STATEMENT WHY TEMPORARY WRIT OF RESTITUTION SHOULD NOT ISSUE TENANT INSTRUCTIONS (Form #23) INTRODUCTION If you have been served an Ex Parte Order to Show Cause why a Temporary Writ of Restitution Should Not Issue, Form #15, this document will help prepare you for the Show Cause hearing. However, you should also be sure that you have filed Form #21, Answer to Complaint for Unlawful Detainer. The Statement Why Temporary Writ of Restitution Should Not Issue, Form #23, is not an Answer and does not take the place of an Answer. If you do not Answer, the court could decide the case without your involvement (commonly referred to as a Default Judgment). WHAT IS A TEMPORARY WRIT OF RESTITUTION? A Temporary Writ of Restitution is a way for the landlord to make you move before the end of the case. Even though it is not technically the end of the case, it may be the most important hearing you will have regarding the eviction case. If a Temporary Writ of Restitution does issue, you will be required to leave your mobile home or, if the judge gives you permission and you have the funds to do so, you may be able to take your mobile home with you. WHAT IS THE IMPORTANCE OF THIS FORM? This hearing is very important and may, as a practical matter, end the case. These instructions provide a guide on how to fill out Form #23, Statement Why Temporary Writ of Restitution Should Not Issue, and is designed to help you organize yourself in preparation for that hearing. You may file the document but you do not have to. If you file this form before the hearing, the court will have information during the hearing that you might not have time to provide at the hearing. It is also a way for you to organize your thoughts and think about the case so you will be better prepared at the hearing. If you file it with the court, you must send a file stamped copy to the landlord Mobile Home Tenant Instructions Statement Why Temporary Writ of Restitution Should Not Issue Refers to Form #23 1 of 6 Revised: April 17, 2006 ©2006 Nevada Supreme Court American LegalNet, Inc. www.FormsWorkflow.com or, if the landlord is represented by an attorney, to that attorney. To show that you have done that, you must fill out the Certificate of Service at the end of the completed form. You are advised to file an Answer to the Complaint for Unlawful Detainer, Form #21. Form #23 is not a substitute for Form #21. The purpose of Form #23 is to give the court additional information that might lead it to deny the landlord’s request for a temporary writ. WHAT ARE THE TIME FRAMES INVOLVED IN A MOBILE HOME EVICTION CASE? Under the normal rules, you would have 20 calendar days to file an Answer after you have been served with a Complaint for Unlawful Detainer, Form #10. However, eviction rules allow the landlord to shorten the time you have to Answer to as little as 10 judicial days1 after you receive the Complaint. The landlord may get an Order Shortening Time to Answer, Form #12, without involving you. Judicial days do not include weekends or legal holidays. In determining when you must Answer, you do not include the date you were served with the Complaint. If you need more time to Answer, you may file a Motion for Enlargement of Time to Answer, Form #24. Instructions may be found at the same location at which you acquired these instructions. Unless there are extraordinary circumstances, the hearing on an Order to Show Cause Why a Temporary Writ of Restitution Should Not Issue cannot occur until the 11th calendar day after you have been served with a Summons and Complaint. Also note that the landlord can ask for a Temporary Writ hearing before the 11th calendar day for “extraordinary” reasons. Be aware that the Order to Show Cause itself, in addition to giving you the date and time for the Show Cause hearing, may also have the date and time for a trial. Alternatively, such trial date may be determined at the show cause hearing. NOTE The trial, which ultimately determines if you win or lose, may not occur less than 20 calendar days after you were served with the Summons and Complaint. However, 1 “Judicial Days” do not include date of service, weekends or legal holidays. Mobile Home Tenant Instructions Statement Why Temporary Writ of Restitution Should Not Issue Refers to Form #23 2 of 6 Revised: April 17, 2006 ©2006 Nevada Supreme Court American LegalNet, Inc. www.FormsWorkflow.com as described in these instructions, the landlord may attempt to make you leave before the final trial through a request for a Temporary Writ of Restitution. The landlord does not need to involve you in the setting of the hearing to determine whether the court will grant or deny the request for a Temporary Writ. However, the Landlord must serve you with the Order to Show Cause Why a Temporary Writ of Restitution Should not Issue which states the time and date of the hearing to decide whether a Temporary Writ of Restitution will issue. IMPORTANT THINGS TO KNOW ABOUT THE HEARING DESCRIBED IN THE ORDER TO SHOW CAUSE 1. The court will decide whether or not to grant the landlord’s request for a Temporary Writ of Restitution. 2. If the court grants the landlord’s request, the court will have to set a bond that the landlord is required to give to the court before the Temporary Writ can issue. Such bond needs to be sufficient to compensate you for your probable losses, including alternate housing costs that you will experience because you must leave your home. WHAT DOES THE COURT TAKE INTO ACCOUNT IN DECIDING WHETHER TO GRANT OR DENY THE TEMPORARY WRIT? The court may wish to base its decision on whether the landlord has sufficient evidence to convince the court that the landlord would ultimately win the case. This is why it is important that you put forward information that you think shows that the landlord would not win and also why you should file an Answer to Complaint for Unlawful Detainer, Form #21. As the court may also be concerned about the relative hardship that would occur, the court would look at the hardship you and your family would likely endure if the Temporary Writ were to issue and compare that to the hardship that the landlord would be required to endure if the court denied the Temporary Writ. ADDITIONAL HELP It is best to seek assistance from an attorney since you could lose your home. You may be eligible for a free attorney from one of the organizations as listed on the disclaimer. Mobile Home Tenant Instructions Statement Why Temporary Writ of Restitution Should Not Issue Refers to Form #23 3 of 6 Revised: April 17, 2006 ©2006 Nevada Supreme Court American LegalNet, Inc. www.FormsWorkflow.com SPECIFIC INSTRUCTIONS FOR FORM #23 Header You must fill in the blanks indicating what township and county as set forth on the Landlord/Plaintiff’s Complaint for Unlawful Detainer, Form #10. Parties You must fill in the names, addresses and phone numbers of the Landlord/Plaintiff and Tenant/Defendant as set forth on the Landlord/Plaintiff’s Complaint for Unlawful Detainer, Form #10. Case No. and Dept. No. Use the identical Case Number and Department Number as was assigned on the Landlord/Plaintiff’s Complaint for Unlawful Detainer, Form #10. Body of Statement Check 1.A. if you have answered; if you have not, check 1.B. Check 1.B.1. or 1.B.2 depending on whether the time to answer has expired. Normally you have 20 calendar days to answer from the date you are served with the Summons and Complaint. However, the landlord has the right to ask for an Order Shortening Time to Answer, Form #12, in this type of case. Such an order may have been served upon you at the time you were served the Summons and Complaint. If time has expired, you may also check 1.B.3. if you intend to file an Answer. If the time has run and you want more time, you should explain in the space given at 1.B.3. why this time was not enough to answer and describe how much time you need. Whether or not the time to answer was shortened and you intend to answer but you need more time, you may wish to file Form #24, Motion for Enlargement of Time to Answer. Numbers 2 through 4 Check and fill in the appropriate spaces and explain where relevant. Note that some of the items require that you make a choice, e.g., do not or do, has not or has. Mobile Home Tenant Instructions Statement Why Temporary Writ of Restitution Should Not Issue Refers to Form #23 4 of 6 Revised: April 17, 2006 ©2006 Nevada Supreme Court American LegalNet, Inc. www.FormsWorkflow.com EQUITABLE ISSUES Numbers 5 through 9 Answer these if the landlord’s claim against you is that you have not paid rent even if the landlord has also made other claims in the Complaint. Note that some of the items require that you make a choice, e.g., do or do not, are or are not, has or has not. Numbers 10 through 12 Answer these paragraphs if the landlord is evicting you for reasons other than non-payment of rent, even if the landlord also claims you have not paid rent. SECTION ENTITLED PROBABLE LOSS THAT TENANT WILL EXPERIENCE IF TEMPORARY WRIT OF RESTITUTION DOES ISSUE Numbers 13 through 22 These paragraphs advise the court about other issues the court may wish to consider in making its decision, but also allows you to describe to the court your probable losses that you and your family would experience if the court issues a Temporary Writ of Restitution. Number 23 Explain how the landlord will not be harmed. SIGNATURE SECTION You must sign, print your name, and put in the date where indicated in the signature block. CERTIFICATE OF SERVICE If you choose to file this document before your show cause hearing occurs rather than as a document you wish to hand to the court (with a copy for the landlord or landlord’s attorney) you will need to complete the “Certificate of Service.” The purpose is to prove you notified the other party that you have filed or intend to file the document. The service of this document on the other party may occur before or after actual filing with the court. It is best to serve and file on the same day. Provide the date and name of the document you delivered to the landlord or the landlord’s attorney. Mobile Home Tenant Instructions Statement Why Temporary Writ of Restitution Should Not Issue Refers to Form #23 5 of 6 Revised: April 17, 2006 ©2006 Nevada Supreme Court American LegalNet, Inc. www.FormsWorkflow.com Fill in the address of the landlord or landlord’s attorney. If the landlord is represented by an attorney, the Certificate of Service must indicate that the document is being sent to the attorney and indicate the attorney’s address. If the landlord is represented by an attorney, you should not send a copy to the landlord. Check the method by which the document was delivered. The signature and printed name of the server are required. Mobile Home Tenant Instructions Statement Why Temporary Writ of Restitution Should Not Issue Refers to Form #23 6 of 6 Revised: April 17, 2006 ©2006 Nevada Supreme Court 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 Name: Address: 10 Phone: 11 12 ______________________ ______________________ ______________________ ______________________ Landlord/Plaintiff vs. CASE NO: ________________ 13 14 15 Name: Address: Phone: 16 17 DEPT. NO:________________ STATEMENT WHY TEMPORARY WRIT OF RESTITUTION SHOULD NOT ISSUE 18 19 _____________________ _____________________ _____________________ _____________________ Tenant/Defendant NOW COMES Tenant/Defendant and hereby states why a temporary writ of 20 restitution should not issue in this case. 21 _____1. _____A. Defendant has answered the Complaint and reasserts 22 such answer and affirmative defenses as a partial 23 response to why a temporary writ should not issue. 24 _____B. Defendant has not yet answered. 25 _____1. Time to answer has not yet run. 26 _____2. Time to answer has run and Defendant was not able to file an answer. 27 28 Mobile Home Tenant Statement Why Temporary Writ of Restitution Should Not Issue Form #23 1 of 8 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 _____3. Defendant intends to file an answer but 2 needs more time to do so. Explain:______ 3 __________________________________ 4 __________________________________ 5 ____________________________________________. 6 _____2. The show cause hearing is set for______________________. I was 7 served with a summons and complaint on _______________, 20____. 8 _____A. 9 If the show cause hearing is scheduled less than 11 calendar days after the date I received the Summons 10 and Complaint, I: 11 _____1. 12 Cause hearing. 13 _____2. 14 15 do not object to the date of the Show do object to the date of the show cause hearing and request a continuance. _____3. I dispute the facts alleged by the Landlord in the Landlord’s 16 Application for a Temporary Writ of Restitution, specifically: 17 ________________________________________________________ 18 ________________________________________________________ 19 ________________________________________________________ 20 ________________________________________________________ 21 ________________________________________________________ 22 ________________________________________________________ 23 24 _____4. Hearing date 25 _____A. That a final hearing date in this case has not been set. 26 _____B A final hearing date has been set for________, 20____. 27 28 Mobile Home Tenant Statement Why Temporary Writ of Restitution Should Not Issue Form #23 2 of 8 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 2 3 4 EQUITABLE ISSUES (If the Landlord’s Complaint includes a claim that Tenant has not paid rent, answer Numbers 5 through 9.) _____5. The Landlord’s Complaint claims that I owe the Landlord rent. _____6. 6 The Landlord ____________ made any claims in his complaint or (has or has not) 7 Application for a Temporary Writ of Restitution that I am causing safety 8 or health problems for the other tenants of this park or for the 9 management of the park. 5 10 _____7. The Landlord has instituted a mobile home lien process against my 11 mobile home for the rent that the landlord alleges that I owe. 12 _____A. No sale date has been set for such lien. _____B. A 13 notice of lien sale has been issued for 14 15 _______________.m. on ______________________, 16 ____________________, 20____. 17 _____8. 18 That I _______________that I owe the amount of the rent that the (agree or disagree) landlord claims. If you disagree, explain: ______________________ 19 20 ________________________________________________________ 21 ________________________________________________________ 22 ________________________________________________________ 23 ________________________________________________________ 24 25 _____9. I agree that I owe some rent but believe I will be able to catch up 26 by____________________________, 20 ____. 27 Explain__________________________________________________ 28 Mobile Home Tenant Statement Why Temporary Writ of Restitution Should Not Issue Form #23 3 of 8 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 ________________________________________________________ 2 ________________________________________________________ 3 ________________________________________________________ 4 _______________________________________________________. 5 6 (If the Landlord’s Complaint is for issues other than non-payment of rent, or in 7 addition to non-payment of rent, answer Numbers 10 through 12.) 8 _____10. That the landlord is terminating my lease for 9 _____A. Breach of contract 10 _____B. Nuisance 11 _____C. Other _______________________________________ 12 ____________________________________________ 13 ____________________________________________ 14 ___________________________________________. 15 _____11. The Landlord has alleged that I am causing a problem in the park that: _____A. 16 other tenants 17 _____B. 18 does interfere with management or the rights of other tenants 19 20 does not interfere with management or the rights of _____12. I deny that I am causing the problems that the park management is 21 accusing me of because ____________________________________ 22 ________________________________________________________ 23 ________________________________________________________ 24 ________________________________________________________ 25 ________________________________________________________ 26 ________________________________________________________ 27 ________________________________________________________ 28 Mobile Home Tenant Statement Why Temporary Writ of Restitution Should Not Issue Form #23 4 of 8 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 ________________________________________________________ 2 ________________________________________________________ 3 ________________________________________________________ 4 ________________________________________________________ 5 PROBABLE LOSS THAT TENANT WILL EXPERIENCE IF TEMPORARY WRIT OF RESTITUTION DOES ISSUE 6 7 _____13. _____A. 8 OR 9 _____B. I have a site to which I could move my mobile home. home. 10 11 I do not have a site to which I could move my mobile _____14. If I do have a site to which I could move my mobile home: _____A. 12 I do not have the $_________ it will cost me to move it 13 there. 14 Explain_______________________________________ 15 _____________________________________________ 16 _____________________________________________ 17 _____________________________________________ 18 ____________________________________________. _____B. 19 there. 20 _____C. 21 If this temporary writ is issued, I want to be able to take my mobile home with me. 22 23 I do have the $___________ it will cost me to move it _____15. My mobile home is worth $ ____________. 24 _____A. I own my mobile home free and clear. 25 _____B. I owe $_________to____________________________ which is financing my purchase of my mobile home. 26 27 28 Mobile Home Tenant Statement Why Temporary Writ of Restitution Should Not Issue Form #23 5 of 8 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 _____16. If a temporary writ is issued, additional harm that I will experience is: 2 ________________________________________________________ 3 ________________________________________________________ 4 ________________________________________________________ 5 _______________________________________________________. 6 _____17. _____A. 7 OR 8 _____B. I have alternative housing available to me. 9 _____18. 10 I do not have alternative housing available to me. If I do have a alternative housing available to me: _____A. I do not have the $_________ it requires to move into 11 such housing. Explain___________________________ 12 _____________________________________________ 13 _____________________________________________ 14 _____________________________________________ 15 ____________________________________________. 16 _____B. 17 18 I do have the $___________ it requires to move into such housing. _____19. My household members include me and 19 _____A. _______________________, aged ______; 20 _____B. _______________________, aged______; 21 _____C. _______________________, aged______; 22 _____D. _______________________, aged______, and 23 _____E. _______________________, aged ______. 24 _____20. That the combined household income of the household is 25 $________________ from: 26 _____A. Employment 27 _____B. Government source such as Social security 28 Mobile Home Tenant Statement Why Temporary Writ of Restitution Should Not Issue Form #23 6 of 8 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 _____C. Pension 2 _____D. Other; describe__________________________ 3 _____21. That if I am forced to leave my mobile home or mobile home lot, my 4 family and I will be negatively affected as follows. 5 _____A. We will likely to lose my home. 6 _____B. We will be homeless for a period of ______ days 7 _____________________________________________ 8 _____________________________________________ 9 _____________________________________________ 10 _____________________________________________ 11 ____________________________________________. 12 _____22. 13 That if I cannot move my mobile home, the landlord will experience no benefit if a temporary writ is issued since he will not be able to re-rent 14 the space my mobile home currently occupies. 15 16 _____23. That the Landlord will experience no harm. Explain:_______________ 17 ________________________________________________________ 18 ________________________________________________________ 19 ________________________________________________________ 20 _______________________________________________________. 21 22 WHEREFORE, Defendant respectfully requests that the Court not issue a Temporary Writ of Restitution. Submitted by, 23 24 25 ______________________ Date _______________________________ Signature of Tenant/Defendant 26 27 28 Mobile Home Tenant Statement Why Temporary Writ of Restitution Should Not Issue Form #23 _______________________________ Print Name of Tenant/Defendant 7 of 8 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com 1 CERTIFICATE OF SERVICE 2 3 Pursuant to NRCP 5(b) and JCRCP 5(b), I hereby certify that I am a 4 non-party over the age of 18 years, and that on _____________________, 20____, 5 I 6 __________________________________________________________________, served true and correct copy of the foregoing (Name of document that was served) 7 8 a addressed to: 9 _______________________________________ 10 _______________________________________ 11 _______________________________________ 12 _______________________________________ 13 14 [ ] 15 BY U.S. MAIL: I deposited for mailing in the United States mail, with postage fully prepaid, an envelope containing the above-identified document at 16 _______________________________ (City and State), 17 in the ordinary course of business. 18 19 [ ] BY FACSIMILE TO: _______________________________ (FAX number). 20 [ ] BY PERSONAL SERVICE: I personally hand delivered the above-identified 21 document to the address/offices of the person named above. 22 _______________________________ Signature of Server 23 24 25 26 _______________________________ Print Name of Server 27 28 Mobile Home Tenant Statement Why Temporary Writ of Restitution Should Not Issue Form #23 8 of 8 ©2006 Nevada Supreme Court Revised: April 17, 2006 American LegalNet, Inc. www.FormsWorkflow.com