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 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 or her 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 the tenant 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 the tenant with an itemized written accounting of the statutorily authorized disposition of the deposit.
8. The claim of the tenant to any deposit to which the tenant 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.
(Added to NRS by 1977, 1447; A 1979, 1873; 1987, 978; 1991, 2273; 2001, 1173, 1939; 2003, 2471)
Structure Nevada Revised Statutes
Chapter 118B - Landlord and Tenant: Manufactured Home Parks
NRS 118B.0105 - "Account" defined.
NRS 118B.011 - "Administrator" defined.
NRS 118B.0111 - "Appurtenance" defined.
NRS 118B.0113 - "Capital improvement" defined.
NRS 118B.0114 - "Certified appraiser" defined.
NRS 118B.0115 - "Change" defined.
NRS 118B.0117 - "Corporate cooperative park" defined.
NRS 118B.012 - "Division" defined.
NRS 118B.013 - "Federal worker" defined.
NRS 118B.0135 - "Household member" defined.
NRS 118B.014 - "Landlord" defined.
NRS 118B.0145 - "Manager" defined.
NRS 118B.015 - "Manufactured home" defined.
NRS 118B.016 - "Manufactured home lot" or "lot" defined.
NRS 118B.017 - "Manufactured home park" or "park" defined.
NRS 118B.018 - "Recreational vehicle" defined.
NRS 118B.0182 - "Shutdown" defined.
NRS 118B.0183 - "State worker" defined.
NRS 118B.0185 - "Tenant" defined.
NRS 118B.019 - "Terms of a rental agreement" defined.
NRS 118B.0193 - "Tribal worker" defined.
NRS 118B.0195 - "Utility" defined.
NRS 118B.024 - Duties and powers of Administrator.
NRS 118B.025 - Collection of economic and demographic data.
NRS 118B.026 - Investigations; remedies.
NRS 118B.028 - Enforcement of subpoena issued by Division.
NRS 118B.035 - Approval of landlord to be in writing.
NRS 118B.050 - Rental agreements: Void provisions.
NRS 118B.071 - Landlord to post sign containing contact information regarding Division.
NRS 118B.073 - Landlord to issue receipt of payment of rent to tenant.
NRS 118B.100 - Rules and regulations of park.
NRS 118B.130 - Restrictions on tenants: Obligations of landlord before change; notice.
NRS 118B.153 - Reduction of rent upon decrease or elimination of service, utility or amenity.
NRS 118B.154 - Connection of utilities; reports of violations.
NRS 118B.155 - Landlord to post or provide certain information regarding utility bills.
NRS 118B.157 - Notice to tenants of interruption of utility or service.
NRS 118B.173 - Notice of listing of park for sale; entitlement to notice.
NRS 118B.1833 - Certified appraiser: Qualifications.
NRS 118B.184 - Landlord to submit resident impact statement if closing or converting park.
NRS 118B.185 - Annual fee for lots in park; notice; penalty; disposition of money.
NRS 118B.190 - Notice; holding over.
NRS 118B.213 - Annual fee for lots in park operated for profit; notice; penalty; deposit.
NRS 118B.215 - Use of money in Account; eligibility to receive money from Account; regulations.
NRS 118B.220 - Fitness of manufactured home or recreational vehicle for occupancy.
NRS 118B.230 - Unlawful termination of rental agreement by landlord.
NRS 118B.240 - Controversies may be submitted for arbitration.