(Reprinted with amendments adopted on May 30, 2003)
THIRD REPRINT A.B. 498
Assembly Bill No. 498–Committee on Commerce and Labor
March 24, 2003
____________
Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes regarding manufactured home parks and tenants of real property. (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 property; increasing the length of notice before a person who is 60 years of age or older or who has a disability may be evicted from certain periodic tenancies under certain circumstances; 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
2-1 the entrance of the manufactured home park or in another
2-2 common area in the manufactured home park, a legible and
2-3 typewritten sign that contains the following contact information
2-4 regarding the Division in substantially the following form:
2-5 TENANTS OF MANUFACTURED HOME PARKS ARE
2-6 ENTITLED TO CERTAIN RIGHTS UNDER NEVADA
2-7 REVISED STATUTES
2-8 To obtain information regarding your rights as a tenant
2-9 under Nevada Revised Statutes, you may contact the
2-10 Manufactured Housing Division of the Department of
2-11 Business and Industry as follows:
2-12 SOUTHERN NEVADA:
2-13 (The address of the Division in Southern Nevada)
2-14 (The local telephone number of the Division in Southern
2-15 Nevada)
2-16 NORTHERN NEVADA:
2-17 (The address of the Division in Northern Nevada)
2-18 (The local telephone number of the Division in Northern
2-19 Nevada)
2-20 INTERNET:
2-21 (The Internet address of the Division)
2-22 2. The Division shall notify each landlord if any of the
2-23 contact information regarding the Division changes. Not later
2-24 than 30 days after receiving such a notice from the Division, the
2-25 landlord shall replace the existing sign with a new sign that
2-26 contains the new contact information regarding the Division.
2-27 Sec. 2. NRS 118B.040 is hereby amended to read as follows:
2-28 118B.040 1. An approved applicant for residency may
2-29 request 72 hours to review the proposed rental agreement or lease,
2-30 the rules and regulations of the manufactured home park and
2-31 other residency documents. Upon receiving such a request, the
2-32 landlord shall allow the approved applicant to review the
2-33 documents for 72 hours. This review period does not, however,
2-34 prevent the landlord from accepting another tenant for the space
2-35 or residency while the 72 hours is pending.
2-36 2. A rental agreement or lease between a landlord and tenant to
2-37 rent or lease any manufactured home lot must be in writing. The
2-38 landlord shall give the tenant a copy of the agreement or lease at the
2-39 time the tenant signs it.
3-1 [2.] 3. A rental agreement or lease must contain, but is not
3-2 limited to, provisions relating to:
3-3 (a) The duration of the agreement.
3-4 (b) The amount of rent, the manner and time of its payment and
3-5 the amount of any charges for late payment and dishonored checks.
3-6 (c) Restrictions on occupancy by children or pets.
3-7 (d) Services and utilities included with the rental of a lot and the
3-8 responsibility of maintaining or paying for them, including the
3-9 charge, if any, for cleaning the lots.
3-10 (e) Deposits which may be required and the conditions for their
3-11 refund.
3-12 (f) Maintenance which the tenant is required to perform and any
3-13 appurtenances he is required to provide.
3-14 (g) The name and address of the owner of the manufactured
3-15 home park and his authorized agent.
3-16 (h) Any restrictions on subletting.
3-17 (i) Any recreational facilities and other amenities provided to the
3-18 tenant and any deposits or fees required for their use.
3-19 (j) Any restriction of the park to older persons pursuant to
3-20 federal law.
3-21 (k) The dimensions of the manufactured home lot of the tenant.
3-22 (l) A summary of the provisions of NRS 202.470.
3-23 (m) Information regarding the procedure pursuant to which a
3-24 tenant may report to the appropriate authorities:
3-25 (1) A nuisance.
3-26 (2) A violation of a building, safety or health code or
3-27 regulation.
3-28 (n) The amount to be charged each month to the tenant to
3-29 reimburse the landlord for the cost of a capital improvement to the
3-30 manufactured home park. Such an amount must be stated separately
3-31 and include the length of time the charge will be collected and the
3-32 total amount to be recovered by the landlord from all tenants in the
3-33 manufactured home park.
3-34 Sec. 3. NRS 118B.060 is hereby amended to read as follows:
3-35 118B.060 1. Any payment, deposit, fee or other charge which
3-36 is required by the landlord in addition to periodic rent, utility
3-37 charges or service fees and is collected as prepaid rent or a sum to
3-38 compensate for any tenant default is a “deposit” governed by the
3-39 provisions of this section.
3-40 2. The landlord shall maintain a separate record of the deposits.
3-41 3. Except as otherwise provided in subsection 4:
3-42 (a) All deposits are refundable, and upon termination of the
3-43 tenancy, or if the deposit is collected as a sum to compensate for a
3-44 tenant default, not more than 5 years after the landlord receives the
3-45 deposit, the landlord may claim from a deposit only such amounts as
4-1 are reasonably necessary to remedy tenant defaults in the payment
4-2 of rent, utility charges or service fees and to repair damage to the
4-3 park caused by the tenant. The landlord shall provide the tenant with
4-4 an itemized written accounting of the disposition of the deposit.
4-5 (b) Any refund must be sent to the tenant within 21 days after
4-6 the tenancy is terminated.
4-7 4. Each deposit collected as a sum to compensate for a tenant
4-8 default must be refunded to the tenant not more than 5 years after
4-9 the landlord receives the deposit or upon the termination of the
4-10 tenancy, whichever is earlier. The refund must include interest on
4-11 the amount of the deposit at the rate [of 5 percent per year,]
4-12 required by this subsection, compounded annually, for the entire
4-13 period during which the deposit was held by the landlord. For the
4-14 purposes of this subsection, the rate of interest must be equal to
4-15 the average of the prevailing rates of interest for deposits, as
4-16 determined by the Administrator.
4-17 5. Upon termination of the landlord’s interest in the
4-18 manufactured home park, the landlord shall transfer to his successor
4-19 in interest that portion of the deposit remaining after making any
4-20 deductions allowed pursuant to this section or refund that portion to
4-21 the tenant.
4-22 6. If the former landlord fails to transfer that portion of the
4-23 deposit remaining to the successor in interest or refund it to
4-24 the tenant at the time the successor in interest takes possession, the
4-25 successor becomes jointly and severally liable with the former
4-26 landlord for refunding to the tenant that portion of the deposit to
4-27 which he is entitled.
4-28 7. If the former landlord fails to transfer or refund the deposit,
4-29 the tenant may not be required to pay another deposit until the
4-30 successor in interest refunds the deposit to the tenant or provides
4-31 him with an itemized written accounting of the statutorily authorized
4-32 disposition of the deposit.
4-33 8. The claim of the tenant to any deposit to which he is entitled
4-34 by law takes precedence over the claim of any creditor of the
4-35 landlord.
4-36 9. The provisions of this section do not apply to a corporate
4-37 cooperative park.
4-38 Sec. 4. NRS 118B.067 is hereby amended to read as follows:
4-39 118B.067 1. If a landlord approves the placement of a
4-40 manufactured home on a lot in a park and it is determined after the
4-41 home is placed on the lot that the placement of the home does not
4-42 comply with the requirements of the local ordinances relating to that
4-43 placement, the landlord shall pay the cost to ensure compliance with
4-44 those requirements.
5-1 2. A landlord shall notify any tenant who is bringing a
5-2 manufactured home which is new to the manufactured home park
5-3 into the manufactured home park that the provisions of NRS
5-4 489.311 require that only persons licensed by the State of Nevada
5-5 as manufactured home installers are legally permitted to set up
5-6 and install a manufactured home. Before the tenant may bring
5-7 such a manufactured home into the manufactured home park, the
5-8 tenant must provide to the landlord a copy of the license issued
5-9 pursuant to NRS 489.311 to the person who will be installing the
5-10 manufactured home.
5-11 Sec. 5. NRS 118B.070 is hereby amended to read as follows:
5-12 118B.070 1. The landlord shall provide:
5-13 [1.] (a) Each new tenant with a copy of the current text of the
5-14 provisions of this chapter with the rental agreement at the time the
5-15 tenant signs the agreement.
5-16 [2.] (b) Each tenant with a copy of each provision of this
5-17 chapter which is added, amended or repealed within 90 days after
5-18 the provisions become effective.
5-19 2. When the landlord provides a tenant with a copy of any of
5-20 the provisions of this chapter pursuant to subsection 1, the copy
5-21 must contain a legible and typewritten statement that contains the
5-22 following contact information regarding the Division in
5-23 substantially the following form:
5-24 TENANTS OF MANUFACTURED HOME PARKS ARE
5-25 ENTITLED TO CERTAIN RIGHTS UNDER NEVADA
5-26 REVISED STATUTES
5-27 To obtain information regarding your rights as a tenant
5-28 under Nevada Revised Statutes, you may contact the
5-29 Manufactured Housing Division of the Department of
5-30 Business and Industry as follows:
5-31 SOUTHERN NEVADA:
5-32 (The address of the Division in Southern Nevada)
5-33 (The local telephone number of the Division in Southern
5-34 Nevada)
5-35 NORTHERN NEVADA:
5-36 (The address of the Division in Northern Nevada)
5-37 (The local telephone number of the Division in Northern
5-38 Nevada)
5-39 INTERNET:
5-40 (The Internet address of the Division)
6-1 Sec. 6. NRS 118B.080 is hereby amended to read as follows:
6-2 118B.080 1. The landlord shall disclose in writing to each
6-3 tenant the:
6-4 (a) Name, address and telephone number of the owner and
6-5 manager or assistant manager of the manufactured home park; and
6-6 (b) Name and address of a person authorized to receive service
6-7 of process for the landlord,
6-8 and any change thereof.
6-9 2. The information must be furnished in writing to each new
6-10 tenant on or before the commencement of his tenancy and to each
6-11 existing tenant.
6-12 3. A landlord shall post, or provide to each tenant, the office
6-13 hours or landlord’s availability at the park location.
6-14 Sec. 7. NRS 118B.086 is hereby amended to read as follows:
6-15 118B.086 1. Each manager and assistant manager of a
6-16 manufactured home park which has [25] 2 or more lots shall
6-17 complete annually 6 hours of continuing education relating to the
6-18 management of a manufactured home park.
6-19 2. The Administrator shall adopt regulations specifying the
6-20 areas of instruction for the continuing education required by
6-21 subsection 1.
6-22 3. The instruction must include, but is not limited to,
6-23 information relating to:
6-24 (a) The provisions of chapter 118B of NRS;
6-25 (b) Leases and rental agreements;
6-26 (c) Unlawful detainer and eviction as set forth in NRS 40.215 to
6-27 40.425, inclusive;
6-28 (d) The resolution of complaints and disputes concerning
6-29 landlords and tenants of manufactured home parks; and
6-30 (e) The adoption and enforcement of the rules and regulations of
6-31 a manufactured home park.
6-32 4. Each course of instruction and the instructor of the course
6-33 must be approved by the Administrator. The Administrator shall
6-34 adopt regulations setting forth the procedure for applying for
6-35 approval of an instructor and course of instruction. The
6-36 Administrator may require submission of such reasonable
6-37 information by an applicant as he deems necessary to determine the
6-38 suitability of the instructor and the course. The Administrator shall
6-39 not approve a course if the fee charged for the course is not
6-40 reasonable. Upon approval, the Administrator shall designate the
6-41 number of hours of credit allowable for the course.
6-42 Sec. 8. NRS 118B.087 is hereby amended to read as follows:
6-43 118B.087 1. There are hereby created two regions to provide
6-44 courses of continuing education pursuant to NRS 118B.086. One
6-45 region is the northern region consisting of the counties of Washoe,
7-1 Storey, Douglas, Lyon, Churchill, Pershing, Humboldt, Lander,
7-2 Elko, Eureka, Mineral, White Pine and Carson City, and one region
7-3 is the southern region consisting of the counties of Lincoln, Nye,
7-4 Esmeralda and Clark.
7-5 2. The person who applied for approval of a course or his
7-6 designee shall notify the Administrator of the date and location each
7-7 time the course is offered, as soon as practicable after scheduling the
7-8 course.
7-9 3. The Administrator shall ensure that a course of continuing
7-10 education is offered at least every 6 months in each region. If the
7-11 Administrator finds that no approved course will be offered to meet
7-12 the requirements of this subsection, he shall offer the course and
7-13 charge a reasonable fee for each person enrolled in the course.
7-14 4. If the fees collected by the Administrator for the course do
7-15 not cover the cost of offering the course, the Administrator shall
7-16 determine the difference between the fees collected and the cost of
7-17 offering the course, divide that amount by the number of
7-18 manufactured home parks which have [25] 2 lots or more in the
7-19 region in which the course was held and assess that amount to each
7-20 landlord of such a manufactured home park. The landlord shall pay
7-21 the assessment within 30 days after it was mailed by the
7-22 Administrator.
7-23 Sec. 9. NRS 118B.150 is hereby amended to read as follows:
7-24 118B.150 1. Except as otherwise provided in [subsection 2,]
7-25 subsections 2 and 3, the landlord or his agent or employee shall not:
7-26 (a) Increase rent or additional charges unless:
7-27 (1) The rent charged after the increase is the same rent
7-28 charged for manufactured homes of the same size or lots of the same
7-29 size or of a similar location within the park, including, without
7-30 limitation, manufactured homes and lots which are held pursuant to
7-31 a long-term lease, except that a discount may be selectively given to
7-32 persons who:
7-33 (I) Are handicapped;
7-34 (II) Are 55 years of age or older;
7-35 (III) Are long-term tenants of the park if the landlord has
7-36 specified in the rental agreement or lease the period of tenancy
7-37 required to qualify for such a discount;
7-38 (IV) Pay their rent in a timely manner; or
7-39 (V) Pay their rent by check, money order or electronic
7-40 means;
7-41 (2) Any increase in additional charges for special services is
7-42 the same amount for each tenant using the special service; and
7-43 (3) Written notice advising a tenant of the increase is
7-44 received by the tenant 90 days before the first payment to be
7-45 increased and written notice of the increase is given to prospective
8-1 tenants before commencement of their tenancy. In addition to the
8-2 notice provided to a tenant pursuant to this subparagraph, if the
8-3 landlord or his agent or employee knows or reasonably should know
8-4 that the tenant receives assistance from the Fund created pursuant to
8-5 NRS 118B.215, the landlord or his agent or employee shall provide
8-6 to the Administrator written notice of the increase 90 days before
8-7 the first payment to be increased.
8-8 (b) Require a tenant to pay for an improvement to the common
8-9 area of a manufactured home park unless the landlord is required to
8-10 make the improvement pursuant to an ordinance of a local
8-11 government.
8-12 (c) Require a tenant to pay for a capital improvement to the
8-13 manufactured home park unless the tenant has notice of the
8-14 requirement at the time he enters into the rental agreement. A tenant
8-15 may not be required to pay for a capital improvement after the
8-16 tenant enters into the rental agreement unless the tenant consents to
8-17 it in writing or is given 60 days’ notice of the requirement in
8-18 writing. The landlord may not establish such a requirement unless a
8-19 meeting of the tenants is held to discuss the proposal and the
8-20 landlord provides each tenant with notice of the proposal and
8-21 the date, time and place of the meeting not less than 60 days before
8-22 the meeting. The notice must include a copy of the proposal. A
8-23 notice in a periodic publication of the park does not constitute notice
8-24 for the purposes of this paragraph.
8-25 (d) Require a tenant to pay his rent by check or money order.
8-26 (e) Require a tenant who pays his rent in cash to apply any
8-27 change to which he is entitled to the next periodic payment that is
8-28 due. The landlord or his agent or employee shall have an adequate
8-29 amount of money available to provide change to such a tenant.
8-30 (f) Prohibit or require fees or deposits for any meetings held in
8-31 the park’s community or recreational facility by the tenants or
8-32 occupants of any manufactured home or recreational vehicle in the
8-33 park to discuss the park’s affairs, or any political [or social] meeting
8-34 sponsored by a tenant, if the meetings are held at reasonable hours
8-35 and when the facility is not otherwise in use, or prohibit the
8-36 distribution of notices of those meetings.
8-37 (g) Interrupt, with the intent to terminate occupancy, any utility
8-38 service furnished the tenant except for nonpayment of utility charges
8-39 when due. Any landlord who violates this paragraph is liable to the
8-40 tenant for actual damages.
8-41 (h) Prohibit a tenant from having guests, but he may require the
8-42 tenant to register the guest within 48 hours after his arrival, Sundays
8-43 and legal holidays excluded, and if the park is a secured park, a
8-44 guest may be required to register upon entering and leaving.
9-1 (i) Charge a fee for a guest who does not stay with the tenant for
9-2 more than a total of 60 days in a calendar year. The tenant of a
9-3 manufactured home lot who is living alone may allow one other
9-4 person to live in his home without paying an additional charge or
9-5 fee, unless such a living arrangement constitutes a violation of
9-6 chapter 315 of NRS. No agreement between a tenant and his guest
9-7 alters or varies the terms of the rental contract between the tenant
9-8 and the landlord, and the guest is subject to the rules and regulations
9-9 of the landlord.
9-10 (j) Prohibit a tenant from erecting a fence along the perimeter of
9-11 the tenant’s lot if the fence complies with any standards for fences
9-12 established by the landlord, including limitations established for the
9-13 height of fences, the materials used for fences and the manner in
9-14 which fences are to be constructed.
9-15 (k) Prohibit any tenant from soliciting membership in any
9-16 association which is formed by the tenants who live in the park. As
9-17 used in this paragraph, “solicit” means to make an oral or written
9-18 request for membership or the payment of dues or to distribute,
9-19 circulate or post a notice for payment of those dues.
9-20 (l) Prohibit a public officer, candidate for public office or the
9-21 representative of a public officer or candidate for public office from
9-22 walking through the park to talk with the tenants or distribute
9-23 political material.
9-24 (m) If a tenant has voluntarily assumed responsibility to trim the
9-25 trees on his lot, require the tenant to trim any particular tree located
9-26 on the lot or dispose of the trimmings unless a danger or hazard
9-27 exists.
9-28 2. The landlord is entitled to require a security deposit from a
9-29 tenant who wants to use the manufactured home park’s
9-30 clubhouse, swimming pool or other park facilities for the tenant’s
9-31 exclusive use. The landlord may require the deposit at least 1 week
9-32 before the use. The landlord shall apply the deposit to costs which
9-33 occur due to damage or clean up from the tenant’s use within 1
9-34 week after the use, if any, and shall, on or before the 8th day after
9-35 the use, refund any unused portion of the deposit to the tenant
9-36 making the deposit. The landlord is not required to place such a
9-37 deposit into a financial institution or to pay interest on the deposit.
9-38 3. The provisions of paragraphs (a), (b), (c), (j) and (m) of
9-39 subsection 1 do not apply to a corporate cooperative park.
9-40 [3.] 4. As used in this section, “long-term lease” means a
9-41 rental agreement or lease the duration of which exceeds 12 months.
9-42 Sec. 10. NRS 118B.177 is hereby amended to read as follows:
9-43 118B.177 1. If a landlord closes a manufactured home park
9-44 he shall pay [:] the amount described in subsection 2 or 3, in
9-45 accordance with the choice of the tenant.
10-1 2. If the tenant chooses to move the manufactured home, the
10-2 landlord shall pay to the tenant:
10-3 (a) The cost of moving each tenant’s manufactured home and its
10-4 appurtenances to a new location within 50 miles from the
10-5 manufactured home park; or
10-6 (b) If the new location is more than 50 miles from the
10-7 manufactured home park, the cost of moving the manufactured
10-8 home for the first 50 miles,
10-9 including fees for inspection, any deposits for connecting utilities,
10-10 and the cost of taking down, moving, setting up and leveling the
10-11 manufactured home and its appurtenances in the new lot or park.
10-12 [2.] 3. If the tenant chooses not to move the manufactured
10-13 home, the manufactured home cannot be moved without being
10-14 structurally damaged, or there is no manufactured home park
10-15 within 50 miles that is willing to accept the manufactured home,
10-16 the landlord:
10-17 (a) May remove and dispose of the manufactured home; and
10-18 (b) Shall pay to the tenant the fair market value of the
10-19 manufactured home less the reasonable cost of removing and
10-20 disposing of the manufactured home.
10-21 4. Written notice of the closure must be served on each tenant
10-22 in the manner provided in NRS 40.280, giving the tenant at least
10-23 180 days after the date of the notice before he is required to move
10-24 his manufactured home from the lot.
10-25 5. For the purposes of this section, the fair market value of a
10-26 manufactured home and the reasonable cost of removing and
10-27 disposing of a manufactured home must be determined by:
10-28 (a) A dealer licensed pursuant to chapter 489 of NRS who is
10-29 agreed upon by the landlord and tenant; or
10-30 (b) If the landlord and tenant cannot agree pursuant to
10-31 paragraph (a), a dealer licensed pursuant to chapter 489 of NRS
10-32 who is selected for this purpose by the Division.
10-33 Sec. 11. NRS 118B.183 is hereby amended to read as follows:
10-34 118B.183 1. A landlord may convert an existing
10-35 manufactured home park to any other use of the land if the change is
10-36 approved by the appropriate local zoning board, planning
10-37 commission or governing body, and:
10-38 (a) The landlord gives notice in writing to each tenant within 5
10-39 days after he files his application for the change in land use with the
10-40 local zoning board, planning commission or governing body;
10-41 (b) The landlord pays [:
10-42 (1) The cost of moving the tenant’s manufactured home and
10-43 its appurtenances to a new location within 50 miles from the
10-44 manufactured home park; or
11-1 (2) If the new location is more than 50 miles from the
11-2 manufactured home park, the cost of moving the manufactured
11-3 home for the first 50 miles,
11-4 including fees for inspection, any deposits for connecting utilities
11-5 and the cost of taking down, moving, setting up and leveling his
11-6 manufactured home and its appurtenances in the new lot or park;]
11-7 the amount described in subsection 2 or 3, in accordance with the
11-8 choice of the tenant; and
11-9 (c) After the landlord is granted final approval of the change by
11-10 the appropriate local zoning board, planning commission or
11-11 governing body, written notice is served on each tenant in the
11-12 manner provided in NRS 40.280, giving the tenant at least 180 days
11-13 after the date of the notice before he is required to move his
11-14 manufactured home from the lot.
11-15 2. If the tenant chooses to move the manufactured home, the
11-16 landlord shall pay to the tenant:
11-17 (a) The cost of moving the tenant’s manufactured home and
11-18 its appurtenances to a new location within 50 miles from the
11-19 manufactured home park; or
11-20 (b) If the new location is more than 50 miles from the
11-21 manufactured home park, the cost of moving the manufactured
11-22 home for the first 50 miles,
11-23 including fees for inspection, any deposits for connecting utilities
11-24 and the cost of taking down, moving, setting up and leveling his
11-25 manufactured home and its appurtenances in the new lot or park.
11-26 3. If the tenant chooses not to move the manufactured home,
11-27 the manufactured home cannot be moved without being
11-28 structurally damaged, or there is no manufactured home park
11-29 within 50 miles that is willing to accept the manufactured home,
11-30 the landlord:
11-31 (a) May remove and dispose of the manufactured home; and
11-32 (b) Shall pay to the tenant the fair market value of the
11-33 manufactured home less the reasonable cost of removing and
11-34 disposing of the manufactured home.
11-35 4. A landlord shall not increase the rent of any tenant for 180
11-36 days before applying for a change in land use, permit or variance
11-37 affecting the manufactured home park.
11-38 [3.] 5. For the purposes of this section, the fair market value
11-39 of a manufactured home and the reasonable cost of removing and
11-40 disposing of a manufactured home must be determined by:
11-41 (a) A dealer licensed pursuant to chapter 489 of NRS who is
11-42 agreed upon by the landlord and tenant; or
11-43 (b) If the landlord and tenant cannot agree pursuant to
11-44 paragraph (a), a dealer licensed pursuant to chapter 489 of NRS
11-45 who is selected for this purpose by the Division.
12-1 6. The provisions of this section do not apply to a corporate
12-2 cooperative park.
12-3 Sec. 12. NRS 118B.190 is hereby amended to read as follows:
12-4 118B.190 1. A written agreement between a landlord and
12-5 tenant for the rental or lease of a manufactured home lot in a
12-6 manufactured home park in this state, or for the rental or lease of a
12-7 lot for a recreational vehicle in an area of a manufactured home park
12-8 in this state other than an area designated as a recreational vehicle
12-9 lot pursuant to the provisions of subsection 6 of NRS 40.215, must
12-10 not be terminated by the landlord except upon notice in writing to
12-11 the tenant served in the manner provided in NRS 40.280:
12-12 (a) [Five] Except as otherwise provided in paragraph (b), 5
12-13 days in advance if the termination is because the conduct of the
12-14 tenant constitutes a nuisance as [described in subsection 6 of
12-15 NRS 118B.200.
12-16 (b) Ten] defined in NRS 40.140 or violates a state law or local
12-17 ordinance.
12-18 (b) Three days in advance upon the issuance of temporary writ
12-19 of restitution pursuant to NRS 40.300 on the grounds that a
12-20 nuisance as defined in NRS 40.140 has occurred in the park by
12-21 the act of a tenant or any guest, visitor or other member of a
12-22 tenant’s household consisting of any of the following specific
12-23 activities:
12-24 (1) Discharge of a weapon.
12-25 (2) Prostitution.
12-26 (3) Illegal drug manufacture or use.
12-27 (4) Child molestation or abuse.
12-28 (5) Property damage as a result of vandalism.
12-29 (6) Operating a vehicle while under the influence of
12-30 alcohol or any other controlled substance.
12-31 (7) Elder molestation or abuse.
12-32 (c) Except as otherwise provided in subsection 6, 10 days in
12-33 advance if the termination is because of failure of the tenant to pay
12-34 rent, utility charges or reasonable service fees.
12-35 [(c)] (d) One hundred eighty days in advance if the termination
12-36 is because of a change in the use of the land by the landlord
12-37 pursuant to NRS 118B.180.
12-38 [(d)] (e) Forty-five days in advance if the termination is for any
12-39 other reason.
12-40 2. The landlord shall specify in the notice the reason for the
12-41 termination of the agreement. The reason relied upon for the
12-42 termination must be set forth with specific facts so that the date,
12-43 place and circumstances concerning the reason for the termination
12-44 can be determined. The termination must be in accordance with the
12-45 provisions of NRS 118B.200 and reference alone to a provision of
13-1 that section does not constitute sufficient specificity pursuant to this
13-2 subsection.
13-3 3. The service of such a notice does not enhance the landlord’s
13-4 right, if any, to enter the tenant’s manufactured home. Except in an
13-5 emergency, the landlord shall not enter the manufactured home of
13-6 the tenant served with such a notice without the tenant’s permission
13-7 or a court order allowing the entry.
13-8 4. If a tenant remains in possession of the manufactured home
13-9 lot after expiration of the term of the rental agreement, the tenancy
13-10 is from week to week in the case of a tenant who pays weekly rent,
13-11 and in all other cases the tenancy is from month to month. The
13-12 tenant’s continued occupancy is on the same terms and conditions as
13-13 were contained in the rental agreement unless specifically agreed
13-14 otherwise in writing.
13-15 5. The landlord and tenant may agree to a specific date for
13-16 termination of the agreement. If any provision of this chapter
13-17 specifies a period of notice which is longer than the period of a
13-18 particular tenancy, the required length of the period of notice is
13-19 controlling.
13-20 6. Notwithstanding any provision of NRS 40.215 to 40.425,
13-21 inclusive, if a tenant who is not a natural person has received
13-22 three notices for nonpayment of rent in accordance with
13-23 subsection 1, the landlord is not required to give the tenant a
13-24 further 10-day notice in advance of termination if the termination
13-25 is because of failure to pay rent, utility charges or reasonable
13-26 service fees.
13-27 Sec. 13. NRS 118B.200 is hereby amended to read as follows:
13-28 118B.200 1. Notwithstanding the expiration of a period of a
13-29 tenancy, the rental agreement described in NRS 118B.190 may not
13-30 be terminated except for:
13-31 [1.] (a) Failure of the tenant to pay rent, utility charges or
13-32 reasonable service fees within 10 days after written notice of
13-33 delinquency served upon the tenant in the manner provided in
13-34 NRS 40.280;
13-35 [2.] (b) Failure of the tenant to correct any noncompliance with
13-36 a law, ordinance or governmental regulation pertaining to
13-37 manufactured homes or recreational vehicles or a valid rule or
13-38 regulation established pursuant to NRS 118B.100 or to cure any
13-39 violation of the rental agreement within a reasonable time after
13-40 receiving written notification of noncompliance or violation;
13-41 [3.] (c) Conduct of the tenant in the manufactured home park
13-42 which constitutes an annoyance to other tenants;
13-43 [4.] (d) Violation of valid rules of conduct, occupancy or use of
13-44 park facilities after written notice of the violation is served upon the
13-45 tenant in the manner provided in NRS 40.280;
14-1 [5.] (e) A change in the use of the land by the landlord pursuant
14-2 to NRS 118B.180;
14-3 [6.] (f) Conduct of the tenant which constitutes a nuisance as
14-4 defined in NRS 40.140 or which violates a state law or local
14-5 ordinance[; or
14-6 7.] , specifically including, without limitation:
14-7 (1) Discharge of a weapon;
14-8 (2) Prostitution;
14-9 (3) Illegal drug manufacture or use;
14-10 (4) Child molestation or abuse;
14-11 (5) Elder molestation or abuse;
14-12 (6) Property damage as a result of vandalism; and
14-13 (7) Operating a motor vehicle while under the influence of
14-14 alcohol or any other controlled substance; or
14-15 (g) In a manufactured home park that is owned by a nonprofit
14-16 organization or housing authority, failure of the tenant to meet
14-17 qualifications relating to age or income which:
14-18 [(a)] (1) Are set forth in the lease signed by the tenant; and
14-19 [(b)] (2) Comply with federal, state and local law.
14-20 2. A tenant who is not a natural person and who has received
14-21 three or more 10-day notices to quit for failure to pay rent in the
14-22 preceding 12-month period may have his tenancy terminated by
14-23 the landlord for habitual failure to pay timely rent.
14-24 Sec. 14. NRS 40.251 is hereby amended to read as follows:
14-25 40.251 1. A tenant of real property, a recreational vehicle or a
14-26 mobile home for a term less than life is guilty of an unlawful
14-27 detainer when having leased:
14-28 [1.] (a) Real property, except as otherwise provided in this
14-29 section, or a mobile home for an indefinite time, with monthly or
14-30 other periodic rent reserved, he continues in possession thereof, in
14-31 person or by subtenant, without the landlord’s consent after the
14-32 expiration of a notice of:
14-33 [(a)] (1) For tenancies from week to week, at least 7 days;
14-34 [(b) For]
14-35 (2) Except as otherwise provided in subsection 2, for all
14-36 other periodic tenancies, at least 30 days; or
14-37 [(c)] (3) For tenancies at will, at least 5 days.
14-38 [2.] (b) A dwelling unit subject to the provisions of chapter
14-39 118A of NRS, he continues in possession, in person or by subtenant,
14-40 without the landlord’s consent after expiration of:
14-41 [(a)] (1) The term of the rental agreement or its termination and,
14-42 except as otherwise provided in [paragraph (b),] subparagraph (2),
14-43 the expiration of a notice of [at] :
14-44 (I) At least 7 days for tenancies from week to week ; and
15-1 (II) Except as otherwise provided in subsection 2, at
15-2 least 30 days for all other periodic tenancies; or
15-3 [(b)] (2) A notice of at least 5 days where the tenant has failed
15-4 to perform his basic or contractual obligations under chapter 118A
15-5 of NRS.
15-6 [3.] (c) A mobile home lot subject to the provisions of chapter
15-7 118B of NRS, or a lot for a recreational vehicle in an area of a
15-8 mobile home park other than an area designated as a recreational
15-9 vehicle lot pursuant to the provisions of subsection 6 of NRS
15-10 40.215, he continues in possession, in person or by subtenant,
15-11 without the landlord’s consent [, after] :
15-12 (1) After notice has been given pursuant to NRS 118B.115,
15-13 118B.170 or 118B.190 and the period of the notice has expired[.
15-14 4. ] ; or
15-15 (2) If the person is not a natural person and has received
15-16 three notices for nonpayment of rent within a 12-month period,
15-17 immediately upon failure to pay timely rent.
15-18 (d) A recreational vehicle lot, he continues in possession, in
15-19 person or by subtenant, without the landlord’s consent, after the
15-20 expiration of a notice of at least 5 days.
15-21 2. Except as otherwise provided in this section, if a tenant
15-22 with a periodic tenancy pursuant to paragraph (a) or (b) of
15-23 subsection 1, other than a tenancy from week to week, is 60 years
15-24 of age or older or has a physical or mental disability, the tenant
15-25 may request to be allowed to continue in possession for an
15-26 additional 30 days beyond the time specified in subsection 1 by
15-27 submitting a written request for an extended period and providing
15-28 proof of his age or disability. A landlord may not be required to
15-29 allow a tenant to continue in possession if a shorter notice is
15-30 provided pursuant to subparagraph (2) of paragraph (b) of
15-31 subsection 1.
15-32 3. Any notice provided pursuant to paragraph (a) or (b) of
15-33 subsection 1 must include a statement advising the tenant of the
15-34 provisions of subsection 2.
15-35 4. If a landlord rejects a request to allow a tenant to continue
15-36 in possession for an additional 30 days pursuant to subsection 2,
15-37 the tenant may petition the court for an order to continue in
15-38 possession for the additional 30 days. If the tenant submits proof
15-39 to the court that he is entitled to request such an extension, the
15-40 court may grant the petition and enter an order allowing the
15-41 tenant to continue in possession for the additional 30 days. If
15-42 the court denies the petition, the tenant must be allowed to
15-43 continue in possession for 5 calendar days following the date of
15-44 entry of the order denying the petition.
16-1 Sec. 15. This act becomes effective on July 1, 2003.
16-2 H