Tenants filing Answers/Affidavits for eviction notices in Las Vegas can file online from www.lacsn.org/efile by choosing ''SUMMARY EVICTION: Tenant's Answer.'' For eviction prevention tips, click here. For a list of current rental assistance programs, click here.

Close
 

Mobile Homes

Overview

The relationship between mobile home park owners and managers (landlords) and the people who rent space in those parks for their mobile homes or RVs (tenants) is generally governed by Chapter 118B of the Nevada Revised Statutes.

The state agency in charge of protecting mobile home owners and occupants is the Nevada Manufactured Housing Division.  The Manufactured Housing Division licenses mobile home parks and managers, titles and inspects mobile homes, and investigates complaints against mobile home park owners and managers.  To learn more, and for contact and complaint information, click to visit the Manufactured Housing Division of the Nevada Department of Business and Industry website.

On this page you will find information about mobile home park evictions and some of the rights and duties of mobile home park landlords and tenants.

Q&A - Mobile Homes


When does Chapter 118B apply to mobile home park landlords and tenants?

Chapter 118B generally applies to mobile home parks when:

  • Two or more mobile homes or lots (meaning spaces that are rented for manufactured homes or recreational vehicles for three months or more) are rented and
    • More than half of the lots are rented for longer than one night;
    • More than half of the RV lots are rented for longer than three months; or
    • Mobile homes are used for permanent residences and not for occasional or recreational use.

      (NRS 118B.016, 118B.017.)

Chapter 118B does not apply to:

  • Mobile home parks operated by a public housing authority;
  • Any lot in a mobile home park that is rented overnight or for less than three months;
  • Any RV located on a lot that is rented overnight or for less than three months; or
  • Any lot in a mobile home park (or a manufactured home on that lot) that is used occasionally for recreational purposes and not as a permanent residence.

    (NRS 118B.020.)

To evict a tenant in a mobile home park, must the landlord use the "summary" or "formal" eviction process?

When a mobile home owner rents a space or lot in a mobile home park governed by Chapter 118B, the landlord must use the "formal" eviction process to evict a tenant (meaning the mobile home owner who is renting space in the park).  (NRS 40.253(10).)  To learn more about the "formal" eviction process, click to read Overview of the Eviction Process and Choosing the summary or Formal Process.

CAUTION!  The eviction process does not apply in situations where a person is selling a mobile home to a buyer, and the buyer has failed to pay the note or mortgage.  That process is called "foreclosure."

In contrast, if the tenant does not own the mobile home but is renting the mobile home from the home's owner (even if the mobile home is in a park governed by Chapter 118B), the home's owner can use the "summary" eviction process to evict the tenant.  (NRS 40.253(1), 40.254.)  To learn more about the "summary" eviction process, click to read Overview of the Eviction Process, Choosing the summary or Formal Process, Filing a Summary Eviction, and Responding to an Eviction Notice.

Does the Self-Help Center have forms for mobile home evictions?

The Self-Help Center does not have forms for "formal" mobile home evictions.  But there are forms and instructions available on the Nevada Supreme Court Law Library website.

If a mobile home owner is renting the mobile home to a tenant (as opposed to a mobile home park renting a space), then the "summary" eviction forms available on the Self-Help Center website can be used.  Click to read Filing a Summary Eviction and Responding to an Eviction Notice.

Does a landlord need a good reason or grounds to terminate a mobile home park tenancy?

A mobile home park must have "grounds" to terminate a mobile home park tenancy.  Grounds include non-payment of rent, violation of rules of conduct, failure to correct non-compliance with a law or rule, annoyance, nuisance, and change in the use of the park.  In some cases, the landlord must give the tenant a notice to correct the violation.  If the tenant fails to correct, the landlords can give a termination notice.  How much time the landlord gives the tenant in the notice varies depending on the grounds the landlord is asserting.  The landlord's termination notice must be specific and give the tenant the dates, places, and circumstances that support the landlord grounds for terminating the tenancy.

What grounds can a landlord use to terminate a mobile home park tenancy, and how much time must the landlord give?

A landlord can use the following grounds to terminate a mobile home park tenancy:

  • Failure to pay space rent, utility charges, or reasonable service fees within ten days after written notice of delinquency.  (NRS 118B.200(1)(a).)
    --Requires a ten-day notice to tenant.  (NRS 118B.190(1)(c).)
  • Failure to correct any noncompliance with a law, ordinance or governmental regulation or a valid park rule or regulation “within a reasonable time” after receiving written notice. (NRS 118B.200(1)(b).)
    --
    Requires a forty-five-day notice to tenant.  (NRS 118B.190(1)(e).)
  • Conduct which constitutes an annoyance to other tenants.  (NRS 118B.200(1)(c).)
    --
    Requires a forty-five-day notice to tenant.  (NRS 118B.190(1)(e).)
  • Violation of valid rules of conduct, occupancy, or use of park facilities after written notice.  (NRS 118B.200(1)(d).)
    --Requires a forty-five-day notice to tenant.  (NRS 118B.190(1)(e).)
  • Change in the use of the land by the landlord pursuant to NRS 118B.180.  NRS 118B.200(1)(e).
    --Requires a 180-day notice to tenant.  (NRS 118B.190(1)(d).)
  • Conduct of the tenant which constitutes a nuisance or which violates a state law or local ordinance.  (NRS 118B.200(1)(f).)
    --Requires a five-day notice to tenant, NRS 118B.190(1)(a), except:
    --T
    enant can be evicted on a three-day notice if the nuisance consists of:
    • Discharge of a weapon,
    • Prostitution,
    • Illegal drug manufacture or use,
    • Child molestation or abuse,
    • Property damage as a result of vandalism,
    • Operating a vehicle while under the influence of alcohol or a controlled substance, or
    • Elder molestation or abuse.
  • Failure to meet age or income qualifications in a park owned by a nonprofit or a housing authority.  (NRS 118B.200(1)(g).)
    --Requires a forty-five-day notice to tenant.  (NRS 118B.190(1)(e).)

All notices to the tenant must be served as required by NRS 40.280.  (NRS 118B.190(1).)  For more information about how to serve notices, read the instructions included with the notices available on the Nevada Supreme Court Law Library website.

Are there other rights and duties of mobile home landlords and tenants?

Chapter 118B of the Nevada Revised Statutes contains a number of rights and duties relating to mobile home parks and mobile home park tenancies.  Landlords and tenants can educate themselves about those rights and duties by reading Chapter 118B, which can be found on the Manufactured Housing Division website or the Nevada Legislature website.

The following are just some of the rights and duties of mobile home landlords and tenants:

  • A landlord must give the tenant a written ninety-day notice of any rent increase.  (NRS 118B.150.)
  • A landlord is responsible for maintaining common areas, trimming trees, removing snow, and the like.  (NRS 118B.090.)
  • A landlord is responsible for unoccupied or abandoned lots.  (NRS 118B.120.)
  • The tenant is usually responsible for the tenant’s lot, but this depends on what the lease says.  (NRS 118B.120.)  If tenant is required to maintain the tenant's lot but does not, the landlord can maintain the lot and charge the tenant.  (NRS 118B.120(1)(b).)
  • The Tenant can withhold rent if the landlord has made the mobile home “unfit for occupancy for any period in excess of 48 hours.”  (NRS 118B.220(1).)  NRS 118B.220(3) says that "A manufactured home shall be deemed unfit for occupancy if essential services such as fuel, water, electricity or sewer services are not being adequately provided to the manufactured home."
  • A landlord must reduce the tenant's rent if the landlord eliminates any service, utility, or amenity, in proportion to the cost of the service.  (NRS 118B.153(1).)  The landlord cannot increase rent to recover the lost revenue.
  • A landlord shall not "Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due."  (NRS 118B.150(1)(g).)  A landlord who improperly interrupts a tenant's utilities may be liable to the tenant for actual damages.

Are there special rules if the mobile home park is being sold?

If the mobile home park is listed for sale, the landlord must provide notice to the tenants.  (NRS 118B.173.)  If the park is sold, the landlord must provide tenants with a 180-day notice before closing.  (NRS 118B.177.)

If a tenant wants his or her mobile home moved from the park that is sold, the landlord must pay the cost of moving the home and its appurtenances to a new location within 100 miles of the park, or pay for moving the first 100 miles if the new location is further.  (NRS 118B.177(3).)  The landlord must also pay fees for inspection, deposits for connecting utilities, and costs of taking down, moving, setting up and leveling the mobile home and appurtenances in new park.

If the tenant does not want the mobile home moved – or if the mobile home cannot be moved without structural damage, or there is no park within 100 miles that will accept the home – the landlord must pay the tenant the fair market value of the home.  (NRS 118B.177(5).)

Can a landlord put a lien on a mobile home and sell it?

A landlord can place a lien on a mobile home for space rent or unpaid utilities.  (NRS 108.270(1).)  The landlord’s lien may not exceed $2,000 or the total amount due, whichever is less.  The Landlord must place the lien on the home within fifteen days after the rent or utilities are thirty days past due.  In other words, the lien notice must be issued 30-45 days after the rent or utilities are due.  (NRS 108.315.)

If the lien is not paid, the landlord can sell the mobile home to pay the lien.  (NRS 108.310.)  No sale can happen until four months after the first default in payment and after the landlord has served a notice of lien.  (NRS 108.315(4).)  Landlord must serve a written notice of sale to tenant at least ten days (but not more than thirty days) before the sale.  (NRS 108.315(4).)

Can a tenant pay the lien to avoid the sale of the mobile home?

A tenant can satisfy the lien by paying the lien amount (including reasonable expenses and landlord's costs for serving notices and preparing for the sale) at any time before the mobile home is sold.  (NRS 108.320.)

If a tenant disagrees with the lien, can the tenant contest it through the court?

The tenant can file an opposition to the lien in the justice court for the township where the mobile home is located within five days after tenant receives the notice of sale.  (NRS 108.355(1).)  The justice court will hold a hearing on the tenant’s opposition on an expedited basis.  (NRS 108.355(2).)  After the sale, the tenant can still sue to contest the lien and recover damages.  (NRS 108.350.)

A form Notice of Opposition to Mobile Home Lien is available, free of charge, at the Self-Help Center.  You can also download the form on your computer by clicking one of the listed formats underneath the form's title below:

NOTICE OF OPPOSITION TO MOBILE HOME LIEN
Word Fillable | Pdf FillablePdf Nonfillable | Instructions 

Click to visit Basics of Court Forms and Filing for specific information about how to file in the justice court, or click to visit Justice Courts for links and contact information for your court.

To file the motion, the tenant must pay a $71 filing fee or file an Application to Proceed in Forma Pauperis (sometimes called a "fee waiver application").  Click to visit the Filing Fees and Waivers page for information and forms. 

TIP!  Different justice courts may have different filing requirements, so be sure to familiarize yourself with your court's procedures.  The Las Vegas Justice Court, for instance, requires all documents to be filed electronically, so anyone filing in that court needs an e-mail address to set up an electronic filing account.  To learn more about electronic filing, visit the Las Vegas Justice Court website.