Can they evict my son and his family if they paid rent?

Full question:

The question I have is about my son that lives in Nevada (Reno). The question is he got an eviction notice in the mail were he lives, it said that his family had to be out in 5 days. They just paid rent and signed a lease today 5/25/07. He has 3 small kids, can they do that? can they get help? And where can they get help?

Answer:

The following are Nevada statutes:

NRS 118B.190 Notice; holding over.

 

 

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) 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 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.

 

 

(c) Except as otherwise provided in subsection 6, 10 days in advance if the termination is because of failure of the tenant to pay rent, utility charges or reasonable service fees.

 

 

(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.

 

 

(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.

 

 

(Added to NRS by 1975, 783; A 1977, 1449; 1979, 1875; 1981, 2034; 1983, 1358; 1987, 1300; 1989, 1084; 1993, 2770; 1995, 849, 2757; 2001, 1185; 2003, 2478)

 

 

NRS 118B.200 Grounds.

 

 

1. Notwithstanding the expiration of a period of a tenancy, the rental agreement described in NRS 118B.190 may not be terminated except for:

 

 

(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;

 

 

(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;

 

 

(c) Conduct of the tenant in the manufactured home park which constitutes an annoyance to other tenants;

 

 

(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;

 

 

(e) A change in the use of the land by the landlord pursuant to NRS 118B.180;

 

 

(f) Conduct of the tenant which constitutes a nuisance as defined in NRS 40.140 or which violates a state law or local ordinance, 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:

 

 

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

 

 

(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.

 

 

(Added to NRS by 1975, 783; A 1977, 1449; 1979, 1876; 1981, 1847, 2035; 1985, 2220; 1997, 1102; 2001, 1186; 2003, 2479)

 

 

NRS 118B.210 Retaliatory conduct by landlord and harassment by landlord, management or tenant prohibited.

 

 

1. The landlord shall not terminate a tenancy, refuse to renew a tenancy, increase rent or decrease services he normally supplies, or bring or threaten to bring an action for possession of a manufactured home lot as retaliation upon the tenant because:

 

 

(a) He has complained in good faith about a violation of a building, safety or health code or regulation pertaining to a manufactured home park to the governmental agency responsible for enforcing the code or regulation.

 

 

(b) He has complained to the landlord concerning the maintenance, condition or operation of the park or a violation of any provision of NRS 118B.040 to 118B.220, inclusive, or 118B.240.

 

 

(c) He has organized or become a member of a tenants’ league or similar organization.

 

 

(d) He has requested the reduction in rent required by:

 

 

(1) NRS 118.165 as a result of a reduction in property taxes.

 

 

(2) NRS 118B.153 when a service, utility or amenity is decreased or eliminated by the landlord.

 

 

(e) A citation has been issued to the landlord as the result of a complaint of the tenant.

 

 

(f) In a judicial proceeding or arbitration between the landlord and the tenant, an issue has been determined adversely to the landlord.

 

 

2. A landlord, manager or assistant manager of a manufactured home park shall not willfully harass a tenant.

 

 

3. A tenant shall not willfully harass a landlord, manager or assistant manager of a manufactured home park or an employee or agent of the landlord.

 

 

4. As used in this section, “harass” means to threaten or intimidate, through words or conduct, with the intent to affect the terms or conditions of a tenancy or a person’s exercise of his rights pursuant to this chapter.

 

 

(Added to NRS by 1977, 1448; A 1981, 2035; 1987, 932; 1989, 1797; 1993, 1171; 1995, 2758; 1999, 2046, 3194; 2001, 228, 229, 1186; 2003, 2970; 2005, 1604, 2330)

 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To remove someone from your home, you typically need to follow legal eviction procedures. If they are a tenant, you must provide proper notice based on the lease terms and state laws. In Nevada, if they are not a tenant, you may need to file an unlawful detainer action in court. Always check local laws and consider seeking legal advice to ensure you follow the correct process.