This article discusses the eviction process for a mobile home park against an owner of a mobile home under Nevada law.  In the State of Nevada, an owner of a mobile home who rents space from a mobile home park must be evicted by using the formal eviction procedure outlined in Chapter 118B of the Nevada Revised Statutes, as opposed to the summary eviction process. Here’s a synopsis of what that process entails. 

Which Homes are Covered by Nevada’s Mobile Home Park Law?

Chapter 118B generally applies to mobile home parks when:

• Two or more mobile homes are rented for manufactured homes or recreational vehicles for three months or more; 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.)

The Initial Notice

The formal eviction process requires service of a formal Notice to start the eviction case. The landlord must allow the notice time period to expire before proceeding with a lawsuit in court. The allowable reasons for eviction and the time frame for notices are contained in NRS 118B.190 – 118B.200   They are as follows:

• Failure to pay rent, utility changes or reasonable service fees within 10 days after notice;
•  Failure to correct any violation of law, ordinance or governmental regulation pertaining to manufactured homes, or of NRS 118B.100, or failure to cure a violation of the rental agreement after reasonable written notice of at least 45 days;
• Conduct of the tenant in the manufactured home park which constitutes an annoyance to the other tenants;
• Violation of valid rules of conduct, occupancy or use of park facilities after at least 45 day written notice of the violation;
•  A park closure or change of use of the land NRS 118B.180 upon 6 months notice;
• Conduct which constitutes a nuisance as defined in NRS 40.140 or which violates a state law or local ordinance, upon 5 days notice,
• Conduct which constitutes a nuisance in one of the following categories, upon 3 days notice
  • Discharge of a weapon;
  • Prostitution;
  • Illegal drug manufacture or use;
  • Child molestation or abuse;
  •  Elder molestation or abuse;
  • Property damage as a result of vandalism; and
  • Operating a motor vehicle while under the influence of alcohol or any other controlled substance.

The notice must describe the basis for the eviction.  If the issue is resolved, within the time period of the notice, the landlord cannot proceed with eviction.

The notice must be served by a licensed process server, Constable or Sheriff, or the agent of the mobile home park’s attorney. NRS 40.280. The notice must be first served personally on the tenant or left with someone of suitable age and discretion at the home, or if no one is home, posted in a conspicuous place and mailed to the tenant.

The Summons & Complaint

The next step in the eviction process involves filing and service of the Summons & Complaint in the Nevada court having jurisdiction over the lawsuit.  The Complaint must be served on the mobile home owner personally – which generally means handed to him or her by a process server, sheriff or constable. JCRCP 4.

The tenant has the right to file an Answer with the court and a hearing will be held before an eviction can be ordered. An Answer responds to the allegations in the Complaint and asserts any affirmative defenses that may exist.  Typically, the tenant has 20 days to file an Answer, but the landlord can request an order shortening that time period. 

Specifically, the Answer states whether the tenant admits or denies each allegation of the complaint, or whether the tenant lacks sufficient information to properly respond, which acts as a denial of the allegations. An affirmative defense is essentially an excuse for the conduct at issue and may raise additional facts or circumstances that mitigate the damages alleged in the complaint. For example, affirmative defenses may include (without limitation) partial payment or acceptance of the rent, refusal of the rent, that the lease violation has been cured or the nuisance abated, or that the landlord waived the right to evict the tenant.

Pre-Trial and Trial Procedures

After an Answer has been filed the judge typically schedules a hearing to decide whether a Temporary Writ of Restitution should be granted. NRS 40.300. A Temporary Writ of Restitution gives the landlord possession of the mobile home while the eviction action is still pending and before the trial is scheduled. The hearing on a temporary writ cannot be set sooner than 11 days after service of the Complaint.

Either side can request discovery in a formal eviction proceeding and will need to seek permission from the court to set a discovery schedule. Discovery is the procedure where parties to a lawsuit exchange information and documents in an effort to “discover” facts relevant to the case and identify potential witnesses and evidence.

The trial can be scheduled 21 days after service of the Complaint.  The trial is the time for each side to inform the court of their side of the story through witnesses and evidence. The judge will decide whether the landlord has presented enough evidence to make it ‘more likely than not’ that the landlord’s version of the facts is true, and whether those facts are enough to justify evicting the tenant. If the judge decides in the landlord’s favor, he or she will issue an order directing the sheriff or constable to evict the tenant.

Please contact Lynx Legal at 888-441-2355 or [email protected] with any questions regarding the above, or if you are ready to start a case. Our experienced professionals are standing by to assist in any way we can.