Assembly Bill No. 195

Assembly Bill No. 195-Assemblymen Ohrenschall, Buckley, Bache, Perkins, Manendo, Close, Price, Arberry, Goldwater, Freeman, Chowning, Giunchigliani, Krenzer, Sandoval and Segerblom

February 20, 1997
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Referred to Committee on Judiciary

SUMMARY--Revises provisions governing enforcement of liens for unpaid rent against certain registered owners of recreational vehicles, mobile homes or manufactured homes. (BDR 9-14)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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

AN ACT relating to statutory liens; revising the provisions governing the enforcement of liens for unpaid rent against certain registered owners of recreational vehicles, mobile homes or manufactured homes; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1. NRS 108.315 is hereby amended to read as follows:
108.315 1. Any landlord who desires to enforce a lien for unpaid rent or rent and utilities [under] pursuant to the provisions of NRS 108.270 to 108.360, inclusive, must within 15 days after the rent is 30 days past due, make a demand in writing upon the registered owner of the recreational vehicle, mobile home or manufactured home, for the amount due, stating that a lien is claimed on the recreational vehicle, mobile home or manufactured home. A copy of the demand must be sent to every holder of a security interest in the recreational vehicle, mobile home or manufactured home and every person who is listed in the records of the manufactured housing division of the department of business and industry as holding an ownership or other interest in, and every tenant or subtenant of, the recreational vehicle, mobile home or manufactured home, and to the:
(a) Manufactured housing division of the department of business and industry, with regard to mobile homes and manufactured homes; or
(b) Registration division of the department of motor vehicles and public safety, with regard to recreational vehicles,
by [registered or] certified mail.
2. To obtain the name and address of a holder of a security interest or a person who is listed in the records of the manufactured housing division of the department of business and industry as holding an ownership or other interest in the recreational vehicle, mobile home or manufactured home, the landlord shall, before making the demand for payment, request that information from the:
(a) Manufactured housing division of the department of business and industry, with regard to mobile homes, manufactured homes [,] and commercial coaches as defined in chapter 489 of NRS; or
(b) Department of motor vehicles and public safety, with regard to all other vehicles,
and the state agency shall supply that information from its records. If the recreational vehicle, mobile home or manufactured home is registered in another state, territory or country, the landlord shall, before making the demand for payment, obtain the information from the appropriate agency of that state, territory or country.
3. A landlord who enforces a lien for unpaid rent may recover an amount equal to:
(a) The amount of the unpaid rent;
(b) The cost of any advertising and notices required pursuant to NRS 108.270 to 108.360, inclusive;
(c) The cost and fees ordered by a court in any action contesting the validity of a lien; and
(d) The cost of a sale, if a sale by auction is made pursuant to the provisions of NRS 108.310.
4. No recreational vehicle, mobile home or manufactured home may be sold for delinquent rent or rent and utilities until 4 months have elapsed after the first default in payment, and a notice of lien has been served pursuant to subsection 1. In addition, if the tenant or subtenant of the recreational vehicle, mobile home or manufactured home is 65 years of age or older, the vehicle or home may not be sold unless a notice of the lien is served at the same time and in the same manner upon the aging services division of the department of human resources. The landlord shall, for this purpose, make reasonable inquiries of the tenant or subtenant to determine whether the tenant or subtenant is 65 years of age or older.
5. At least 10 days but not more than 30 days before a sale, a written notice of sale by auction must be sent to the registered owner and tenant or subtenant and to every holder of a security interest and every person who is listed in the records of the manufactured housing divisions of the department of business and industry as holding an ownership or other interest in the recreational vehicle, mobile home or manufactured home by registered or certified mail stating that a sale by auction of the recreational vehicle, mobile home or manufactured home is to be made pursuant to the provisions of NRS 108.310. The written notice of sale by auction must include the time and location of the sale, the amount necessary to satisfy the lien and a description of the legal proceeding available to contest the lien pursuant to NRS 108.350 and 108.355.