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.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
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. Chapter 118B of NRS is hereby amended by adding
1-2 thereto a new section to read as follows:
1-3 1. The landlord of a manufactured home park shall post in a
1-4 conspicuous and readily accessible place in the community or
1-5 recreational facility in the manufactured home park, at or near
1-6 the entrance of the manufactured home park or in another
1-7 common area in the manufactured home park, a legible and
2-1 typewritten sign that contains the following contact information
2-2 regarding the Division in substantially the following form:
2-3 TENANTS OF MANUFACTURED HOME PARKS ARE
2-4 ENTITLED TO CERTAIN RIGHTS UNDER NEVADA
2-5 REVISED STATUTES
2-6 To obtain information regarding your rights as a tenant
2-7 under Nevada Revised Statutes, you may contact the
2-8 Manufactured Housing Division of the Department of
2-9 Business and Industry as follows:
2-10 SOUTHERN NEVADA:
2-11 (The address of the Division in Southern Nevada)
2-12 (The local telephone number of the Division in Southern
2-13 Nevada)
2-14 NORTHERN NEVADA:
2-15 (The address of the Division in Northern Nevada)
2-16 (The local telephone number of the Division in Northern
2-17 Nevada)
2-18 INTERNET:
2-19 (The Internet address of the Division)
2-20 2. The Division shall notify each landlord if any of the
2-21 contact information regarding the Division changes. Not later
2-22 than 30 days after receiving such a notice from the Division, the
2-23 landlord shall replace the existing sign with a new sign that
2-24 contains the new contact information regarding the Division.
2-25 Sec. 2. NRS 118B.040 is hereby amended to read as follows:
2-26 118B.040 1. An approved applicant for residency may
2-27 request 72 hours to review the proposed rental agreement or lease,
2-28 the rules and regulations of the manufactured home park and
2-29 other residency documents. Upon receiving such a request, the
2-30 landlord shall allow the approved applicant to review the
2-31 documents for 72 hours. This review period does not, however,
2-32 prevent the landlord from accepting another tenant for the space
2-33 or residency while the 72 hours is pending.
2-34 2. A rental agreement or lease between a landlord and tenant to
2-35 rent or lease any manufactured home lot must be in writing. The
2-36 landlord shall give the tenant a copy of the agreement or lease at the
2-37 time the tenant signs it.
2-38 [2.] 3. A rental agreement or lease must contain, but is not
2-39 limited to, provisions relating to:
3-1 (a) The duration of the agreement.
3-2 (b) The amount of rent, the manner and time of its payment and
3-3 the amount of any charges for late payment and dishonored checks.
3-4 (c) Restrictions on occupancy by children or pets.
3-5 (d) Services and utilities included with the rental of a lot and the
3-6 responsibility of maintaining or paying for them, including the
3-7 charge, if any, for cleaning the lots.
3-8 (e) Deposits which may be required and the conditions for their
3-9 refund.
3-10 (f) Maintenance which the tenant is required to perform and any
3-11 appurtenances he is required to provide.
3-12 (g) The name and address of the owner of the manufactured
3-13 home park and his authorized agent.
3-14 (h) Any restrictions on subletting.
3-15 (i) Any recreational facilities and other amenities provided to the
3-16 tenant and any deposits or fees required for their use.
3-17 (j) Any restriction of the park to older persons pursuant to
3-18 federal law.
3-19 (k) The dimensions of the manufactured home lot of the tenant.
3-20 (l) A summary of the provisions of NRS 202.470.
3-21 (m) Information regarding the procedure pursuant to which a
3-22 tenant may report to the appropriate authorities:
3-23 (1) A nuisance.
3-24 (2) A violation of a building, safety or health code or
3-25 regulation.
3-26 (n) The amount to be charged each month to the tenant to
3-27 reimburse the landlord for the cost of a capital improvement to the
3-28 manufactured home park. Such an amount must be stated separately
3-29 and include the length of time the charge will be collected and the
3-30 total amount to be recovered by the landlord from all tenants in the
3-31 manufactured home park.
3-32 Sec. 3. NRS 118B.060 is hereby amended to read as follows:
3-33 118B.060 1. Any payment, deposit, fee or other charge which
3-34 is required by the landlord in addition to periodic rent, utility
3-35 charges or service fees and is collected as prepaid rent or a sum to
3-36 compensate for any tenant default is a “deposit” governed by the
3-37 provisions of this section.
3-38 2. The landlord shall maintain a separate record of the deposits.
3-39 3. Except as otherwise provided in subsection 4:
3-40 (a) All deposits are refundable, and upon termination of the
3-41 tenancy, or if the deposit is collected as a sum to compensate for a
3-42 tenant default, not more than 5 years after the landlord receives the
3-43 deposit, the landlord may claim from a deposit only such amounts as
3-44 are reasonably necessary to remedy tenant defaults in the payment
3-45 of rent, utility charges or service fees and to repair damage to the
4-1 park caused by the tenant. The landlord shall provide the tenant with
4-2 an itemized written accounting of the disposition of the deposit.
4-3 (b) Any refund must be sent to the tenant within 21 days after
4-4 the tenancy is terminated.
4-5 4. Each deposit collected as a sum to compensate for a tenant
4-6 default must be refunded to the tenant not more than 5 years after
4-7 the landlord receives the deposit or upon the termination of the
4-8 tenancy, whichever is earlier. The refund must include interest on
4-9 the amount of the deposit at the rate [of 5 percent per year,]
4-10 required by this subsection, compounded annually, for the entire
4-11 period during which the deposit was held by the landlord. For the
4-12 purposes of this subsection, the rate of interest must be equal to
4-13 the average of the prevailing rates of interest for deposits, as
4-14 determined by the Administrator.
4-15 5. Upon termination of the landlord’s interest in the
4-16 manufactured home park, the landlord shall transfer to his successor
4-17 in interest that portion of the deposit remaining after making any
4-18 deductions allowed pursuant to this section or refund that portion to
4-19 the tenant.
4-20 6. If the former landlord fails to transfer that portion of the
4-21 deposit remaining to the successor in interest or refund it to
4-22 the tenant at the time the successor in interest takes possession, the
4-23 successor becomes jointly and severally liable with the former
4-24 landlord for refunding to the tenant that portion of the deposit to
4-25 which he is entitled.
4-26 7. If the former landlord fails to transfer or refund the deposit,
4-27 the tenant may not be required to pay another deposit until the
4-28 successor in interest refunds the deposit to the tenant or provides
4-29 him with an itemized written accounting of the statutorily authorized
4-30 disposition of the deposit.
4-31 8. The claim of the tenant to any deposit to which he is entitled
4-32 by law takes precedence over the claim of any creditor of the
4-33 landlord.
4-34 9. The provisions of this section do not apply to a corporate
4-35 cooperative park.
4-36 Sec. 4. NRS 118B.067 is hereby amended to read as follows:
4-37 118B.067 1. If a landlord approves the placement of a
4-38 manufactured home on a lot in a park and it is determined after the
4-39 home is placed on the lot that the placement of the home does not
4-40 comply with the requirements of the local ordinances relating to that
4-41 placement, the landlord shall pay the cost to ensure compliance with
4-42 those requirements.
4-43 2. A landlord shall notify any tenant who is bringing a
4-44 manufactured home which is new to the manufactured home park
4-45 into the manufactured home park that the provisions of NRS
5-1 489.311 require that only persons licensed by the State of Nevada
5-2 as manufactured home installers are legally permitted to set up
5-3 and install a manufactured home. Before the tenant may bring
5-4 such a manufactured home into the manufactured home park, the
5-5 tenant must provide to the landlord a copy of the license issued
5-6 pursuant to NRS 489.311 to the person who will be installing the
5-7 manufactured home.
5-8 Sec. 5. NRS 118B.070 is hereby amended to read as follows:
5-9 118B.070 1. The landlord shall provide:
5-10 [1.] (a) Each new tenant with a copy of the current text of the
5-11 provisions of this chapter with the rental agreement at the time the
5-12 tenant signs the agreement.
5-13 [2.] (b) Each tenant with a copy of each provision of this
5-14 chapter which is added, amended or repealed within 90 days after
5-15 the provisions become effective.
5-16 2. When the landlord provides a tenant with a copy of any of
5-17 the provisions of this chapter pursuant to subsection 1, the copy
5-18 must contain a legible and typewritten statement that contains the
5-19 following contact information regarding the Division in
5-20 substantially the following form:
5-21 TENANTS OF MANUFACTURED HOME PARKS ARE
5-22 ENTITLED TO CERTAIN RIGHTS UNDER NEVADA
5-23 REVISED STATUTES
5-24 To obtain information regarding your rights as a tenant
5-25 under Nevada Revised Statutes, you may contact the
5-26 Manufactured Housing Division of the Department of
5-27 Business and Industry as follows:
5-28 SOUTHERN NEVADA:
5-29 (The address of the Division in Southern Nevada)
5-30 (The local telephone number of the Division in Southern
5-31 Nevada)
5-32 NORTHERN NEVADA:
5-33 (The address of the Division in Northern Nevada)
5-34 (The local telephone number of the Division in Northern
5-35 Nevada)
5-36 INTERNET:
5-37 (The Internet address of the Division)
5-38 Sec. 6. NRS 118B.080 is hereby amended to read as follows:
5-39 118B.080 1. The landlord shall disclose in writing to each
5-40 tenant the:
6-1 (a) Name, address and telephone number of the owner and
6-2 manager or assistant manager of the manufactured home park; and
6-3 (b) Name and address of a person authorized to receive service
6-4 of process for the landlord,
6-5 and any change thereof.
6-6 2. The information must be furnished in writing to each new
6-7 tenant on or before the commencement of his tenancy and to each
6-8 existing tenant.
6-9 3. A landlord shall post, or provide to each tenant, the office
6-10 hours or landlord’s availability at the park location.
6-11 Sec. 7. NRS 118B.086 is hereby amended to read as follows:
6-12 118B.086 1. Each manager and assistant manager of a
6-13 manufactured home park which has [25] 2 or more lots shall
6-14 complete annually 6 hours of continuing education relating to the
6-15 management of a manufactured home park.
6-16 2. The Administrator shall adopt regulations specifying the
6-17 areas of instruction for the continuing education required by
6-18 subsection 1.
6-19 3. The instruction must include, but is not limited to,
6-20 information relating to:
6-21 (a) The provisions of chapter 118B of NRS;
6-22 (b) Leases and rental agreements;
6-23 (c) Unlawful detainer and eviction as set forth in NRS 40.215 to
6-24 40.425, inclusive;
6-25 (d) The resolution of complaints and disputes concerning
6-26 landlords and tenants of manufactured home parks; and
6-27 (e) The adoption and enforcement of the rules and regulations of
6-28 a manufactured home park.
6-29 4. Each course of instruction and the instructor of the course
6-30 must be approved by the Administrator. The Administrator shall
6-31 adopt regulations setting forth the procedure for applying for
6-32 approval of an instructor and course of instruction. The
6-33 Administrator may require submission of such reasonable
6-34 information by an applicant as he deems necessary to determine the
6-35 suitability of the instructor and the course. The Administrator shall
6-36 not approve a course if the fee charged for the course is not
6-37 reasonable. Upon approval, the Administrator shall designate the
6-38 number of hours of credit allowable for the course.
6-39 Sec. 8. NRS 118B.087 is hereby amended to read as follows:
6-40 118B.087 1. There are hereby created two regions to provide
6-41 courses of continuing education pursuant to NRS 118B.086. One
6-42 region is the northern region consisting of the counties of Washoe,
6-43 Storey, Douglas, Lyon, Churchill, Pershing, Humboldt, Lander,
6-44 Elko, Eureka, Mineral, White Pine and Carson City, and one region
7-1 is the southern region consisting of the counties of Lincoln, Nye,
7-2 Esmeralda and Clark.
7-3 2. The person who applied for approval of a course or his
7-4 designee shall notify the Administrator of the date and location each
7-5 time the course is offered, as soon as practicable after scheduling the
7-6 course.
7-7 3. The Administrator shall ensure that a course of continuing
7-8 education is offered at least every 6 months in each region. If the
7-9 Administrator finds that no approved course will be offered to meet
7-10 the requirements of this subsection, he shall offer the course and
7-11 charge a reasonable fee for each person enrolled in the course.
7-12 4. If the fees collected by the Administrator for the course do
7-13 not cover the cost of offering the course, the Administrator shall
7-14 determine the difference between the fees collected and the cost of
7-15 offering the course, divide that amount by the number of
7-16 manufactured home parks which have [25] 2 lots or more in the
7-17 region in which the course was held and assess that amount to each
7-18 landlord of such a manufactured home park. The landlord shall pay
7-19 the assessment within 30 days after it was mailed by the
7-20 Administrator.
7-21 Sec. 9. NRS 118B.150 is hereby amended to read as follows:
7-22 118B.150 1. Except as otherwise provided in [subsection 2,]
7-23 subsections 2 and 3, the landlord or his agent or employee shall not:
7-24 (a) Increase rent or additional charges unless:
7-25 (1) The rent charged after the increase is the same rent
7-26 charged for manufactured homes of the same size or lots of the same
7-27 size or of a similar location within the park, including, without
7-28 limitation, manufactured homes and lots which are held pursuant to
7-29 a long-term lease, except that a discount may be selectively given to
7-30 persons who:
7-31 (I) Are handicapped;
7-32 (II) Are 55 years of age or older;
7-33 (III) Are long-term tenants of the park if the landlord has
7-34 specified in the rental agreement or lease the period of tenancy
7-35 required to qualify for such a discount;
7-36 (IV) Pay their rent in a timely manner; or
7-37 (V) Pay their rent by check, money order or electronic
7-38 means;
7-39 (2) Any increase in additional charges for special services is
7-40 the same amount for each tenant using the special service; and
7-41 (3) Written notice advising a tenant of the increase is
7-42 received by the tenant 90 days before the first payment to be
7-43 increased and written notice of the increase is given to prospective
7-44 tenants before commencement of their tenancy. In addition to the
7-45 notice provided to a tenant pursuant to this subparagraph, if the
8-1 landlord or his agent or employee knows or reasonably should know
8-2 that the tenant receives assistance from the Fund created pursuant to
8-3 NRS 118B.215, the landlord or his agent or employee shall provide
8-4 to the Administrator written notice of the increase 90 days before
8-5 the first payment to be increased.
8-6 (b) Require a tenant to pay for an improvement to the common
8-7 area of a manufactured home park unless the landlord is required to
8-8 make the improvement pursuant to an ordinance of a local
8-9 government.
8-10 (c) Require a tenant to pay for a capital improvement to the
8-11 manufactured home park unless the tenant has notice of the
8-12 requirement at the time he enters into the rental agreement. A tenant
8-13 may not be required to pay for a capital improvement after the
8-14 tenant enters into the rental agreement unless the tenant consents to
8-15 it in writing or is given 60 days’ notice of the requirement in
8-16 writing. The landlord may not establish such a requirement unless a
8-17 meeting of the tenants is held to discuss the proposal and the
8-18 landlord provides each tenant with notice of the proposal and
8-19 the date, time and place of the meeting not less than 60 days before
8-20 the meeting. The notice must include a copy of the proposal. A
8-21 notice in a periodic publication of the park does not constitute notice
8-22 for the purposes of this paragraph.
8-23 (d) Require a tenant to pay his rent by check or money order.
8-24 (e) Require a tenant who pays his rent in cash to apply any
8-25 change to which he is entitled to the next periodic payment that is
8-26 due. The landlord or his agent or employee shall have an adequate
8-27 amount of money available to provide change to such a tenant.
8-28 (f) Prohibit or require fees or deposits for any meetings held in
8-29 the park’s community or recreational facility by the tenants or
8-30 occupants of any manufactured home or recreational vehicle in the
8-31 park to discuss the park’s affairs, or any political [or social] meeting
8-32 sponsored by a tenant, if the meetings are held at reasonable hours
8-33 and when the facility is not otherwise in use, or prohibit the
8-34 distribution of notices of those meetings.
8-35 (g) Interrupt, with the intent to terminate occupancy, any utility
8-36 service furnished the tenant except for nonpayment of utility charges
8-37 when due. Any landlord who violates this paragraph is liable to the
8-38 tenant for actual damages.
8-39 (h) Prohibit a tenant from having guests, but he may require the
8-40 tenant to register the guest within 48 hours after his arrival, Sundays
8-41 and legal holidays excluded, and if the park is a secured park, a
8-42 guest may be required to register upon entering and leaving.
8-43 (i) Charge a fee for a guest who does not stay with the tenant for
8-44 more than a total of 60 days in a calendar year. The tenant of a
8-45 manufactured home lot who is living alone may allow one other
9-1 person to live in his home without paying an additional charge or
9-2 fee, unless such a living arrangement constitutes a violation of
9-3 chapter 315 of NRS. No agreement between a tenant and his guest
9-4 alters or varies the terms of the rental contract between the tenant
9-5 and the landlord, and the guest is subject to the rules and regulations
9-6 of the landlord.
9-7 (j) Prohibit a tenant from erecting a fence along the perimeter of
9-8 the tenant’s lot if the fence complies with any standards for fences
9-9 established by the landlord, including limitations established for the
9-10 height of fences, the materials used for fences and the manner in
9-11 which fences are to be constructed.
9-12 (k) Prohibit any tenant from soliciting membership in any
9-13 association which is formed by the tenants who live in the park. As
9-14 used in this paragraph, “solicit” means to make an oral or written
9-15 request for membership or the payment of dues or to distribute,
9-16 circulate or post a notice for payment of those dues.
9-17 (l) Prohibit a public officer, candidate for public office or the
9-18 representative of a public officer or candidate for public office from
9-19 walking through the park to talk with the tenants or distribute
9-20 political material.
9-21 (m) If a tenant has voluntarily assumed responsibility to trim the
9-22 trees on his lot, require the tenant to trim any particular tree located
9-23 on the lot or dispose of the trimmings unless a danger or hazard
9-24 exists.
9-25 2. The landlord is entitled to require a security deposit from a
9-26 tenant who wants to use the manufactured home park’s
9-27 clubhouse, swimming pool or other park facilities for the tenant’s
9-28 exclusive use. The landlord may require the deposit at least 1 week
9-29 before the use. The landlord shall apply the deposit to costs which
9-30 occur due to damage or clean up from the tenant’s use within 1
9-31 week after the use, if any, and shall, on or before the 8th day after
9-32 the use, refund any unused portion of the deposit to the tenant
9-33 making the deposit. The landlord is not required to place such a
9-34 deposit into a financial institution or to pay interest on the deposit.
9-35 3. The provisions of paragraphs (a), (b), (c), (j) and (m) of
9-36 subsection 1 do not apply to a corporate cooperative park.
9-37 [3.] 4. As used in this section, “long-term lease” means a
9-38 rental agreement or lease the duration of which exceeds 12 months.
9-39 Sec. 10. NRS 118B.177 is hereby amended to read as follows:
9-40 118B.177 1. If a landlord closes a manufactured home park
9-41 he shall pay [:] the amount described in subsection 2 or 3, in
9-42 accordance with the choice of the tenant.
9-43 2. If the tenant chooses to move the manufactured home, the
9-44 landlord shall pay to the tenant:
10-1 (a) The cost of moving each tenant’s manufactured home and its
10-2 appurtenances to a new location within 50 miles from the
10-3 manufactured home park; or
10-4 (b) If the new location is more than 50 miles from the
10-5 manufactured home park, the cost of moving the manufactured
10-6 home for the first 50 miles,
10-7 including fees for inspection, any deposits for connecting utilities,
10-8 and the cost of taking down, moving, setting up and leveling the
10-9 manufactured home and its appurtenances in the new lot or park.
10-10 [2.] 3. If the tenant chooses not to move the manufactured
10-11 home, the manufactured home cannot be moved without being
10-12 structurally damaged, or there is no manufactured home park
10-13 within 50 miles that is willing to accept the manufactured home,
10-14 the landlord:
10-15 (a) May remove and dispose of the manufactured home; and
10-16 (b) Shall pay to the tenant the fair market value of the
10-17 manufactured home less the reasonable cost of removing and
10-18 disposing of the manufactured home.
10-19 4. Written notice of the closure must be served on each tenant
10-20 in the manner provided in NRS 40.280, giving the tenant at least
10-21 180 days after the date of the notice before he is required to move
10-22 his manufactured home from the lot.
10-23 5. For the purposes of this section, the fair market value of a
10-24 manufactured home and the reasonable cost of removing and
10-25 disposing of a manufactured home must be determined by:
10-26 (a) A dealer licensed pursuant to chapter 489 of NRS who is
10-27 agreed upon by the landlord and tenant; or
10-28 (b) If the landlord and tenant cannot agree pursuant to
10-29 paragraph (a), a dealer licensed pursuant to chapter 489 of NRS
10-30 who is selected for this purpose by the Division.
10-31 Sec. 11. NRS 118B.183 is hereby amended to read as follows:
10-32 118B.183 1. A landlord may convert an existing
10-33 manufactured home park to any other use of the land if the change is
10-34 approved by the appropriate local zoning board, planning
10-35 commission or governing body, and:
10-36 (a) The landlord gives notice in writing to each tenant within 5
10-37 days after he files his application for the change in land use with the
10-38 local zoning board, planning commission or governing body;
10-39 (b) The landlord pays [:
10-40 (1) The cost of moving the tenant’s manufactured home and
10-41 its appurtenances to a new location within 50 miles from the
10-42 manufactured home park; or
10-43 (2) If the new location is more than 50 miles from the
10-44 manufactured home park, the cost of moving the manufactured
10-45 home for the first 50 miles,
11-1 including fees for inspection, any deposits for connecting utilities
11-2 and the cost of taking down, moving, setting up and leveling his
11-3 manufactured home and its appurtenances in the new lot or park;]
11-4 the amount described in subsection 2 or 3, in accordance with the
11-5 choice of the tenant; and
11-6 (c) After the landlord is granted final approval of the change by
11-7 the appropriate local zoning board, planning commission or
11-8 governing body, written notice is served on each tenant in the
11-9 manner provided in NRS 40.280, giving the tenant at least 180 days
11-10 after the date of the notice before he is required to move his
11-11 manufactured home from the lot.
11-12 2. If the tenant chooses to move the manufactured home, the
11-13 landlord shall pay to the tenant:
11-14 (a) The cost of moving the tenant’s manufactured home and
11-15 its appurtenances to a new location within 50 miles from the
11-16 manufactured home park; or
11-17 (b) If the new location is more than 50 miles from the
11-18 manufactured home park, the cost of moving the manufactured
11-19 home for the first 50 miles,
11-20 including fees for inspection, any deposits for connecting utilities
11-21 and the cost of taking down, moving, setting up and leveling his
11-22 manufactured home and its appurtenances in the new lot or park.
11-23 3. If the tenant chooses not to move the manufactured home,
11-24 the manufactured home cannot be moved without being
11-25 structurally damaged, or there is no manufactured home park
11-26 within 50 miles that is willing to accept the manufactured home,
11-27 the landlord:
11-28 (a) May remove and dispose of the manufactured home; and
11-29 (b) Shall pay to the tenant the fair market value of the
11-30 manufactured home less the reasonable cost of removing and
11-31 disposing of the manufactured home.
11-32 4. A landlord shall not increase the rent of any tenant for 180
11-33 days before applying for a change in land use, permit or variance
11-34 affecting the manufactured home park.
11-35 [3.] 5. For the purposes of this section, the fair market value
11-36 of a manufactured home and the reasonable cost of removing and
11-37 disposing of a manufactured home must be determined by:
11-38 (a) A dealer licensed pursuant to chapter 489 of NRS who is
11-39 agreed upon by the landlord and tenant; or
11-40 (b) If the landlord and tenant cannot agree pursuant to
11-41 paragraph (a), a dealer licensed pursuant to chapter 489 of NRS
11-42 who is selected for this purpose by the Division.
11-43 6. The provisions of this section do not apply to a corporate
11-44 cooperative park.
12-1 Sec. 12. NRS 118B.190 is hereby amended to read as follows:
12-2 118B.190 1. A written agreement between a landlord and
12-3 tenant for the rental or lease of a manufactured home lot in a
12-4 manufactured home park in this state, or for the rental or lease of a
12-5 lot for a recreational vehicle in an area of a manufactured home park
12-6 in this state other than an area designated as a recreational vehicle
12-7 lot pursuant to the provisions of subsection 6 of NRS 40.215, must
12-8 not be terminated by the landlord except upon notice in writing to
12-9 the tenant served in the manner provided in NRS 40.280:
12-10 (a) [Five] Except as otherwise provided in paragraph (b), 5
12-11 days in advance if the termination is because the conduct of the
12-12 tenant constitutes a nuisance as [described in subsection 6 of
12-13 NRS 118B.200.
12-14 (b) Ten] defined in NRS 40.140 or violates a state law or local
12-15 ordinance.
12-16 (b) Three days in advance upon the issuance of temporary writ
12-17 of restitution pursuant to NRS 40.300 on the grounds that a
12-18 nuisance as defined in NRS 40.140 has occurred in the park by
12-19 the act of a tenant or any guest, visitor or other member of a
12-20 tenant’s household consisting of any of the following specific
12-21 activities:
12-22 (1) Discharge of a weapon.
12-23 (2) Prostitution.
12-24 (3) Illegal drug manufacture or use.
12-25 (4) Child molestation or abuse.
12-26 (5) Property damage as a result of vandalism.
12-27 (6) Operating a vehicle while under the influence of
12-28 alcohol or any other controlled substance.
12-29 (7) Elder molestation or abuse.
12-30 (c) Except as otherwise provided in subsection 6, 10 days in
12-31 advance if the termination is because of failure of the tenant to pay
12-32 rent, utility charges or reasonable service fees.
12-33 [(c)] (d) One hundred eighty days in advance if the termination
12-34 is because of a change in the use of the land by the landlord
12-35 pursuant to NRS 118B.180.
12-36 [(d)] (e) Forty-five days in advance if the termination is for any
12-37 other reason.
12-38 2. The landlord shall specify in the notice the reason for the
12-39 termination of the agreement. The reason relied upon for the
12-40 termination must be set forth with specific facts so that the date,
12-41 place and circumstances concerning the reason for the termination
12-42 can be determined. The termination must be in accordance with the
12-43 provisions of NRS 118B.200 and reference alone to a provision of
12-44 that section does not constitute sufficient specificity pursuant to this
12-45 subsection.
13-1 3. The service of such a notice does not enhance the landlord’s
13-2 right, if any, to enter the tenant’s manufactured home. Except in an
13-3 emergency, the landlord shall not enter the manufactured home of
13-4 the tenant served with such a notice without the tenant’s permission
13-5 or a court order allowing the entry.
13-6 4. If a tenant remains in possession of the manufactured home
13-7 lot after expiration of the term of the rental agreement, the tenancy
13-8 is from week to week in the case of a tenant who pays weekly rent,
13-9 and in all other cases the tenancy is from month to month. The
13-10 tenant’s continued occupancy is on the same terms and conditions as
13-11 were contained in the rental agreement unless specifically agreed
13-12 otherwise in writing.
13-13 5. The landlord and tenant may agree to a specific date for
13-14 termination of the agreement. If any provision of this chapter
13-15 specifies a period of notice which is longer than the period of a
13-16 particular tenancy, the required length of the period of notice is
13-17 controlling.
13-18 6. Notwithstanding any provision of NRS 40.215 to 40.425,
13-19 inclusive, if a tenant who is not a natural person has received
13-20 three notices for nonpayment of rent in accordance with
13-21 subsection 1, the landlord is not required to give the tenant a
13-22 further 10-day notice in advance of termination if the termination
13-23 is because of failure to pay rent, utility charges or reasonable
13-24 service fees.
13-25 Sec. 13. NRS 118B.200 is hereby amended to read as follows:
13-26 118B.200 1. Notwithstanding the expiration of a period of a
13-27 tenancy, the rental agreement described in NRS 118B.190 may not
13-28 be terminated except for:
13-29 [1.] (a) Failure of the tenant to pay rent, utility charges or
13-30 reasonable service fees within 10 days after written notice of
13-31 delinquency served upon the tenant in the manner provided in
13-32 NRS 40.280;
13-33 [2.] (b) Failure of the tenant to correct any noncompliance with
13-34 a law, ordinance or governmental regulation pertaining to
13-35 manufactured homes or recreational vehicles or a valid rule or
13-36 regulation established pursuant to NRS 118B.100 or to cure any
13-37 violation of the rental agreement within a reasonable time after
13-38 receiving written notification of noncompliance or violation;
13-39 [3.] (c) Conduct of the tenant in the manufactured home park
13-40 which constitutes an annoyance to other tenants;
13-41 [4.] (d) Violation of valid rules of conduct, occupancy or use of
13-42 park facilities after written notice of the violation is served upon the
13-43 tenant in the manner provided in NRS 40.280;
13-44 [5.] (e) A change in the use of the land by the landlord pursuant
13-45 to NRS 118B.180;
14-1 [6.] (f) Conduct of the tenant which constitutes a nuisance as
14-2 defined in NRS 40.140 or which violates a state law or local
14-3 ordinance[; or
14-4 7.] , specifically including, without limitation:
14-5 (1) Discharge of a weapon;
14-6 (2) Prostitution;
14-7 (3) Illegal drug manufacture or use;
14-8 (4) Child molestation or abuse;
14-9 (5) Elder molestation or abuse;
14-10 (6) Property damage as a result of vandalism; and
14-11 (7) Operating a motor vehicle while under the influence of
14-12 alcohol or any other controlled substance; or
14-13 (g) In a manufactured home park that is owned by a nonprofit
14-14 organization or housing authority, failure of the tenant to meet
14-15 qualifications relating to age or income which:
14-16 [(a)] (1) Are set forth in the lease signed by the tenant; and
14-17 [(b)] (2) Comply with federal, state and local law.
14-18 2. A tenant who is not a natural person and who has received
14-19 three or more 10-day notices to quit for failure to pay rent in the
14-20 preceding 12-month period may have his tenancy terminated by
14-21 the landlord for habitual failure to pay timely rent.
14-22 Sec. 14. NRS 40.251 is hereby amended to read as follows:
14-23 40.251 A tenant of real property, a recreational vehicle or a
14-24 mobile home for a term less than life is guilty of an unlawful
14-25 detainer when having leased:
14-26 1. Real property, except as otherwise provided in this section,
14-27 or a mobile home for an indefinite time, with monthly or other
14-28 periodic rent reserved, he continues in possession thereof, in person
14-29 or by subtenant, without the landlord’s consent after the expiration
14-30 of a notice of:
14-31 (a) For tenancies from week to week, at least 7 days;
14-32 (b) For all other periodic tenancies, at least 30 days; or
14-33 (c) For tenancies at will, at least 5 days.
14-34 2. A dwelling unit subject to the provisions of chapter 118A of
14-35 NRS, he continues in possession, in person or by subtenant, without
14-36 the landlord’s consent after expiration of:
14-37 (a) The term of the rental agreement or its termination and,
14-38 except as otherwise provided in paragraph (b), the expiration of a
14-39 notice of at least 7 days for tenancies from week to week and 30
14-40 days for all other periodic tenancies; or
14-41 (b) A notice of at least 5 days where the tenant has failed to
14-42 perform his basic or contractual obligations under chapter 118A of
14-43 NRS.
14-44 3. A mobile home lot subject to the provisions of chapter 118B
14-45 of NRS, or a lot for a recreational vehicle in an area of a mobile
15-1 home park other than an area designated as a recreational vehicle lot
15-2 pursuant to the provisions of subsection 6 of NRS 40.215, he
15-3 continues in possession, in person or by subtenant, without the
15-4 landlord’s consent, [after] :
15-5 (a) After notice has been given pursuant to NRS 118B.115,
15-6 118B.170 or 118B.190 and the period of the notice has expired[.] ;
15-7 or
15-8 (b) If the person is not a natural person and has received three
15-9 notices for nonpayment of rent within a 12-month period,
15-10 immediately upon failure to pay timely rent.
15-11 4. A recreational vehicle lot, he continues in possession, in
15-12 person or by subtenant, without the landlord’s consent, after the
15-13 expiration of a notice of at least 5 days.
15-14 H