COMPLAINT FOR UNLAWFUL DETAINER LANDLORD INSTRUCTIONS (Form #10) The landlord should refer to “Mobile Home Park Evictions,” Landlord Instructions for information regarding how and when a landlord has grounds to terminate a tenancy and to seek formal eviction. Once the mobile home park landlord has grounds and has provided a legally sufficient termination notice and the tenant has not vacated the mobile home lot, the landlord may start formal eviction proceedings by following these instructions for completing the Complaint for Unlawful Detainer, Form #10. A mobile home park landlord can only use the formal eviction process as contained in Nevada Revised Statute (NRS) 40.290, et seq. to evict a mobile home park tenant from a mobile home park lot. The process begins with the landlord serving upon the tenant a summons and complaint. The summons provides notice to the tenant that he/she has twenty (20) days within which to answer the Complaint for Unlawful Detainer, Form #10. The landlord may shorten the time to answer by filing an Ex Parte Motion to Shorten Time to Answer, Form #11. The landlord has a right to a jury trial; however, there are significant expenses and complications. See the instructions for Form #22, Demand for Jury Trial. Heading Fill in the appropriate name of the township and county of the Justice Court. Parties Place the tenant’s and the landlord’s names, addresses and phone numbers under the Landlord/Plaintiff and Tenant/Defendant headings. If the landlord is a corporation, use the corporation’s name for Landlord/Plaintiff. Case No. and Dept. No. The court clerk will assign the Case No. and Dept. No. when you file this document with the court clerk (see the section on Filing and Service). Mobile Home Landlord Instructions Complaint for Unlawful Detainer Refers to Form #10 1 of 5 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com Body of the Complaint Number 1 The landlord should identify the name of the mobile home park, if any, and its address and county. Number 2 The landlord should identify the lot space number, address, and county where the tenant resides. GROUNDS Number 3 A. RENT DELINQUENCY AND TERMINATION NOTICE FAILURE TO PAY RENT The landlord should identify the grounds upon which the eviction is based. If the landlord has chosen non-payment of rent as the grounds, then the landlord should check Grounds 3.A. If this ground is chosen, the landlord must check 1, 2, 3, 4 and 5. All five subparagraphs must apply in order to proceed. B. NON-COMPLIANCE WITH LAW, ORDINANCE, GOVERNMENT REGULATION OR RULES OF PARK If the landlord is terminating the tenancy based on the tenant’s non-compliance with a law, ordinance, government regulation or valid rule of the park, then the landlord should check Grounds 3.B. If this ground is chosen, the landlord must check 1, 2, 3, 4 and 5. All five subparagraphs must apply in order to proceed. C. VIOLATION OF RULES OF PARK If the landlord is evicting the tenant because the tenant has violated a valid rule of conduct, occupancy or use of park facilities, then the landlord should check Grounds 3.C. If this ground is chosen, the landlord must check 1, 2, 3, and 4. All four subparagraphs must apply in order to proceed. Mobile Home Landlord Instructions Complaint for Unlawful Detainer Refers to Form #10 2 of 5 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com D. NUISANCE OR VIOLATION OF STATE LAW OR LOCAL ORDINANCE If the landlord is seeking to evict the tenant because of a nuisance or violation of state law or local ordinance, Grounds 3.D. should be checked. There are two types of nuisance. If the landlord serves a Five-Day Nuisance Notice then Grounds 3.D.1. should be filled in. All three subparagraphs must apply in order to proceed. If the nuisance is more serious as set out in the Instructions for Mobile Home Park Landlords, then a three-day notice could be served and the landlord should check Grounds 3.D.2. on the complaint. All three subparagraphs must apply in order to proceed. E. ANNOYANCE If the landlord has chosen annoyance as a ground to evict the tenant, then the landlord should check Grounds 3.E. and specify the activity in detail. All three subparagraphs must apply in order to proceed. TERMINATION NOTICE CONTENT Number 4 The termination notice itself must advise the Tenant/Defendant of the specific reason for the termination and it should enable the tenant to identify the dates, place and circumstances of the alleged events. The landlord should check 4. and identify the date the termination notice was served. The landlord should identify the specific reason that was stated in the termination notice by checking 4.A. and checking the appropriate reason (4.A.1., 4.A.2., 4.A.3., 4.A.4.a. (or 4.A.4.b.), 4.A.5, or 4.A.6., and, where requested, filling in blank lines to support the specific reason. The landlord should also check 4.B. and fill in the particulars in lines 1, 2 and 3. 1 asks for the dates on which the events took place, 2 asks for a description of where they took place and 3 asks for the circumstances giving rise to the termination. Mobile Home Landlord Instructions Complaint for Unlawful Detainer Refers to Form #10 3 of 5 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com TERMINATION NOTICE – TIMING AND SERVICE Number 5 Once a landlord has grounds to terminate a tenancy, then the landlord must have served a legally sufficient notice to terminate within the appropriate time frame. If the landlord has chosen non-payment of rent, the landlord should check Termination Notice and check 5.A.1., 2., and 3. All three subparagraphs must apply in order to proceed. If the landlord is terminating for reasons other than non-payment of rent, then the landlord should check 5.B. If the grounds the landlord has chosen is nuisance, then the landlord should identify which type of nuisance termination notice was served. If a fiveday notice was served, check 5.B.1.a., b., and c. The date should be filled in and a copy of the notice should be attached. A copy of the Proof of Service must also be attached. If the landlord served a three-day notice, then 5.B.2.a., b., and c. should be checked, filling in the date, attaching a copy of the Notice and Proof of Service. Lastly, if the landlord is terminating a tenancy for a change in park use, then the 180-day notice must have been used. If that is the case, the landlord should check 5.C.a., b., and c., filling in the date it was served, attaching a copy of the notice and Proof of Service. All other reasons (annoyance, non-compliance, violation) require a 45-day notice. If a 45-day notice was served, the landlord should check 5.D.a., b., and c., filling in the date it was served, attaching a copy of the notice and Proof of Service. WHEREFORE SECTION Provide the information required in (a). SIGNATURE SECTION Date, sign and print the Landlord/Plaintiff’s name on the lines provided. VERIFICATION “Verification” is a sworn statement that the facts in the Complaint are true. Date, sign and print the Landlord/Plaintiff’s name on the lines provided. The verification includes an affidavit or declaration, which makes it a criminal misdemeanor to state a Mobile Home 4 of 5 Landlord Instructions Complaint for Unlawful Detainer Refers to Form #10 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com lie. You have a choice between signing the document in front of a notary, making the document an affidavit, or signing a declaration without a notary. Generally, clerks are available to certify that you signed the document. However, both alternatives mean that if you are not being truthful, you could be prosecuted for perjury. SERVICE OF NOTICES (Applies to any of the Forms #1 through #9) Nevada law requires that the landlord serve notices to tenants of the termination of their tenancies. This is done in any one of three (3) ways as outlined in NRS 40.280. The document that records the method of notification is a “Proof of Service.” To complete this form correctly, read the alternative methods described on the form. Be sure to pick the appropriate one and follow it strictly. Failure to give lawful notice may result in the dismissal of the eviction and require that a new notice process begin again. FILING AND SERVICE The landlord must bring the original and at least two copies of the Complaint and Summons1 to the court clerk. You may get a blank Summons from the clerk’s office. After filling out the Summons, return it to the clerk who will issue the Summons. Upon the payment of a filing fee,2 the court clerk will file the original Complaint, assigning a Case Number and Department Number. The landlord should ask the clerk to file stamp the copies. The Summons and Complaint may be served by an official “process server” such as a constable or sheriff or any adult person not a party to the case. Unless the landlord has moved to shorten time to answer, the Tenant/Defendant will have twenty (20) days within which to answer the Complaint. 1 A “Summons” is the formal court document which the landlord serves upon the tenant in beginning an eviction. It is supplied by the specific court in which the case is filed. The importance is that it sets the time by which the tenant must file an Answer to Complaint for Unlawful Detainer, Form #21. This time will vary with the grounds for the eviction and may be shortened by the court. 2 Wavier of fees and costs is available if needed. See instructions for Forms #34, #35 and #36. Mobile Home 5 of 5 Landlord Instructions Complaint for Unlawful Detainer Refers to Form #10 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 2 3 4 5 6 IN THE JUSTICE COURT OF __________________________ TOWNSHIP 7 IN AND FOR THE COUNTY OF _________________, STATE OF NEVADA 8 9 10 Name: Address: Phone: 11 12 13 vs. 14 Name: Address: 15 Phone: 16 17 18 19 ______________________ ______________________ ______________________ ______________________ Landlord/Plaintiff CASE NO: ________________ _____________________ _____________________ _____________________ _____________________ Tenant/Defendant DEPT. NO:________________ COMPLAINT FOR UNLAWFUL DETAINER Landlord/Plaintiff alleges as follows: 1. At all times mentioned herein, Landlord/Plaintiff was, and is, the owner 20 21 22 of real property described as: ________________________________________ ___________________________________________________________________ (name of park and address) 23 24 ___________________ County, Nevada. 25 26 2. Tenant/Defendant is the tenant in possession of Space No. ________, at ________________________________________________________, (name of park and address) 27 ___________________ County, Nevada, and is either the owner of or leasing a 28 mobile home occupying that space. Mobile Home Landlord Complaint for Unlawful Detainer Form #10 1 of 9 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 2 GROUNDS The Landlord/Plaintiff has grounds to terminate Tenant/Defendant’s tenancy 3 as follows: 4 _____ 3. 5 Tenant/Defendant’s tenancy as required by NRS 118B.200: 6 The _____ A. Landlord/Plaintiff has established grounds to terminate Rent Delinquency and Termination Notice Failure to Pay 7 Rent (All five subparagraphs below must apply to proceed and 8 must be answered and checked.) 9 _____ 1. The Defendant was in default of the payment of 10 rent, utility charges and/or reasonable service fees 11 on the _____ day of ________________, 20____. _____ 2. 12 The Defendant was served with a 10-Day Notice 13 of Delinquency as required by NRS 118B.200 1(a) 14 on the _________________________ day of 15 _______________, 20____. 16 _____ 3. A copy of that Notice is attached. 17 _____ 4. A copy of the Proof of Service is attached. 18 _____ 5. The Defendant failed, neglected and/or refused to 19 comply with said Notice because the defendant did 20 not pay the sums demanded nor vacate the 21 Premises. AND/OR 22 23 _____ B. Non-compliance with Law, Ordinance, Government 24 Regulation or Rules of Park. (All five subparagraphs below 25 must apply to proceed and must be answered and checked.) 26 _____ 1. The Defendant is in non-compliance with the 27 following:(specify) 28 ________________________________________ Mobile Home Landlord Complaint for Unlawful Detainer Form #10 2 of 9 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 ________________________________________ 2 ________________________________________ _____ 2. 3 The Defendant was provided with a written Notice 4 advising the Defendant to cure the alleged non- 5 compliance within a reasonable time as required 6 by NRS 118B.200 1(b) on the _____ day of 7 ____________________, 20____. 8 _____ 3. A copy of that Notice is attached. 9 _____ 4. A copy of the Proof of Service is attached. 10 _____ 5. The Defendant failed to cure the non-compliance within the reasonable time specified in the Notice. 11 AND/OR 12 13 _____ C. Violation of Rules of Park. (All four subparagraphs below 14 must apply to proceed and must be answered and checked.) 15 _____ 1. The Defendant has violated valid rules as follows: 16 (specify) ________________________________ 17 ________________________________________ 18 ________________________________________ 19 ________________________________________ 20 _____ 2. The Defendant was provided with prior written 21 notice that a violation of the rule would result in 22 termination of Defendant’s tenancy as required by 23 NRS 24 ________________, 20____. 118B.200(1)(d) on the _____ 25 _____ 3. _____ 4. of A copy of that Notice is attached. 26 day A copy of the Proof of Service is attached. AND/OR 27 28 Mobile Home Landlord Complaint for Unlawful Detainer Form #10 3 of 9 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 _____ D. Nuisance or Violation of State Law or Local Ordinance. _____ 1. 2 (5 Day) The Defendant’s conduct amounts to a 3 nuisance as defined by law as required by NRS 4 40.140 as follows: (specify)_________________ 5 ________________________________________ 6 ________________________________________ 7 ________________________________________. 8 _____ 2. A copy of that Notice is attached. 9 _____ 3. A copy of the Proof of Service is attached. _____ 2. (3 Day) The Defendant’s conduct violated a 10 OR 11 12 specific state law or local ordinance listed in NRS 13 118B.200(1)(f) as follows: (specify) ___________ 14 ________________________________________ 15 ________________________________________ 16 ________________________________________. 17 _____ 2. A copy of that Notice is attached. 18 _____ 3. A copy of the Proof of Service is attached. AND/OR 19 20 21 _____ E. Annoyance _____ 1. The Defendant has engaged in activity that 22 constitutes an annoyance to other 23 (Specify) 24 ________________________________________ 25 ________________________________________ 26 ________________________________________. 27 _____ 2. A copy of that Notice is attached. 28 _____ 3. tenants. A copy of the Proof of Service is attached. Mobile Home Landlord Complaint for Unlawful Detainer Form #10 4 of 9 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 2 TERMINATION NOTICE CONTENT _____ 4. The termination Notice served on the _____ day of _______________, 3 20____: 4 _____A. specified the reason for the termination as follows: 5 _____1. Non-payment of rent; 6 _____2. Non-compliance with law or valid park rules, 7 specifically: ______________________________ 8 ________________________________________ 9 ________________________________________ _____3. 10 Violation of valid park rules, specifically: 11 ________________________________________ 12 ________________________________________ _____4. 13 Nuisance ____a. 14 5-Day, specifically: 15 ___________________________________ 16 ___________________________________ 17 ___________________________________ 18 or 19 _____b. 3-Day, specifically: 20 ___________________________________ 21 ___________________________________ 22 ___________________________________ _____5. 23 Annoyance, specifically: 24 ________________________________________ 25 ________________________________________. _____6. 26 Change of Park Use or Closure, specifically: 27 ________________________________________ 28 ________________________________________ Mobile Home Landlord Complaint for Unlawful Detainer Form #10 5 of 9 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com _____ B. 1 specific facts were stated on the Notice which would 2 enable the Defendant to determine: 3 _____ 1. The date(s) on which the event(s) occurred 4 which gives rise to the landlord’s reason for 5 terminating the tenancy is ______________ 6 ___________________________________ 7 ___________________________________ _____ 2. 8 The place where the alleged events took place, specifically ___________________; 9 and 10 _____ 3. 11 The circumstances of the alleged event, 12 specifically__________________________ 13 ___________________________________ 14 ___________________________________ 15 ___________________________________ 16 ___________________________________ TERMINATION NOTICE – TIMING AND SERVICE 17 18 _____ 5. The Defendant was served with a timely Notice to terminate the 19 Defendant’s tenancy as follows: 20 _____A. apply to proceed and must be checked) 21 22 Non-payment of Rent. (All three subparagraphs must _____ 1. The Defendant was served with a 10-Day Notice 23 of Delinquency/Termination as required by NRS 24 118B.190.1(c) on the ________________ day 25 ____________________, 20____. 26 _____ 2. A copy of that Notice is attached. 27 _____ 3. A copy of the Proof of Service is attached. 28 Mobile Home Landlord Complaint for Unlawful Detainer Form #10 6 of 9 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com _____ B. 1 Nuisance. _____ 1. ____a. 2 5-Day Notice - Nuisance – NRS 3 118B.190(1)(a) was served on the _____ 4 day of _______________, 20____. 5 _____b. A copy of that Notice is attached. 6 _____c. 7 A copy of the Proof of Service is attached. OR _____ 2. _____a. 3-Day 8 Notice 118B.190(1)(b) 9 - Nuisance was served 10 _______________ 11 – NRS on the day _______________, 20____. 12 _____b. A copy of that Notice is attached. 13 _____c. of 14 _____ C. A copy of the Proof of Service is attached. 180 days for Change in Park Use/Closure of Park. 15 _____a. NRS 118B.190(1)(d) on the ____________ 16 day of _______________, 20____. 17 _____b. A copy of that Notice is attached. 18 _____c. 19 _____D. A copy of the proof of service is attached. 45 days for all other reasons – Annoyance, Noncompliance and Violation: 20 _____a. NRS 118B.190(1)(e) was served on the 21 ______day of _______________, 20____. 22 23 _____b. A copy of that Notice is attached. 24 _____c. A copy of that proof of service is attached. 25 26 27 WHEREFORE, Landlord/Plaintiff respectfully requests that judgment be rendered as follows: 28 Mobile Home Landlord Complaint for Unlawful Detainer Form #10 7 of 9 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 (a) Declaring the Rental Agreement to be terminated and directing the 2 issuance of a Writ of Restitution restoring Landlord/Plaintiff to possession of Space 3 No._____, located at __________________________________________________ 4 ___________________________________________________________________ (name of park and address), 5 6 7 ________________ County, Nevada, presently occupied by Defendant; (b) For the amount of rent unpaid and accrued, if any, at the time of 8 hearing of this Complaint and through the date of removal of the mobile home from 9 the premises; 10 (c) For costs of suit and reasonable attorneys’ fees (if applicable); and 11 (d) For such other and further relief as to this Court seems just and proper. Submitted by, 12 13 _______________________ Date 14 15 __________________________________ Signature of Landlord/Plaintiff or Duly Authorized Agent __________________________________ Print Name of Landlord/Plaintiff or Duly Authorized Agent 16 17 18 VERIFICATION 19 20 21 22 23 24 25 I, _______________________________, am the Landlord/Plaintiff in the above-entitled action; that I have read the foregoing document and am competent to testify that the contents are true of my own knowledge except for those matters stated therein on information and belief; and, as to those matters, I believe them to be true. _______________________ Date 26 27 __________________________________ Signature of Landlord/Plaintiff or Duly Authorized Agent __________________________________ Print Name of Landlord/Plaintiff or Duly Authorized Agent 28 Mobile Home Landlord Complaint for Unlawful Detainer Form #10 8 of 9 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 2 I swear the above is true. Signature:__________________________________ 3 4 5 SUBSCRIBED AND SWORN to before me this ____ day of _________________, 6 7 20____. 8 9 NOTARY PUBLIC 10 OR 11 DEPUTY CLERK _____________________________ 12 13 14 OR 15 THE FOLLOWING: 16 17 18 Pursuant to NRS 53.045: 19 20 "I declare under penalty of perjury under the law of the State of Nevada that the 21 foregoing is true and correct." 22 23 Executed on _____________, 20____ 24 25 ______________________________ Signature 26 27 28 ______________________________ Print Name Mobile Home Landlord Complaint for Unlawful Detainer Form #10 9 of 9 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com