AB498_EN

Assembly Bill No. 498–Committee on Commerce and Labor

CHAPTER..........

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:

Section 1. Chapter 118B of NRS is hereby amended by adding

thereto a new section to read as follows:

1. The landlord of a manufactured home park shall post in a

conspicuous and readily accessible place in the community or

recreational facility in the manufactured home park, at or near

the entrance of the manufactured home park or in another

common area in the manufactured home park, a legible and

typewritten sign that contains the following contact information

regarding the Division in substantially the following form:

TENANTS OF MANUFACTURED HOME PARKS ARE

ENTITLED TO CERTAIN RIGHTS UNDER NEVADA

REVISED STATUTES

To obtain information regarding your rights as a tenant

under Nevada Revised Statutes, you may contact the

Manufactured Housing Division of the Department of

Business and Industry as follows:

SOUTHERN NEVADA:

(The address of the Division in Southern Nevada)

(The local telephone number of the Division in Southern

Nevada)

NORTHERN NEVADA:

(The address of the Division in Northern Nevada)

(The local telephone number of the Division in Northern

Nevada)

INTERNET:

(The Internet address of the Division)

2. The Division shall notify each landlord if any of the

contact information regarding the Division changes. Not later

than 30 days after receiving such a notice from the Division, the

landlord shall replace the existing sign with a new sign that

contains the new contact information regarding the Division.

Sec. 2. NRS 118B.040 is hereby amended to read as follows:

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

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

the rules and regulations of the manufactured home park and

other residency documents. Upon receiving such a request, the

landlord shall allow the approved applicant to review the

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

prevent the landlord from accepting another tenant for the space

or residency while the 72 hours is pending.

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

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

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

time the tenant signs it.

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

limited to, provisions relating to:

(a) The duration of the agreement.

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

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

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

responsibility of maintaining or paying for them, including the

charge, if any, for cleaning the lots.

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

refund.

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

appurtenances he is required to provide.

(g) The name and address of the owner of the manufactured

home park and his authorized agent.

(h) Any restrictions on subletting.

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

tenant and any deposits or fees required for their use.

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

federal law.

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

(l) A summary of the provisions of NRS 202.470.

(m) Information regarding the procedure pursuant to which a

tenant may report to the appropriate authorities:

(1) A nuisance.

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

regulation.

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

reimburse the landlord for the cost of a capital improvement to the

manufactured home park. Such an amount must be stated separately

and include the length of time the charge will be collected and the

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

manufactured home park.

Sec. 3. NRS 118B.060 is hereby amended to read as follows:

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

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

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

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

provisions of this section.

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

3. Except as otherwise provided in subsection 4:

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

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

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

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

are reasonably necessary to remedy tenant defaults in the payment

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

park caused by the tenant. The landlord shall provide the tenant with

an itemized written accounting of the disposition of the deposit.

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

the tenancy is terminated.

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

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

the landlord receives the deposit or upon the termination of the

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

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

required by this subsection, compounded annually, for the entire

period during which the deposit was held by the landlord. For the

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

the average of the prevailing rates of interest for deposits, as

determined by the Administrator.

5. Upon termination of the landlord’s interest in the

manufactured home park, the landlord shall transfer to his successor

in interest that portion of the deposit remaining after making any

deductions allowed pursuant to this section or refund that portion to

the tenant.

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

deposit remaining to the successor in interest or refund it to

the tenant at the time the successor in interest takes possession, the

successor becomes jointly and severally liable with the former

landlord for refunding to the tenant that portion of the deposit to

which he is entitled.

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

the tenant may not be required to pay another deposit until the

successor in interest refunds the deposit to the tenant or provides

him with an itemized written accounting of the statutorily authorized

disposition of the deposit.

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

by law takes precedence over the claim of any creditor of the

landlord.

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

cooperative park.

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

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

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

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

comply with the requirements of the local ordinances relating to that

placement, the landlord shall pay the cost to ensure compliance with

those requirements.

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

manufactured home which is new to the manufactured home park

into the manufactured home park that the provisions of NRS

489.311 require that only persons licensed by the State of Nevada

as manufactured home installers are legally permitted to set up

and install a manufactured home. Before the tenant may bring

such a manufactured home into the manufactured home park, the

tenant must provide to the landlord a copy of the license issued

pursuant to NRS 489.311 to the person who will be installing the

manufactured home.

Sec. 5. NRS 118B.070 is hereby amended to read as follows:

118B.070 1. The landlord shall provide:

[1.] (a) Each new tenant with a copy of the current text of the

provisions of this chapter with the rental agreement at the time the

tenant signs the agreement.

[2.] (b) Each tenant with a copy of each provision of this

chapter which is added, amended or repealed within 90 days after

the provisions become effective.

2. When the landlord provides a tenant with a copy of any of

the provisions of this chapter pursuant to subsection 1, the copy

must contain a legible and typewritten statement that contains the

following contact information regarding the Division in

substantially the following form:

TENANTS OF MANUFACTURED HOME PARKS ARE

ENTITLED TO CERTAIN RIGHTS UNDER NEVADA

REVISED STATUTES

To obtain information regarding your rights as a tenant

under Nevada Revised Statutes, you may contact the

Manufactured Housing Division of the Department of

Business and Industry as follows:

SOUTHERN NEVADA:

(The address of the Division in Southern Nevada)

(The local telephone number of the Division in Southern

Nevada)

NORTHERN NEVADA:

(The address of the Division in Northern Nevada)

(The local telephone number of the Division in Northern

Nevada)

INTERNET:

(The Internet address of the Division)

Sec. 6. NRS 118B.080 is hereby amended to read as follows:

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

tenant the:

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

manager or assistant manager of the manufactured home park; and

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

of process for the landlord,

and any change thereof.

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

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

existing tenant.

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

hours or landlord’s availability at the park location.

Sec. 7. NRS 118B.086 is hereby amended to read as follows:

118B.086 1. Each manager and assistant manager of a

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

complete annually 6 hours of continuing education relating to the

management of a manufactured home park.

2. The Administrator shall adopt regulations specifying the

areas of instruction for the continuing education required by

subsection 1.

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

information relating to:

(a) The provisions of chapter 118B of NRS;

(b) Leases and rental agreements;

40.425, inclusive;

(d) The resolution of complaints and disputes concerning

landlords and tenants of manufactured home parks; and

(e) The adoption and enforcement of the rules and regulations of

a manufactured home park.

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

must be approved by the Administrator. The Administrator shall

adopt regulations setting forth the procedure for applying for

approval of an instructor and course of instruction. The

Administrator may require submission of such reasonable

information by an applicant as he deems necessary to determine the

suitability of the instructor and the course. The Administrator shall

not approve a course if the fee charged for the course is not

reasonable. Upon approval, the Administrator shall designate the

number of hours of credit allowable for the course.

Sec. 8. NRS 118B.087 is hereby amended to read as follows:

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

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

region is the northern region consisting of the counties of Washoe,

Storey, Douglas, Lyon, Churchill, Pershing, Humboldt, Lander,

Elko, Eureka, Mineral, White Pine and Carson City, and one region

is the southern region consisting of the counties of Lincoln, Nye,

Esmeralda and Clark.

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

designee shall notify the Administrator of the date and location each

time the course is offered, as soon as practicable after scheduling the

course.

3. The Administrator shall ensure that a course of continuing

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

Administrator finds that no approved course will be offered to meet

the requirements of this subsection, he shall offer the course and

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

4. If the fees collected by the Administrator for the course do

not cover the cost of offering the course, the Administrator shall

determine the difference between the fees collected and the cost of

offering the course, divide that amount by the number of

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

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

landlord of such a manufactured home park. The landlord shall pay

the assessment within 30 days after it was mailed by the

Administrator.

Sec. 9. NRS 118B.150 is hereby amended to read as follows:

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

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

(a) Increase rent or additional charges unless:

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

charged for manufactured homes of the same size or lots of the same

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

limitation, manufactured homes and lots which are held pursuant to

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

persons who:

(I) Are handicapped;

(II) Are 55 years of age or older;

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

specified in the rental agreement or lease the period of tenancy

required to qualify for such a discount;

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

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

means;

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

the same amount for each tenant using the special service; and

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

received by the tenant 90 days before the first payment to be

increased and written notice of the increase is given to prospective

tenants before commencement of their tenancy. In addition to the

notice provided to a tenant pursuant to this subparagraph, if the

landlord or his agent or employee knows or reasonably should know

that the tenant receives assistance from the Fund created pursuant to

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

to the Administrator written notice of the increase 90 days before

the first payment to be increased.

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

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

make the improvement pursuant to an ordinance of a local

government.

manufactured home park unless the tenant has notice of the

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

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

tenant enters into the rental agreement unless the tenant consents to

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

writing. The landlord may not establish such a requirement unless a

meeting of the tenants is held to discuss the proposal and the

landlord provides each tenant with notice of the proposal and

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

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

notice in a periodic publication of the park does not constitute notice

for the purposes of this paragraph.

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

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

change to which he is entitled to the next periodic payment that is

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

amount of money available to provide change to such a tenant.

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

the park’s community or recreational facility by the tenants or

occupants of any manufactured home or recreational vehicle in the

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

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

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

distribution of notices of those meetings.

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

service furnished the tenant except for nonpayment of utility charges

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

tenant for actual damages.

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

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

and legal holidays excluded, and if the park is a secured park, a

guest may be required to register upon entering and leaving.

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

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

manufactured home lot who is living alone may allow one other

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

fee, unless such a living arrangement constitutes a violation of

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

alters or varies the terms of the rental contract between the tenant

and the landlord, and the guest is subject to the rules and regulations

of the landlord.

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

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

established by the landlord, including limitations established for the

height of fences, the materials used for fences and the manner in

which fences are to be constructed.

(k) Prohibit any tenant from soliciting membership in any

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

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

request for membership or the payment of dues or to distribute,

circulate or post a notice for payment of those dues.

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

representative of a public officer or candidate for public office from

walking through the park to talk with the tenants or distribute

political material.

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

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

on the lot or dispose of the trimmings unless a danger or hazard

exists.

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

tenant who wants to use the manufactured home park’s

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

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

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

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

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

the use, refund any unused portion of the deposit to the tenant

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

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

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

subsection 1 do not apply to a corporate cooperative park.

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

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

Sec. 10. NRS 118B.177 is hereby amended to read as follows:

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

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

accordance with the choice of the tenant.

2. If the tenant chooses to move the manufactured home, the

landlord shall pay to the tenant:

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

appurtenances to a new location within 50 miles from the

manufactured home park; or

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

manufactured home park, the cost of moving the manufactured

home for the first 50 miles,

including fees for inspection, any deposits for connecting utilities,

and the cost of taking down, moving, setting up and leveling the

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

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

home, the manufactured home cannot be moved without being

structurally damaged, or there is no manufactured home park

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

the landlord:

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

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

manufactured home less the reasonable cost of removing and

disposing of the manufactured home.

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

in the manner provided in NRS 40.280, giving the tenant at least

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

his manufactured home from the lot.

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

manufactured home and the reasonable cost of removing and

disposing of a manufactured home must be determined by:

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

agreed upon by the landlord and tenant; or

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

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

who is selected for this purpose by the Division.

Sec. 11. NRS 118B.183 is hereby amended to read as follows:

118B.183 1. A landlord may convert an existing

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

approved by the appropriate local zoning board, planning

commission or governing body, and:

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

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

local zoning board, planning commission or governing body;

(b) The landlord pays [:

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

its appurtenances to a new location within 50 miles from the

manufactured home park; or

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

manufactured home park, the cost of moving the manufactured

home for the first 50 miles,

including fees for inspection, any deposits for connecting utilities

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

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

the amount described in subsection 2 or 3, in accordance with the

choice of the tenant; and

the appropriate local zoning board, planning commission or

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

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

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

manufactured home from the lot.

2. If the tenant chooses to move the manufactured home, the

landlord shall pay to the tenant:

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

its appurtenances to a new location within 50 miles from the

manufactured home park; or

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

manufactured home park, the cost of moving the manufactured

home for the first 50 miles,

including fees for inspection, any deposits for connecting utilities

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

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

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

the manufactured home cannot be moved without being

structurally damaged, or there is no manufactured home park

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

the landlord:

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

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

manufactured home less the reasonable cost of removing and

disposing of the manufactured home.

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

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

affecting the manufactured home park.

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

of a manufactured home and the reasonable cost of removing and

disposing of a manufactured home must be determined by:

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

agreed upon by the landlord and tenant; or

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

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

who is selected for this purpose by the Division.

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

cooperative park.

Sec. 12. NRS 118B.190 is hereby amended to read as follows:

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

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

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

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

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

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

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

the tenant served in the manner provided in NRS 40.280:

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

days in advance if the termination is because the conduct of the

tenant constitutes a nuisance as [described in subsection 6 of

NRS 118B.200.

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

ordinance.

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

of restitution pursuant to NRS 40.300 on the grounds that a

nuisance as defined in NRS 40.140 has occurred in the park by

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

tenant’s household consisting of any of the following specific

activities:

(1) Discharge of a weapon.

(2) Prostitution.

(3) Illegal drug manufacture or use.

(4) Child molestation or abuse.

(5) Property damage as a result of vandalism.

(6) Operating a vehicle while under the influence of

alcohol or any other controlled substance.

(7) Elder molestation or abuse.

advance if the termination is because of failure of the tenant to pay

rent, utility charges or reasonable service fees.

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

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

pursuant to NRS 118B.180.

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

other reason.

2. The landlord shall specify in the notice the reason for the

termination of the agreement. The reason relied upon for the

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

place and circumstances concerning the reason for the termination

can be determined. The termination must be in accordance with the

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

that section does not constitute sufficient specificity pursuant to this

subsection.

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

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

emergency, the landlord shall not enter the manufactured home of

the tenant served with such a notice without the tenant’s permission

or a court order allowing the entry.

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

lot after expiration of the term of the rental agreement, the tenancy

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

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

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

were contained in the rental agreement unless specifically agreed

otherwise in writing.

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

termination of the agreement. If any provision of this chapter

specifies a period of notice which is longer than the period of a

particular tenancy, the required length of the period of notice is

controlling.

6. Notwithstanding any provision of NRS 40.215 to 40.425,

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

three notices for nonpayment of rent in accordance with

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

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

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

service fees.

Sec. 13. NRS 118B.200 is hereby amended to read as follows:

118B.200 1. Notwithstanding the expiration of a period of a

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

be terminated except for:

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

reasonable service fees within 10 days after written notice of

delinquency served upon the tenant in the manner provided in

NRS 40.280;

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

a law, ordinance or governmental regulation pertaining to

manufactured homes or recreational vehicles or a valid rule or

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

violation of the rental agreement within a reasonable time after

receiving written notification of noncompliance or violation;

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

which constitutes an annoyance to other tenants;

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

park facilities after written notice of the violation is served upon the

tenant in the manner provided in NRS 40.280;

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

to NRS 118B.180;

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

defined in NRS 40.140 or which violates a state law or local

ordinance[; or

7.] , specifically including, without limitation:

(1) Discharge of a weapon;

(2) Prostitution;

(3) Illegal drug manufacture or use;

(4) Child molestation or abuse;

(5) Elder molestation or abuse;

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

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

alcohol or any other controlled substance; or

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

organization or housing authority, failure of the tenant to meet

qualifications relating to age or income which:

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

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

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

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

preceding 12-month period may have his tenancy terminated by

the landlord for habitual failure to pay timely rent.

Sec. 14. NRS 40.251 is hereby amended to read as follows:

40.251 1. A tenant of real property, a recreational vehicle or a

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

detainer when having leased:

[1.] (a) Real property, except as otherwise provided in this

section, or a mobile home for an indefinite time, with monthly or

other periodic rent reserved, he continues in possession thereof, in

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

expiration of a notice of:

[(a)] (1) For tenancies from week to week, at least 7 days;

[(b) For]

(2) Except as otherwise provided in subsection 2, for all

other periodic tenancies, at least 30 days; or

[(c)] (3) For tenancies at will, at least 5 days.

[2.] (b) A dwelling unit subject to the provisions of chapter

118A of NRS, he continues in possession, in person or by subtenant,

without the landlord’s consent after expiration of:

[(a)] (1) The term of the rental agreement or its termination and,

except as otherwise provided in [paragraph (b),] subparagraph (2),

the expiration of a notice of [at] :

(I) At least 7 days for tenancies from week to week ; and

(II) Except as otherwise provided in subsection 2, at

least 30 days for all other periodic tenancies; or

[(b)] (2) A notice of at least 5 days where the tenant has failed

to perform his basic or contractual obligations under chapter 118A

of NRS.

[3.] (c) A mobile home lot subject to the provisions of chapter

118B of NRS, or a lot for a recreational vehicle in an area of a

mobile home park other than an area designated as a recreational

vehicle lot pursuant to the provisions of subsection 6 of NRS

40.215, he continues in possession, in person or by subtenant,

without the landlord’s consent [, after] :

(1) After notice has been given pursuant to NRS 118B.115,

118B.170 or 118B.190 and the period of the notice has expired[.

4. ] ; or

(2) If the person is not a natural person and has received

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

immediately upon failure to pay timely rent.

(d) A recreational vehicle lot, he continues in possession, in

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

expiration of a notice of at least 5 days.

2. Except as otherwise provided in this section, if a tenant

with a periodic tenancy pursuant to paragraph (a) or (b) of

subsection 1, other than a tenancy from week to week, is 60 years

of age or older or has a physical or mental disability, the tenant

may request to be allowed to continue in possession for an

additional 30 days beyond the time specified in subsection 1 by

submitting a written request for an extended period and providing

proof of his age or disability. A landlord may not be required to

allow a tenant to continue in possession if a shorter notice is

provided pursuant to subparagraph (2) of paragraph (b) of

subsection 1.

3. Any notice provided pursuant to paragraph (a) or (b) of

subsection 1 must include a statement advising the tenant of the

provisions of subsection 2.

4. If a landlord rejects a request to allow a tenant to continue

in possession for an additional 30 days pursuant to subsection 2,

the tenant may petition the court for an order to continue in

possession for the additional 30 days. If the tenant submits proof

to the court that he is entitled to request such an extension, the

court may grant the petition and enter an order allowing the

tenant to continue in possession for the additional 30 days. If

the court denies the petition, the tenant must be allowed to

continue in possession for 5 calendar days following the date of

entry of the order denying the petition.

Sec. 15. This act becomes effective on July 1, 2003.

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