NAC704.990. Refunds to tenants and former tenants.

     1. Except as otherwise provided in subsection 2, if the landlord of a mobile home park owes a tenant or former tenant a refund for a utility deposit paid by the tenant or former tenant or a refund for the overpayment of a utility bill by the tenant or former tenant, the refund and any interest required pursuant to subsection 3:

     (a) Must accompany or be accounted for on the first bill for the utility service that is delivered to the tenant or former tenant after the landlord has notice of the overpayment or the need for a refund of the deposit; or

     (b) If the tenant or former tenant is no longer being billed for the utility service, must be sent to the current mailing address of the tenant or former tenant after the landlord has notice of the overpayment or the need for a refund of the deposit.

     2. If the landlord owes a tenant or former tenant such a refund, but does not know the current mailing address of the tenant or former tenant, the landlord shall:

     (a) If the refund relates to gas or electric service and the landlord collects from his or her tenants a service charge for that utility service pursuant to subsection 5 of NRS 704.940, deposit the refund and any interest required pursuant to subsection 3 in the separate account established for the type of utility service to which the refund is related.

     (b) If the refund relates to water service or if the refund relates to gas or electric service and the landlord does not assess and collect from the tenants a service charge for that utility service pursuant to subsection 5 of NRS 704.940, apportion the refund equally among the tenants of the mobile home park unless otherwise authorized by the Commission. Each tenant’s share of the refund and any interest required pursuant to subsection 3 must accompany or be accounted for on the first bill for the utility service that is delivered to the tenants after the landlord has notice of the overpayment or the need for a refund of the deposit.

     3. In addition to any refund required pursuant to subsection 1 or 2, the landlord shall pay the tenant or former tenant or, if applicable, shall deposit in the separate account or apportion equally among the tenants of the mobile home park, interest at the rate provided in NRS 704.655. The interest accrues from the date of the overpayment or the date of the receipt of the deposit until the date the tenant or former tenant receives the refund or the landlord deposits the refund in the separate account or apportions the refund equally among the tenants of the mobile home park.

     (Added to NAC by Pub. Service Comm’n, eff. 1-11-91; A by Pub. Utilities Comm’n by R156-01, 1-28-2002)