Complaint For Unlawful Detainer With Instructions {10}

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. 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). If the landlord is a 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. 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. 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. subparagraphs must apply in order to proceed. Mobile Home Landlord Instructions Complaint for Unlawful Detainer Refers to Form #10 All five All five All four 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. 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. 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. All three All three subparagraphs must apply in order to 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