordinance or governmental regulation pertaining to

12-13  manufactured homes or recreational vehicles or a valid rule or

12-14  regulation established pursuant to NRS 118B.100 or to cure any

12-15  violation of the rental agreement within a reasonable time after

12-16  receiving written notification of noncompliance or violation;

12-17     [3.] (c) Conduct of the tenant in the manufactured home park

12-18  which constitutes an annoyance to other tenants;

12-19     [4.] (d) Violation of valid rules of conduct, occupancy or use of

12-20  park facilities after written notice of the violation is served upon the

12-21  tenant in the manner provided in NRS 40.280;

12-22     [5.] (e) A change in the use of the land by the landlord pursuant

12-23  to NRS 118B.180;

12-24     [6.] (f) Conduct of the tenant which constitutes a nuisance as

12-25  defined in NRS 40.140 or which violates a state law or local

12-26  ordinance[; or

12-27     7.] , specifically including, without limitation:

12-28         (1) Discharge of a weapon;

12-29         (2) Prostitution;

12-30         (3) Illegal drug manufacture or use;

12-31         (4) Child molestation or abuse;

12-32         (5) Elder molestation or abuse;

12-33         (6) Property damage as a result of vandalism; and

12-34         (7) Operating a motor vehicle while under the influence of

12-35  alcohol or any other controlled substance; or

12-36     (g) In a manufactured home park that is owned by a nonprofit

12-37  organization or housing authority, failure of the tenant to meet

12-38  qualifications relating to age or income which:

12-39         [(a)] (1) Are set forth in the lease signed by the tenant; and

12-40         [(b)] (2) Comply with federal, state and local law.

12-41     2.  A tenant who is not a natural person and who has received

12-42  three or more 10-day notices to quit for failure to pay rent in the

12-43  preceding 12-month period may have his tenancy terminated by

12-44  the landlord for habitual failure to pay timely rent.

 

13-1      Sec. 12.  NRS 40.251 is hereby amended to read as follows:

13-2      40.251  A tenant of real property, a recreational vehicle or a

13-3  mobile home for a term less than life is guilty of an unlawful

13-4  detainer when having leased:

13-5      1.  Real property, except as otherwise provided in this section,

13-6  or a mobile home for an indefinite time, with monthly or other

13-7  periodic rent reserved, he continues in possession thereof, in person

13-8  or by subtenant, without the landlord’s consent after the expiration

13-9  of a notice of:

13-10     (a) For tenancies from week to week, at least 7 days;

13-11     (b) For all other periodic tenancies, at least 30 days; or

13-12     (c) For tenancies at will, at least 5 days.

13-13     2.  A dwelling unit subject to the provisions of chapter 118A of

13-14  NRS, he continues in possession, in person or by subtenant, without

13-15  the landlord’s consent after expiration of:

13-16     (a) The term of the rental agreement or its termination and,

13-17  except as otherwise provided in paragraph (b), the expiration of a

13-18  notice of at least 7 days for tenancies from week to week and 30

13-19  days for all other periodic tenancies; or

13-20     (b) A notice of at least 5 days where the tenant has failed to

13-21  perform his basic or contractual obligations under chapter 118A of

13-22  NRS.

13-23     3.  A mobile home lot subject to the provisions of chapter 118B

13-24  of NRS, or a lot for a recreational vehicle in an area of a mobile

13-25  home park other than an area designated as a recreational vehicle lot

13-26  pursuant to the provisions of subsection 6 of NRS 40.215, he

13-27  continues in possession, in person or by subtenant, without the

13-28  landlord’s consent, [after] :

13-29     (a) After notice has been given pursuant to NRS 118B.115,

13-30  118B.170 or 118B.190 and the period of the notice has expired[.] ;

13-31  or

13-32     (b) If the person is not a natural person and has received three

13-33  notices for nonpayment of rent within a 12-month period,

13-34  immediately upon failure to pay timely rent.

13-35     4.  A recreational vehicle lot, he continues in possession, in

13-36  person or by subtenant, without the landlord’s consent, after the

13-37  expiration of a notice of at least 5 days.

 

13-38  H