Nevada Landlord Tenant Law

Looking for clear and concise information on Nevada landlord tenant law? Get all your answers from this plain English guide to the Nevada Landlord Tenant Act.

NV Landlord Tenant Law:

• Nevada Code Title 10, Chapter 118A - Landlord and Tenants: Dwellings

If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online.

Tenant Application

Background and Credit Check

You can screen tenant applicants with a background check or full credit report from RentPrep.

A background check will show a person's history of addresses, evictions, bankruptcies, judgments and liens.

A full credit report comes with a basic background check, credit check plus criminal check. A basic background check shows a person's history of addresses, evictions and bankruptcies.

Landlords do not need the tenant or applicant's consent to run background and credit checks.  Fair Credit Reporting Act § 604(a)(3)(F)

Avoiding Discrimination

The Fair Housing Act disallows landlords from discriminating against prospective renters based on their race, color, religion, sex, *familial status, national origin or physical/mental handicap.  42 U.S.C. § 3604

*Familial status - pregnant women and families with person(s) under 18.

In addition, Nevada landlord tenant law disallows landlords from discriminating someone as a renter because of his or her sexual orientation, gender identity or expression.  NRS 118.075, 118.093

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Tenancy Agreement

(also known as a lease agreement or rental agreement)

Whether you're a landlord or tenant, it's important to have a written lease agreement with terms and conditions that favors you and follows your state laws.

To save time and avoid mistakes, you can customize your own lease agreement at LawDepot. This site will ask you a set of questions related to your tenancy and create a state-specific agreement based on your answers.

If there is no written agreement, it shall be assumed the tenancy will have following terms and conditions:

• No restrictions on children or pets staying on property
• Maintenance and waste disposal services are provided to the tenant at no cost
• No penalty fees for late payments, partial payments or bounced checks by the tenant
• Property shall be returned to its original condition when the tenancy begun  NRS 118A.200 (4)

In the absence of a rental agreement, the tenancy shall be month to month by default. If the tenant pays rent every week, then the tenancy shall be week to week.

Required for Tenancy Agreement

Nevada landlord tenant law NRS 118A.200 (3) requires all tenancy agreements to contain the following details:

• When the tenancy begins and ends
• How much is the rent
• When, how and where the rent is to be paid
• What are the terms if the property is to be occupied by children or pets
  
• What services are provided to the tenant
  
• Fees and their purposes
• Deposits and their refund conditions
• Penalty fees for late payments, partial payments or bounced checks
• Landlord's rights to inspect the property
  
• List of people staying on the property
• Who is paying for what utility bills
• NRS 202.470 Maintaining or permitting nuisance: Penalty
• How the tenant can report a nuisance or (building, safety or health) code violation to the authorities
• Tenant's right to display the United States flag  NRS 118A.325
• Name and address of person authorized to manage the property  NRS 118A.260 (a)(1)
• Name and address or property owner or owner's agent (person authorized to act on behalf of owner)  NRS 118A.260 (a)(2)
• Phone number of person in call in case of an emergency  NRS 118A.260 (1)(b)
  

Disallowed for Tenancy Agreement

According to Nevada landlord tenant law NRS 118A.220 (1), your lease agreement CANNOT:

• make the tenant give up any legal rights or remedies under the Nevada Landlord and Tenant Act
• permit anyone to get a confession of judgment against the tenant
  
• make the tenant pay for the landlord's attorney fees (unless ordered by the courts)
• limit the landlord's liabilities when the landlord has failed in his or her duties
• permit the landlord to give a different notice of termination (than what is required by Nevada landlord tenant law)

If the lease agreement contains any prohibited terms and conditions, the tenant can sue the landlord to recover actual damages.  NRS 118A.220 (2)

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Security Deposit

According to Nevada landlord tenant law, the landlord can ask for up to three months' rent as security deposit.  NRS 118A.242 (1)

The landlord must disclose any additional nonrefundable fees (such as cleaning fees) in the rental agreement.  NRS 118A.242 (8)

Whenever the landlord receives any payments from the tenant (e.g.deposits, rent or fees), he or she can request a written signed receipt from the landlord. The tenant can refuse paying until the landlord delivers the requested receipt(s).  NRS 118A.250

There are no Nevada landlord tenant laws on security deposit holding methods and security deposit interest.

Deductions and Returns

Nevada landlord tenant law requires the landlord to inform the tenant of the terms and conditions for security deposit deductions.
  
Valid reasons for security deposit deductions (under Nevada landlord tenant law) include:

• Rent owed
• Property damage due to negligence, misuse or abuse by tenant, occupants or tenant's guests
• Cleaning expenses to return the property to its original condition (before lease began)

The landlord is NOT allowed to take money from the security deposit due to damage from *normal wear and tear. *Normal wear and tear is the natural deterioration of the property (and its contents) from normal everyday use.  NRS 118A.242 (4)

Once the lease terminates and the tenant returns the property, the landlord must send the tenant a list of security deposit deductions and refund any remaining deposit within 30 days. This list has to individually account for all damages and rent owed in writing.  NRS 118A.242 (4)

If the landlord fails to follow Nevada landlord tenant law for deducting and returning security deposit, the tenant can recover up to the full security deposit amount.  NRS 118A.242 (6)

Change of Property Owner

If the landlord transfers his or her ownership of the property to another person by sale, assignment, appointment or death, the landlord and landlord's agent shall still be responsible for the security deposit until they do ONE of the following:

• Transfer the security deposit to the new owner (after any deductions) and inform the tenant of the new owner's name, address and phone number in writing OR
  
• Return the security deposit to the tenant (after any deductions)  NRS 118A.244

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Rent

The tenant has to pay the rent without demand or reminders. As long as the landlord and tenant are agreeable, they can choose the time, place and method of rent payment.  NRS 118A.210 (1)

By default, rent is payable once the tenancy begins and shall be paid on the same day of every month.  NRS 118A.210 (3)(a)

Late Rent

There are no Nevada landlord tenant statutes on imposing charges for late rent payments.

Raising Rent

According to the Nevada Landlord Tenant Act, the landlord can choose to raise the rent by any amount.

For a periodic tenancy that is one month or longer (e.g. month to month, year to year tenancy), the landlord has to give the tenant a written notice of rent increase 45 days in advance. For a periodic tenancy that is shorter than one month (e.g. week to week tenancy), the landlord has to give this notice 15 days in advance.  NRS 118A.300
   
For a fixed term tenancy, the landlord isn't allowed to raise the rent until the tenancy expires.

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Property Maintenance

Landlord Duties and Responsibilities

The Nevada Landlord Tenant Act NRS 118A.290 requires the landlord to maintain the property in a safe and habitable condition:

• Waterproofing: Maintain weather protection of roof, exterior walls, including windows and doors
• Plumbing: Install plumbing and sewerage systems and maintain them in good working condition
• Water Supply: Supply cold and hot water to the property
• Heating: Install heating facilities and maintain them in good working condition
• Power Supply: Maintain all electrical lighting, outlets, wiring and electrical equipment in good working condition
• Waste Disposal: Provide outlets for waste disposal and arrange for waste removal
• Common Areas: Keep all common areas clean and safe (as far as conditions allow)
• Maintenance: Maintain ventilating, air-conditioning,  floors, walls, ceilings, stairs and railings in good working condition

Tenant Duties and Responsibilities

Nevada landlord tenant law NRS 118A.310 also requires the tenant to keep the property in a clean and safe condition:

• Compliance: Obey all building and housing codes that affect health and safety
• Cleanliness: Keep the property clean and safe (as far as conditions will allow)
• Waste Disposal: Dispose all waste from the property in a clean and safe manner
• Proper Usage: Use all facilities and appliances properly. This includes all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen and common area facilities (e.g. elevators)
• Property Damage: Avoid property damage due to negligence, misuse or abuse by the tenant, occupants or tenant's guests
• Neighbors: Avoid disturbing neighbors and also disallow others from disturbing neighbors

If Landlord Fails to Maintain Property

If the landlord fails to maintain the property, the tenant can give him or her a written 14 day notice to terminate the tenancy. This notice must state the problems and give him or her 14 days to fix them.  NRS 118A.355

If the landlord fixes the problems within 14 days, the tenancy shall continue.

If the landlord fails to fix the problems within 14 days, the tenant can proceed to do the following:

• Terminate the rental agreement immediately
• Recover actual damages
• Apply to the court for relief
• Withhold rent due until the landlord has fixed (or tried to fix) the problems
  

If the landlord fails to respond (to the tenant's written notice) within 14 days AND the repair costs less than one month's rent, the tenant can make repairs and deduct the cost from rent. The tenant should keep all repair bills and submit an itemized statement to the landlord.  NRS 118A.360

If Landlord Fails to Provide Essential Services

If the landlord fails to provide an essential service (such as heat, water, electricity, plumbing or sanitation), the tenant can give the landlord a written notice stating the problem and giving the landlord two working days to restore the service.

If the landlord fails to do so, the tenant can proceed to do the following:

• Obtain essential service(s) and deduct the cost from rent
• Recover actual damages based on based on the property's decline in rental value
• Withhold rent due until essential service is restored
• Move to substitute housing (of similar standards) until essential service is restored - The tenant won't have to pay rent for this period and the landlord has to pay the rent difference if substitute housing costs more  NRS 118A.380

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Property Access

When Tenant's Permission is Required

According to Nevada landlord tenant law NRS 118A.330 (1), the landlord is only allowed to enter the property for the following reasons:

• Performing property maintenance or repairs
• Supplying essential (or mutually agreed) services and utilities
• Inspecting for damages
• Showing the property to prospective buyers, tenants or contractors

In the above situations, the landlord must inform the tenant at least 24 hours in advance before entering the property. The landlord can only enter the property with the tenant's consent and during normal business hours (unless the tenant agrees to other timings).  NRS 118A.330 (3)

When Tenant's Permission is NOT Required

According to Nevada landlord tenant law, the landlord may enter the property without permission in the following situations:

• Emergencies such as smoke, fire, flooding or explosion  NRS 118A.330 (2)
• Court order granting landlord access to the property
• Tenant has abandoned or surrendered the property
• Performing property maintenance or repairs due to problems caused by tenant failing in his or her responsibilities - See Tenant Duties and Responsibilities above  NRS 118A.440

If Tenant Refuses Landlord's Valid Request to Enter Property

The tenant cannot deny access if the landlord has a valid reason to enter the property. Otherwise the landlord can EITHER

1. obtain a court order that requires the tenant to let the landlord in OR
2. terminate the lease agreement by giving the tenant a written notice.

In addition, the landlord can also sue the tenant for actual damages.  NRS 118A.500 (1)

If Landlord Enters Property Illegally

The landlord must have a valid reason and obtain the tenant's permission (whenever required) to enter the property. If the landlord fails to do so or harasses the tenant, the tenant can EITHER

1. obtain a court order that stops the landlord from entering the property illegally or harassing the tenant OR
2. terminate the lease agreement by giving the tenant a written notice.

In addition, the tenant can also sue the landlord for actual damages.  NRS 118A.500 (2)

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Subletting

There are no specific Nevada landlord tenant laws on subletting.

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Termination of Tenancy

Number of Days for Notice to Quit

Before terminating a tenancy, Nevada landlord tenant law NRS 40.251 requires you to give the other party a written notice to quit in advance:

TENANT

If you are the tenant, the following are the minimum number of days for giving your landlord a notice to quit:

Whether you are a landlord evicting someone or a tenant facing eviction, it's important that you handle matters correctly according to your state laws.

If you have any questions or doubts on eviction, you can ask a local landlord tenant lawyer online.

Tenant or Dependent is a Victim of Family Violence

If the tenant believes that the tenant or tenant's dependent is going to be harmed due to family violence, he or she can terminate the tenancy (without penalty) by giving the landlord a written notice 30 days in advance.  NRS 118A.345, NRS 118A.347
   
This notice must include a statement (under oath or affirmation) that the tenant or tenant's dependent is a victim of family violence PLUS a police, court or government record describing an act of family violence against the tenant or tenant's dependent.

Tenant Has to Relocate for Health Care or Treatment

If the tenant needs to relocate for the treatment or care of his physical or mental condition, the tenant can send the landlord a written 30 days notice to terminate the tenancy if ONE of the following conditions are met:

• Tenant is at least 60 years old
• Tenant has a physical or mental disability

After relocating, the tenant must send this notice within 60 days.  NRS 118A.340

Property Damage Due to Fire, Disaster or Unavoidable Accident

If the property is badly damaged by fire, disasters or unavoidable accidents, the tenant can immediately move out and stop paying rent. The tenancy shall terminate once the tenant moves out. After moving out, the tenant must inform the landlord that he or she intends to terminate the tenancy within seven days.  NRS 118A.400
   
After the tenant moves out, the landlord must return the security deposit (after any deductions) to the tenant. The tenant won't have to pay rent starting from the date of the fire or natural disaster, so the landlord must also return any prepaid rent to the tenant.
   
If only part of the property is damaged, the tenant should move out of the damaged area. The rent amount will be lowered based on how much of the property is still livable.

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Eviction

According to Nevada landlord tenant law, the following are valid reasons for evicting tenants and the minimum number of days for giving them a notice to quit:

Tenant Did Not Pay Rent

If the tenant did not pay rent on time, the landlord can send the tenant a five day written notice to terminate the tenancy. This notice must state the amount of rent owed and inform the tenant that he or she can choose to pay or move out.

If the rent is paid within seven days, the tenant may continue staying on the property.  NRS 40.2512

Tenant Violated Tenancy Agreement or Didn't Perform Duties

If the tenant violates the tenancy agreement or fails to perform his or her duties (as required by Montana landlord tenant law), the landlord can send the tenant a written five day notice to terminate the tenancy.  NRS 118A.430 (1)

This written notice has to state what is the tenant's violation or failure in duty. If the tenant corrects the problem within five days, the tenant may stay.

If tenant is unable to fix the problem despite his or her best efforts, the tenant may avoid eviction by allowing the landlord to access the property for repairs and maintenance. In this case, the tenant has to pay for all (reasonable) expenses and damages incurred by the landlord.  NRS 118A.430 (2)

Unlawful Eviction

According to Nevada landlord tenant law, the landlord CANNOT force the tenant to move out by shutting off utilities (electricity, water, gas, sanitation), changing the locks, taking the tenant's belongings or taking possession of the property by force without a court hearing.  NV 118A.390, NV 118A.480
   
If the landlord forces the tenant to move out with (the unlawful methods above) or shuts off utilities, the tenant can regain possession of the property and EITHER

1. take action according to NRS 118A.380 Failure of landlord to supply essential services - See If Landlord Fails to Provide Essential Services above
2. OR terminate the tenancy agreement
   

In addition, the tenant may also recover actual damages or receive up to $1000. The court may also award both sums to the tenant.  NV 118A.390 (1)

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Abandonment

When is it Abandonment?

According to Nevada landlord tenant law, the tenant has abandoned the property when ALL three conditions are met:

1. Tenant is late in paying rent
2. Tenant has been absent from the property for 1.5 times the rent payment interval (e.g. Absent for 45 days in a month to month tenancy)
3. Tenant did not inform the landlord that he or she will be away from the property

Once the property is abandoned, the landlord may enter it, clean it, and re-rent it.

As long as the landlord makes a proper effort to re-rent the property at a fair rate, the abandoning tenant will be responsible for paying rent until the tenancy ends. If a new tenant is moving in before the tenancy ends, then the abandoning tenant can stop paying rent once the new tenant moves in.  NRS 118A.450

Dealing with Abandoned Belongings

If the tenant abandoned the property and left his or her personal belongings behind, the landlord must send the tenant a written notice stating the landlord's intention to dispose the belongings. This notice must to mailed to the tenant's last known address.  NRS 118A.460

If the tenant wants to take back his or her belongings, the landlord can ask the tenant to pay for the costs of moving and storing the belongings.

The landlord can dispose or sell the abandoned belongings once ALL of the following conditions are met:

• Landlord has stored the belongings for at least 30 days
• Landlord has mailed the above notice to the tenant at least 14 days ago
• Tenant did not retrieve his or her belongings within the above deadlines

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Resources

Nevada Landlord Tenant Law: Nevada Residential Landlord and Tenant Act

Eviction: Nevada Civil Law Self Help Center - Evictions and Housing

If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online.

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If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online.