Nevada Rental Laws

Written by on November 19, 2012

State Flag of NevadaThis article summarizes some key Nevada Landlord-Tenant laws applicable to residential rental units.

We’ve used the Official State Statutes and other online sources cited below to research this information and it should be a good starting point in learning about the law.

With that said, our summary is not intended to be exhaustive or a substitute for qualified legal advice. Laws and statutes are always subject to change, and may even vary from county to county or city to city.

You are responsible for performing your own research and complying with all laws applicable to your unique situation.

If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and/or a qualified lawyer in your area. Your local or state bar association may have a referral service that can help you find a lawyer with experience in landlord-tenant law.

Nevada has not adopted the Uniform Residential Landlord & Tenant Act (URLTA).

This research and information is current as of November 15, 2012.

Official Rules and Regulations

Details

Security Deposit:

  • Security Deposit Maximum: equal to 3 months of rent (NRS 118A.242(1))
  • Security Deposit Interest: No Statute
  • Separate Security Deposit Bank Account: No Statute
  • Pet Deposits and Additional Fees: No Statute
  • Non-Refundable Fees: Landlord must disclose and explain any non-refundable fees (which are allowed for cleaning) in the lease agreement. (NRS 118A.242(8))
  • Deadline for Returning Security Deposit: 30 days after lease termination/Tenant moves out (NRS 118A.242(4)(5))
  • Require Written Description / Itemized List of Damages and Charges: Yes (NRS 118A.242(4)(5))
  • Record Keeping of Deposit Withholdings: No Statute

Lease, Rent & Fees:

  • Rent Increase Notice: 45 days or, in the case of any periodic tenancy of less than 1 month, 15 days in advance of the first rental payment to be increased (NRS 118A.300)
  • Late Fees: No Statute
  • Prepaid Rent: No Statute
  • Returned Check Fees: No Statute
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes (NRS 118.355)
  • Tenant Allowed to Repair and Deduct Rent: Yes (NRS 118.355)
  • Landlord Allow to Recover Court and Attorney’s Fees: No Statute
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes (NRS 118.175)
  • Hold-over converts to Month-to-Month: Yes, unless tenant pays weekly, then it converts to Week-to-Week

Notices and Entry:

  • Notice to Terminate a Lease – Yearly Lease: No Statute
  • Notice to Terminate a Lease – Month-to-Month: 30 days (NRS 40.251)
  • Notice to Terminate a Lease – Week-to-week: 7 days (NRS 40.251)
  • Notice of date/time of Move-Out Inspection: No Statute
  • Eviction Notice for Nonpayment: 5 days (NRS 40.2512)
  • Eviction Notice for Lease Violation: 5 days, but must fix the issue within the first 3 days or Landlord can file for eviction. (NRS 40.2514NRS 40.2516)
  • Required Notice before Entry: 24 hours (NRS 118A.330)
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): 24 hours (NRS 118A.330)
  • Entry Allowed During Tenant’s Extended Absence: No Statute
  • Notice to Tenants for Pesticide Use: No Statute
  • Emergency Entry Allowed without Notice: Yes (NRS 118A.330)
  • Lockouts Allowed: No (NRS 118A.390)
  • Utility Shut-offs Allowed: No (NRS 118A.390)

Disclosures and Miscellaneous Rules:

  • Tenant has the right to display the flag of the United States of America (NRS 118A.325, NRS 118A.200)
  • Landlord must include verbiage in the lease that summarizes the rule NRS 202.470 – Maintaining or permitting nuisance: Penalty (NRS 118A.200)
  • Landlord must provide a completed move-in checklist stating the inventory and condition of the dwelling at the time the tenant takes possession. (NRS 118A.200)
  • Landlord must inform the Tenant in writing, if the property is subject to a pending foreclosure. (NRS 118A.200)
  • Landlord must explain, in the Lease, the conditions upon which the deposit will be refunded. (NRS 118A.200)
  • Other than normal wear, the premises will be returned in the same condition as when the tenancy began. (NRS 118A.200)
  • Special Protections for Domestic Violence Victims: No Statute
  • Examples of retaliation include filing an eviction lawsuit, terminating a tenancy, refuse to renew, increasing the rent, or decreasing services. (NRS 118A.510)
  • Retaliation is assumed if the Landlord takes such action after Tenant complains to the landlord about unsafe or illegal living conditions. (NRS 118A.510)
  • Retaliation is assumed if the Landlord  takes such action after Tenant complains to a government agency, such as a building or health inspector, about unsafe or illegal living conditions. (NRS 118A.510)
  • Retaliation is assumed if the Landlord takes such action after a Tenant joins or organizing a tenant union, for the purpose of presenting his/her views. (NRS 118A.510)
  • Retaliation is assumed if the Landlord takes such action after Tenant exercises a legal right allowed by your state or local law. (NRS 118A.510)

Court Related:

Business Licenses:

  • Business License required: No state-wide statute, but local cities and counties may have regulations and requirements.  Check with your local governing authority.

Overview Video

This is another seminar in the, “Access to Justice” series, presented by local attorneys and sponsored by the Nevada County Superior Court Public Law Center.

Get Updates by Email!

Join 1000's of Landlords

  • Weekly Articles & Tips
  • Updates on Rental Laws
  • ​Useful Tools & Resources
Topics:
  Laws & Regulations
Free tools for
Landlords.

557 CommentsLeave a Comment

  • Plettchell

    Hi, I’m a Vegas condo owner, living out of state.
    Feb 1/14 -Tenant signed a 2 yr lease. Termination date on lease: Jan 31/16. Tenant paid Feb 2015 rent

    Feb 5/15 Tenant emailed to say he’d be terminating early, for employment in another state.
    What options do I have regarding my financial loss? Is Tenant liable to pay balance of lease? (I don’t require it)

    I’d like to have him pay “full” months, until a replacement is found & also pay 3/m rent

    To cover loss/expenses: -pay incentive to realtors 4 advertise/review tenants/show unit (if tenant can’t or leaves before new tenant found); -pay for flights; to do inspection/lease signing with the new tenant (done with every tenant), a rental car.
    I’ve got a Vegas 2nd home, so that’s not an expense.

    Therefore, I’d like to ask for 5/m rent in advance of him leaving. Once new tenant’s found & moved in, calculate: full months till tenant moves in, flights, rental car, realtor incentive/advertise. Then return balance

    Reasonable, Lawful?
    Thanx

    • Lucas Hall

      Hi Plettchell

      It’s my understanding that a landlord must attempt to mitigate damages to a tenant who abandons a lease. (NRS 118.175) http://www.leg.state.nv.us/NRS/NRS-118.html#NRS118Sec175

      The most common form of mitigation is only charging the past tenant for rent up until a new tenant is found, and that the landlord must make a reasonable attempt to find a new tenant quickly.

      I personally think it would be unreasonable for you to expect the tenant to pay for any of your flights, lodging, meals, etc, because these are all expenses that you would have to do eventually. The tenant is only obligated to the fees in the contract.

      In my leases, I always include an early termination fee of 2 months rent, which gives the tenant a way to buy themselves out of the lease.

      Generally speaking, if it takes you 60 days to find a new paying tenant, the old tenant would only be responsible for 60 days worth of rent plus any excessive property damage. The cost you incur from marketing or showing your unit are yours, not his. That’s the cost of doing business.

      As always, each situation is different, and I’m not a lawyer so please don’t take this as legal advice. If you feel that the tenant owes you more than he is willing to pay, then you could take him to small claims court.

  • Kathy F

    I charged my tenant a $250 non-refundable cleaning fee. However, in the lease agreement it states that they must return the property in a clean and neat condition. it also goes into details stating…..closets / cupboards clean, oven cleaned, all trash removed from property, carpets commercially cleaned. None of this was done. Can I charge them for not doing as requested. What can I or can’t I charge them for based on the fact that I did charge them a $250 non-refundable cleaning fee? (The state is Nevada)

    • Lucas Hall

      Hi Kathy,

      Did you also take a security deposit? Because they didn’t fulfill the lease conditions, it seems like using the security deposit is the logical next step after you use up the $250. If you did not take an additional deposit, then you’ll have to send them an itemized bill for any extra expenses, with receipts. If they refuse to pay, you have to settle it in small claims.

  • Dorita Duffield

    Our apartment was broken into when I confronted the suspects they became aggressive. I went and talked to the office manager letting her know I was uncomfortable living there. The office Manager gave me some choices first one being to find another place and move. This would cost me 1000 dollars with a police report 2000 without the report or Transfer to another Camden property for 400 dollars transfer fee. After Transferring to another Camden Property we got a bill in the mail for 1164.00 charging me 400.00 for the transfer and 200 for the move in special. Can they do this?

    • Lucas Hall

      Hi Dorita,

      It really just depends on what your lease says. A break-in doesn’t automatically allow the tenant to get out of the lease – especially if the landlord is not at fault in any way. Therefore, if you wanted to move, then it was completely your choice, and you must follow the terms and fees in the lease.

      I don’t understand how 400+200 = $1164, and I think you could probably argue the “move-in special” seeing how you are an existing tenant.

  • Chris

    I am curious about what applies to someone who is in a month to month lease. I am unhappy and see rates go up monthly. I want to just leave where I am but not sure exactly how I can. Do I have to submit paperwork or just leave ? What effect will me up and going have on a new property when appyling ?

    • Lucas Hall

      Hi Chris,

      That’s a fair question. Month-to-month generally automatically renew unless either party gives proper notice to terminate the agreement.

      To terminate a M2M lease, a tenant needs to give 30 days notice to the landlord. (NRS 40.251)
      http://www.leg.state.nv.us/NRS/NRS-040.html#NRS040Sec251

      If the tenant fails to give proper notice, they might be held responsible for additional rent and could lose the deposit.

      Please know that I’m not a lawyer, and this is not legal advice. If you’re looking legal advice, please consult and attorney.

  • brandon

    Hi Lucas, I am acting as property manager for a friend who owns and rents a condo in Summerlin, Las Vegas but moved to California. We have had renters in the condo for about 18 months of a 24 month lease. A man moved in the condo with his girlfriend but only he signed the lease. They broke up, she has been paying the rent for the last 8 months on her own but now the payments are becoming late and she is trying to renegotiate to a lower amount. We think we can get the same rent if we find new renters, wondering how I go about getting her out being that I am just a friend helping out my friend and am not working for an actual property management company? Thanks for the help!

    • Lucas Hall

      Hi Brandon,

      I don’t suppose she is the one on the lease? If not, then you would still have to honor her residency there since she has been allowed to occupy the unit and pay rent. If she fails to pay rent in full in the future, then you can terminate the default agreement for non-payment with 5 days notice to pay or quit (NRS 40.2512), and then start the eviction process if she doesn’t leave.

      In the future, it’s best to have all adult residents sign the lease.

      Alternatively, if she’s having trouble paying the rent, you might want to see if she will leave voluntarily. If given the opportunity, she may vacate on a agreed upon date. You’d also want to reach out to the actual lease holder and keep him in the loop – just in case he wants to start paying rent.

      I hope that helps. Please know that I’m not a lawyer, nor is this legal advice.

  • Rick Waters

    Hello there,
    First I would like to thank you for your detailed informational responses. I’ve learned a lot looking through past posts.

    My situation:
    A friend of mine is renting a 2 bedroom apartment in a gated community in Las Vegas, Nevada. Since the other bedroom is just taking up pace, my friend says I can move in and split the rent 50/50.

    So I moved in and gave my friend 1st and last month’s rent. Now I see the security guards from time to time in my comings and goings. My question is, what happens if they find out that I’m not on the lease? Can they tell me that I cannot be on the premises. Also, are we doing anything illegal? If so, how can we legalize what we are doing?

    One of the main reasons we haven’t considered adding me to the lease is that I’m in the process of repairing my credit so we worry that I may be denied at this time.

    Thank you so much for your time.

    Sincerely,
    Rick

    • Lucas Hall

      Hi Rick,

      Sorry for the delayed response.

      I think the security guards are the least of your worries. Generally speaking, the landlord must approve anyone who is living in their property. Your friend might have a approval to sublet, which would be the most accurate term for your situation. However, if he/she doesn’t have approval to sublet, and further, subletting is prohibited in the master lease, then the landlord could terminate the lease for the violation and kick both of you out.

      It’s always best to get the landlord’s permission before moving anyone else in. Even if the landlord says it’s okay, they will likely want to know some basic information about the new roommate.

      The only reason why the Community Association (the guards and any board members) might be concerned is if the rental was illegal in the first place, and the landlord didn’t have approval from the board to rent the property.

      You can try to skirt by unnoticed for a while, but if the landlord realizes there is someone else living in the property, there might be consequences. As long as your roommate fully qualifies for unit, and is not trying to get out of the responsibility to pay, then it really shouldn’t matter what your credit score is. However, if you’re dealing with a property management company who has a set credit criteria for each roommate – regardless of the big picture (meaning, they can’t think of you guys has a group), then you might not get approved. It really just depends on the setup.

      If I were your landlord, I would be furious that my tenant moved-in someone behind my back. But if my tenant came to me, and asked to sublet or add someone to the lease, I’d totally let him – especially if there is an extra bedroom.

      Anyway, that’s just my two cents. I hope it helps. Good luck to you Rick!

  • Mickey

    I thought 3% was the maximum annual rent increase allowed. Has this changed? My landlord is going to increase 5%

    Thanks for answer in advance.
    Mickey

    • paula

      I have been in my apt. for 4 years..My rent increase has never been more than$25 per month. Just got an increase notice that on my new lease they want to go from $559 plus utilities to $639 per month plus utilitlies that is a $70 per month jump I that large an increase legal It is more that 20% thank you

    • Lucas Hall

      Hi Mickey and Paula,

      I’ve not seen anything in the state statutes that limit the amount of the increase. The only thing mentioned is the amount of notice that is required before an increase can take affect.

      Mickey, where did you get 3% from? Is there a statute or law that you are referencing?

      It’s possible that your local city or county has rules on this, but I haven’t seen any at a state level. However, I’m not a lawyer, nor a law expert. To be sure, you should talk to a lawyer and get actual legal advice.

  • tamia

    I rented a house in 2012 from a realtor and then the house was sold a few months later so now I have a new owner is and and a new lease and the realtor has contacted me via email stating that there was no communication between me and the owner and stated that that was a breach of the contract my # is still the same don’t the owner suppose to contact me isn’t there a privacy law or what do I need to do I left messages for the landlord but no responds yet

  • Karla Gonzalez

    Hello, I’m having an issue with my landlord. They went to check my apartment and found mild on the bath tub. They called my husband and told him about it and that they would fix it. My husband told her he noticed it last week when they went time set up the alarm that the person pointed it out to him . At that time the landlord told my husband that since he already knew it was negligence in our part therefor we would have to pay $800 to get it repaired. . Is this legal? I mean the one that told her was her own employee so my husband thought he would notify them and take care of it from there.

    • Lucas Hall

      Hi Karla,

      How bad is the damage? Usually mold in the shower can be cleaned up with a little bleach or other commercial cleaner. If it’s severe enough, it can extend beyond the grout and into the walls, but if that is the case, then it must have gone untouched for months. In that case, not cleaning the bathtub for months is negligence, and the tenant can be held responsible if the shower needs to be retiled.

      If it’s just a little mold, go buy some Tilex Mold and Mildew (or bleach), and put some elbow grease into it. No?

  • Kenneth Cook

    My rent is 900\mo and due on the first we gave the landlord 600 on the 26 of Feb for part of march rent and told them that we would be a few days late with the other 300. ..on the 2nd of march the landlord got a hold of us and asked about the rest of the rent we told her we didn’t have all of it but we had 150 dollars for her she could pick it up at my girlfriend work which she had done before she stated that she would be at the house at 6 to pick up all 300 of the rent we told her we only had 150 and she then said that she would send her brother in law to our house at 7 in the morning the next day to get all 300 for rent…she would take the 150 so do we still have to pay that 150 if she refused to take that part of the payment

    • Lucas Hall

      Hi Kenneth,

      The bottom line is that a tenant is responsible for the full rent amount, on the day it’s due. The tenant is also responsible to ensure that the rent is delivered. Sure, a landlord can opt to come pick it up, but at the end of the day, the tenant is on the hook to make sure that rent is in the hands of the landlord on time.

      So, in my non-legal opinion, if you don’t pay the full amount on time, you might incur a late fee, but you still owe the money. For future reference, a landlord can refuse any payment that is not “in full”, so it’s best to pay when you’re supposed to. I know life gets in the way, but that usually doesn’t hold up in court.

  • Dor

    I’m taking over a friends lease after living in the apt for 2 months , the 1 year term has ended and the management company asked for 10% increase in rent if moving to a month to month. Now my friend who’s on the lease moved to a new apt but still is on the new lease with me , the management company stated that if he isn’t living in the apt it’s illegal and gave us a bunch of reasons (the lady actually knew he rented a new apt with a different company).
    Is this illegal ? If not what can I answer that lady in the management company ?

    Thanks in advance

    • Lucas Hall

      Hi Dor,

      How can your friend sign a renewal lease when he has no intention of living there? Is he doing so, just to help you out?

      I can see why the management company would be hesitant to do a renewal with someone who isn’t there.

      Why can’t you just rent the place by yourself. Forget the renewal and sign a new lease. If you need to go find a roommate, do so, and then apply together.

  • faith harker

    I have been recently been served with an eviction notice that says I have a unauthorized dog on the premises which I do not own a dog only dog I had was my service dog that was papered licensed etc and was forced to get rid of her and that I have an unauthorized person living in my unit which also paid for the background check 2 months ago for the other person living with me. Landlord never told me that they did/didn’t do the background check. I’m in a rock in a hard place because I don’t know if I could fight this or not even when I do have records showing that I paid for the background check.

    • Lucas Hall

      Hi Faith,

      The first step is to have a civilized conversation with you landlord. Try to clear up any misunderstandings:
      1. You don’t have a dog, but you did allow a service dog there once, but now he is gone.
      2. You thought that you were given permission to move the other person in.

      Find out where you two disagree, and what the landlord wants you to do. If the person was never given permission (FYI, just because you paid for a background check doesn’t mean the person passed), then the landlord might ask you to kick that person out – or risk getting your lease terminated.

      Usually, you have to wait until you get written approve to move anyone else in.

  • Melissa

    What are the laws in Nevada regarding bed bugs in a rental home? And how often does the carpet need to be replaced?

    • Lucas Hall

      Hi Melissa,

      It probably varies by county or even city. Try googling “bed bug law in YOUR COUNTY/CITY NAME”.

      Generally speaking, the landlord is allowed to decided when a carpet needs to be replaced. I’ve never seen a state statute that regulates carpet replacement.

  • Brooke

    Hello – There’s been so many helpful responses on this blog post I thought it may be a good place to turn. Because my working/living situation was potentially temporary in NV, I signed a 6-month lease that automatically rolls over to month-to-month agreement with my landlord (who lives in the house with me). It states that the month-to-month agreement can THEN be terminated by either party with 30 days notice.

    However, I was just notified with no prior warning and no lease violations that the month-to-month turnover would not occur and I’m to vacate at the end of April.

    We went into this type of agreement because of my time in town being unknown. Short term lease options are few and this does not give me enough time to purchase a house either. Apartments are not an option.

    Aside from this there were other advertised things that were false: that he was moving to CA in Dec, that the hot tub worked, that I could use half the garage…

    What can I do here? Appreciate any help.

    • Lucas Hall

      Hi Brooke

      It’s nice to meet you.

      I will assume that your fixed term lease expires at the end of April. Apart from the unfulfilled promises re: the garage and hot tub, you seem to be most upset that you are not being allowed to go month to month. If your lease guaranteed that you could participate in a month-to-month lease at the end of the 6 months, then I would imagine the landlord would have to give it to you. However, most leases just present the option but don’t guarantee anything. You’ll have to read the exact wording very carefully.

      Even if you do get to exercise a M2M lease, since he only has to give you 30 days notice, it will be short lived. In the best case scenario, you only get to extend your stay by 30 days. Is that really worth fighting for?

      It seems like it would be wise to hurry up and find a place (though difficult) so you can move on your own terms rather than at the last minute due to the deadline.

      • Brooke

        Thanks so much Lucas. I would be happy to find a place or sort out whether I’m going to move out of state but even that extra 30 days would be helpful in either case.

        And yes the lease exactly states:
        Said lease shall commence on _1 Nov 2014_ and terminate on _30 Apr 2015_, unless terminated earlier by Landlord based upon Tenant’s default of this agreement and in accordance with the laws of State of Nevada. At the expiration of said term this lease shall become a month to month tenancy; for an additional $100.00 a month + Rent, either party may freely terminate this tenancy upon the serving of a 30-day written notice in advance.

        See other comment about additional questions.

  • Brooke

    I re-read this and have another comment.

    So if a landlord did not have “verbiage in the lease that summarizes the rule NRS 202.470 – Maintaining or permitting nuisance: Penalty (NRS 118A.200)” or provided a COMPLETED and signed
    move-in checklist stating the inventory and condition of the dwelling at the time the tenant takes possession. (NRS 118A.200)… was the lease valid to begin with?

    What if a landlord acts in retaliation by terminating tenancy/refuse to renew after a complaint about an amenity that doesn’t work and his use of storage space that was promised to the tenant?

    Can a landlord terminate tenancy because a dog had occasional accidents on tile kitchen floor that caused no damage? (Pets have caused absolutely no damage to the house or carpet)

    • Brooke

      The renewal (though verbally confirmed on many occasions) was not at risk until the moment I complained about the hot tub and garage. I was served with my notice within 24 hours.

    • Lucas Hall

      Hi again,

      Most of the time, on unlawful provision or lack of required provision won’t void the entire lease, especially if they have a severability clause in it. But I’m not a lawyer so please check with an attorney.

      Retaliation is a serious accusation but only valid under specific circumstances. Click though to the statues in the section above to learn more. Complaining to the landlord about a unfulfilled amenity is probably not on the list.

      Ongoing property damage is a valid reason to terminate the lease but as you said, your pets didn’t cause any damage.

  • Christina

    Hi Lucas,
    We began renting a house in June. We pay our rent to a management group. In Oct, someone came out for an inspection of the house and yard per the lease. She said that the sprinkler system timer was good and to leave everything as it is. We water every day. In Feb we noticed that a tree looked brown, and notified the management group that the sprinkler head seemed clogged. Someone then changed all the sprinkler heads in the back yard (they were clogged with dirt). Now the HOA is sending letters to get the dead tree removed and replaced–the management company has given us two days to do this at our expense. Our lease states: “Tenant shall maintain any surrounding grounds, including lawns, yards, and shuddery, keeping the grounds clear of rubbish, weeks and/or clutter. Grass and shrubbery are to be maintained and irrigated according to SNWA guidelines and/or as needed. ” The dead tree could be due to lack of water or disease. Do we have any recourse?

    • Lucas Hall

      Hi Christina,

      In my non-legal opinion, I don’t think you did anything wrong. As soon as you noticed it, you reported it, and they came out to fix the issues.

      You could argue it, but in the end, you have to decide if you are willing to go to court over it.

  • amber

    Hello, I am about 7 months into a year lease. first set of neighbors(in a duplex) were drug dealers & using drugs but were evicted. 2 months later another couple moved in & all they do is fight, throw parties & use drugs(the walls are thin).Random people coming & going from the house. that is not an environment i want to live in dealing w/ loud parties,(have complained several times)&now known drug activities. I need to break my lease w/o fees & find a better place away from all of this. the landloard has been harassing me because i am a younger renter, but always pay on time. i have emails, voicemails & notes about all incidents . she refused to fix my dryer vent causing water damage to the property &my own property + creating unhealthy breathing air. took 2 months of arguing to get it fixed finally. landloard wont help fix my neighbor complaints & only is very rude/threatening to me saying that I can’t break my lease & got mad because I told her boss how she was behaving towards me.

    • Lucas Hall

      Hi Amber,

      While you do have a right to quiet enjoyment, it’s tough to break a lease for “noisy neighbors”.

      One of the best ways to get the landlord’s attention is to call the cops on the neighbors when they are clearly creating a nuisance. If the police come a few times, they will start to fine the landlord for not keeping his tenants in check.

      If you want to break your lease, I suggest you hire a lawyer (or get see a free legal aid provider), and ask them to help you write a letter that will force the landlord to let you out of the lease.

  • Rachael Jasso

    Hi, I am in high hopes that you will have some advice! My family moved here (Las vegas,NV) May of last year 2014. I am on section 8 housing, and it took quite some time to get our house ready & finally pass inspection. The house had several issues, & failed initial inspection, & scraped by 2nd. There has been several issues since ,that we kinda learned to live with… Our lease was officially signed in July and was for 1 year. I sent landlord a msg fri 3/13/15 letting him knw I turned in my re-certification and continued occupancy packet, & for inspection I needed to have my kitchen sink fixed (where the water comes out broke off… so it sprays straight up unless we engage sprayer) I told him the day it broke in Dec. The bathroom sink wont drain & nds to be repaired. He replied he is no longer interested in renting to me because he is selling place and fill file 30 day notice on Mon 3/16/15. I am in a panic! My husband is disabled, & I have 3 little ones. Can he legally do this? Thx

    • Lucas Hall

      Hi Rachael,

      Generally speaking, if you have a fixed-term lease, then it won’t get terminated with the sale of a property. The new owner will become your new landlord, and you’ll be allowed to finished out your lease. This is because your lease is tied to the property, not the owner.

      However, if you have a month-to-month agreement, or a provision in your lease that terminates upon the sale of the property, then you might not have any recourse.

      Here’s a podcast episode I did on the topic. http://www.landlordology.com/ask-lucas/006-lease-termination-at-sale-of-property/

      Please know that I’m not a lawyer but rather just an experienced landlord. This is not legal advice.

      • Rachael Jasso

        Thank you for your reply! OK, so I had a couple more questions if you would.
        I spoke with housing/section 8 and they advised me that our lease is not up til July 31, 2015, I sent My landlord a msg and explained what she had said. He didn’t reply, but I got a 30 day notice to vacate dated 3\23\2015 “NO EXTENSIONS” the next morning! I am terrified that we re going to end up on the streets! My husband is disabled, and we have 3 little ones! I sent u a msg abt a week or so ago, when all of this started. It began The day I snt my landlord a msg saying I had turned in my recertification and continued occupancy paperwork. In this msg I also told him that before my inspection he would need to fix my kitchen sink(the spout is broken, and shoots water straight up in the air evry time we turn it on. This request was made to fix sink in November 2014) I just wanted it to be fixed by inspection time. He responded that he wasn’t interested in renting to me anymore because he was selling the place.

        I am just looking for advice! I don’t want my family to end up homeless because of this! I also don’t want to cause any trouble with landlord… He can become nasty if upset, and I don’t want to risk loosng me housing/section 8 either! I am ok with moving, I just need to know what to do, what my options are. Any advice would be greatly appreciated! Thank you!

        • Lucas Hall

          Hi Rachel

          Do you realize that the landlord can’t “kick you out”? It’s illegal to change the locks or shut off the utilities in order to force you out. If he “terminates your lease”, and you refuse to vacate because it was wrongful of him to do so, then his only legal option is to take you to eviction court. If that happens, you should get an opportunity to tell your side of the story, and perhaps the judge will find you innocent and allow you to stay.

          Generally speaking, landlords can’t just terminate a lease early because they are selling the unit. It doesn’t work like that. A lease is supposed to remain intact even if the ownership of the property changes.

          You should probably continue to utilize the Section 8 counselor and any legal resources they have. Further, you could reach out to a legal aid service provider in your county to get actual legal help for free or a discount. I’m not a lawyer, so please don’t take this as legal advice. Good luck to you!

  • Daisy Tamez

    My tenant just told me on March 10th that she will be moving out because i am thinking of selling my house. She did not like the idea. Since she wants to break the lease, and I don’t mind, can I ask her to leave earlier? She does not want me to take my Realtor for an inspection for house value. She wants me to wait until she is officially moved out, which will be April 30th. I do not want to wait that long to put it on the market. What can I do?

    • Lucas Hall

      Hi Daisy,

      Generally speaking, a landlord or tenant can’t break the lease just because a property changes ownership. Even more so, neither can break the lease because of the “idea” of selling the property.

      However, as with any contract, it can be modified or terminated if both parties agree to do so.

      Honestly, from one landlord to another, she has no say in this matter. You are free to sell your place, and show the unit, without her approval. You and any agent simply has to give proper 24 hours (NRS 118A.330) before entering. She can’t stop you. You don’t even have to allow her to break her fixed-term lease if you don’t want to.

      Please know that I’m not a lawyer, and this is not legal advice. But, it’s your property, and you have a fixed lease. She doesn’t get to make demands or break the lease.

      Here’s a podcast that I did on the topic: http://www.landlordology.com/ask-lucas/006-lease-termination-at-sale-of-property/

  • Jennifer Anderson

    we have no rental agreement and want to move. How much notice do we have to give? Rent is current.

  • Gary

    My sister has been renting a house from a woman living in California, however recently she has been dealing with the landlord’s daughter. The daughter has raised the rent 2 or 3 times by $50 already and has just told my sister that the mother is dying and wants to raise the rent another $555 which she is claiming should have started last month. There was never any written notice given for any of the increases, and now my sister is scared she is going to be living on the street with her 4 kids because she doesn’t have the funds to find new place in a week. Can the landlord’s daughter do this?

    • Allan

      I believe that Nevada Law requires a 45 day notice to raise rent on a month to month lease. It is 45 days to the next payment. Thus if rent is due on the 1st and you received notice on April 1 the rent raise is effective June 1. This is because May 1 is only 30 days and your next rent is due June 1. Lucas I am sure can check and let you know. I am not a lawyer so this is not legal advice.

  • rich fraley

    Hi Lucas i’m the owner of a home in Fallon, nv. I recently took a job back up there , but I have a year rental agreement that runs till January 1 2016. I would like to know if I could reclaim my house for the pourpose of my employment. Thanks Rich

    • Lucas Hall

      Hi Rich

      Generally speaking, a landlord cannot terminate a lease early just because he/she wants to move back in – regardless of the reason.

      Exceptions can be made if this situation was pre-approved by the tenant in the lease.

      Anyway, that’s just the general consensus and your local laws may vary or might give you additional rights. I’m not a lawyer and this shouldn’t be considered legal advice.

      If you can legally terminate the lease early, you could always ask your tenant if they would agree to an early termination, or pay them a little to move.

  • Rainroberts

    I am property manager for friends condo in Henderson. Tenets rent was due on 03/5/2015 I served a 5 day notice on 03/06/2015 for 1575.00 . Tenant wrote a online check on the 03/12/2015 which was returned not paid on 03/19/2015 . They wrote another check online on 03/19/2015 . If the last check returns on 3/26/2015 the balance will be 1875.00 including returned check fees. Do I have to file another 5-day notice ? Or can I file the eviction on the 5-day notice from 03/06/2015?

    • Lucas Hall

      Hi there,

      Generally speaking “payment” only is credited if the check clears. A bounced check is worth nothing, and certainly doesn’t count as payment. Tenants don’t get credit for “trying to pay”.

      In my NON-LEGAL opinion, I don’t see why you would have to file another 5 day notice. If I were in your shoes, I would just file the eviction case, and be honest with the court clerks about the situation – and see if they had any words of wisdom.

      Again, this is just my two cents – not legal advice.

  • Hayden R.

    I recently took over a PM position from someone who was forced to resign. One of my tenants was a friend of the previous PM and did illegal activities for this ex PM which included collecting rents, posting notices and other things a non permitted agent can’t do. This tenant is mad about her “loss of income” and has been filing complaints with the R.E. Division against the broker for bogus reasons. I have had to enter the tenants home 2x in the last few weeks for inspections since the place is up for sale. This tenant has been leaving me rude phone messages about content in the notices, how I am doing them wrong, etc… and how she will file a complaint against me now with the division. What is my recourse? Can I send her a certified letter asking her to communicate through email only unless it’s a maintenance emergency? Or would this be considered retaliation? Her lease does not expire for another year.

    • Lucas Hall

      Hi Hayden,

      I’m sorry that you have a deceitful tenant.

      I don’t think regulating the form of communication would be considered retaliation – further, the reason you are wanting to change the comm method has nothing to do with a protection action on their part.

      Check NRS 118A.510: Retaliatory conduct by landlord against tenant prohibited; remedies; exceptions.
      http://www.leg.state.nv.us/NRS/NRS-118A.html#NRS118ASec510

      With that said, please know that I’m not a lawyer, and this is not legal advice. I suggest researching the statute above yourself, and the consulting with a lawyer if you have any questions.

  • Kami

    Hello, I recently moved here from another state, upon signing my lease March 4th, I was not given a copy of my lease one. When asked management for it she said she will give it to me still has yet to do so.Second several things in my unit need to be fixed including a broken window, the ac in which keeps playing out, my refrigerator has gone out as well but was fixed that is the only thing that has been fixed since move in. I requested bars on my windows like the other units and nothing has been down, now I’m just getting the run around from the management . So my question is what do I do?

    • Lucas Hall

      Hi Kami,

      I suggest documented all that needs to be fixed. If you didn’t perform a move-in inspection, do so immediately. Then, you’ll have proof of the condition it was in when you moved-in.

      If the repairs affect habitability, then you can notify the local housing authority in your county and file a complaint. The broken window is the only thing that struck me as essential. Bars on the windows are nice, but not a requirement for habitability. And the window unit just needs to be replaced.

      Anyway, that’s what I would do. I’d keep bugging the landlord (the squeaky wheel gets the oil), and then contact the local housing authority. They may send out an inspector, who will document everything, and then fine the landlord if necessary.

      Please know that I’m not a lawyer, and this is not legal advice. Please do let me know how it goes!

Join the Discussion

Your email address will not be published. Required fields are marked *

 characters available. Be short, sweet and to the point.

Landlordology is a moderated community.
If you want your photo to appear next to your comment, create a Gravatar.

Get Updates by Email

Join Thousands of Landlords