Save Your Home: Mobile Home Evictions in Nevada
In the state of Nevada, the relationship between landlords and tenants who live in a mobile home park is governed by Chapter 118B of the Nevada Revised Statutes.
The Nevada agency is going to oversee ensuring that mobile homeowners and their occupants are protected under the Nevada Manufactured Housing Division. The Nevada Housing Division is responsible for the following:
- Titles of mobile homes
- Inspecting mobile homes
- Licenses of the mobile home parks
- Licenses of managers of the mobile home parks
- Investigates complaints made against the mobile homeowners and/or managers
But for today, we are going to dive deeper into mobile home park evictions, and what you as a mobile homeowner duties and rights are.
When Do You Apply Chapter 118B to Mobile Home Tenants and Landlords?
This is a very good question. You will typically apply Chapter 118B when the following happens:
- When there are more than two mobile homes rented
- Over half the park is rented for more than one night
- Over half the park is rented for longer than 3 months
- Mobile homes are for permanent residences and not vacation residences
When Do You NOT Apply Chapter 118B to Mobile Home Tenants and Landlords?
Now, that we have gone over when you should apply Chapter 118B to mobile home tenants and landlords, let’s talk about when Chapter 118B will NOT be applied. The Chapter 118B will not be applied in the following situations:
- If the mobile home park is under the public housing authority operation
- A lot is rented less than three months
- Mobile home park is for recreational purposes and not permanent residences
How to Evict a Mobile Home from My Land
If you are a mobile homeowner who currently rents a space but owns their own mobile home in a park where Chapter 118B applies, your landlord will be required to go through the formal eviction process.
If you are curious what the formal eviction process is, it is going to be the same way you would evict someone who is living in an apartment. You will need to go through the courts, file your motions, get a hearing, and have the judge decide with you on the case.
However, if you do not own your mobile home and you are renting a space in the mobile home park, then the landlord will have to use the summary eviction process to evict you.
If you are curious about the summary eviction process, it is where your landlord will serve you, the tenant with two eviction notices. When you receive this notice, you will have the choice to leave the mobile home or you can file an affidavit with the court of Nevada to dispute this motion.
If you decide to file an affidavit, then the landlord will get to file a complaint within the Nevada court to evict you. This will lead to having a hearing in which the final decision will be made.
Where Can I Find Self-Help Forms for My Mobile Home Eviction?
Of course, you want to do everything yourself, including filling out forms and getting the ball rolling. You should know that you can find all the instructions and forms you will need on formal mobile home evictions located on the Nevada Supreme Court Law Library official website.
If you need the forms for a summary mobile home evictions, you can find them on the Self-Help Center official website.
Will My Landlord Need a Reason to Evict Me from the Mobile Home Park?
Your landlord will certainly need to have a reason to evict you from your mobile home park. They cannot evict you for no reason. That would be illegal.
Your landlord will need a reason such as the following:
- Failure to pay rent
- Violating the rules of conduct
- Non-compliance with rule or law of the park
In most cases, the landlord will be required to give you time to fix the violation. If you fail to fix the violation, the landlord is then permitted to give you your termination notice.
The amount of time a landlord will give you will all depend on why the landlord is terminating residency with you.
However, in the termination notice that the landlord sent, the landlord will be required to give you the reason why you are being terminated along with the places, dates, and times of the violations.
By Law How Much Time is a Landlord Supposed to Give During Mobile Home Evictions?
As we mentioned above the landlord will have to give you a variable amount of time depending on why he or she is terminating residency with you. Here we are going to discuss the amount of time for each reason why he or she would be terminating your residency
- Failure to pay your rent will consist of a ten-day notice.
- Failure to comply with ordinances, laws, and governmental regulation will consist of a forty-five-day notice.
- Being a nuisance will consist of a forty-five-day notice.
- Failure to comply with the code of conduct, use of park facilities, and occupancy will consist of a forty-five-day notice.
- Changes in the usage of land will consist of a 180-day notice
- Failure to abide by local ordinances and state laws will consist of a five-day notice.
- Failure to meet all income and age qualifications will consist of a forty-five-day notice.
What are the Duties and Rights of Mobile Home Tenants and Landlords?
We previously mentioned that Chapter 118B outlines the duties and rights when it comes to mobile home park tenancies and mobile home parks in general. This is where tenants and landlords both can come to educate themselves on what is to be expected of them.
But for your benefit, we are going to display some of these duties and responsibilities below:
- Your landlord is required to give you at least a 90-day notice, if they are going to raise your rent.
- Mobile home park landlord is responsible for maintaining the trees, removing the snow, and keep the common areas safe and clean.
- Mobile home park landlord will be solely responsible for any and all abandoned and unoccupied lots.
- Tenants will be solely responsible for their lot that they rent. But this will also be dependent on what your lease says that you signed with your landlord.
- Tenants can withhold rent, if the mobile home is unfit to stay in for over 48 hours.
- Mobile home park landlord will be required to lessen the rent if they take away an amenity, service or utility.
- Mobile home park landlord cannot turn off any of the tenant’s utilities.
Is It Legal for My Landlord to Put a Lien on My Mobile Home?
Yes, a landlord can put a lien on your mobile home if you failed to pay your rent or failed to pay your utilities. However, the landlord’s lien cannot be more than $2,000 or the amount that is overdue, whichever option is the least expensive.
As a landlord, they will be required to place this lien within 15 days after the utilities or rent is 30 days past due. So, in simpler terms, the landlord will put a lien on your mobile home within 30 to 45 days after your utilities and/or rent is due.
If you fail to pay the lean, the landlord will have the option to sell your mobile home to pay the lien themselves.
What you should know is that they cannot sell your mobile home until four months have passed, so you will have some time to pay off the lien before they can legally sell your mobile home.