Nevada Landlord-Tenant 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
  • 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 disclose and explain any non-refundable fees (which are allowed) or non-refundable deposits in the lease agreement. (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.

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341 CommentsLeave a Comment

  • Betty

    Hi I am betty, can my family member that I live with (No Contract) sell the property and ask me and my kids to move out in 9 days? She put property for sale last year with out notice that we will have too move, she got an offer and again did not let us know. Am I entitled to a 30 day notice as of the day of closure of sale.

    • Lucas Hall

      Hi Betty,

      If you don’t have a rental agreement (verbal or written), and don’t pay rent, then you are only a guest. Guests don’t have as many rights as tenants. I’m not a lawyer, so please don’t consider this legal advice. I have no idea how much notice is required, if any, since you are not a tenant.

  • Crystal Lewis

    Hello. I’ve had 2 deaths in my family this month. Very costly. I put in my 30 day notice to move on the 1st. However sudden deaths took the funds needed for the last month’s rent. I called the company and asked ifi could pay them off even if in a payment plan. I explained my situation. The said no problem and that the main guy said to email him on detail what happened and when I could pay. I did that. Hood tapings was cut and dry “Sorry we can’t accommodate you -Jon” I was evicted and I’m wondering about my security deposit. Can they keep it? Can I use it to pay what I owe? Help I’m so stressed. -Drained Living in Reno, Nevada

    • Lucas Hall

      Hi Crystal,

      The security deposit can be used to compensate the landlord for financial or material damages. It can be used to pay for repairs to damages that you caused, and/or to cover unpaid rent or fees.

      If the deposit doesn’t cover all the damages, they will send you a bill to pay for the rest. If the charges are legit, and you refuse to pay it, they may either take you to small claims court, or sometimes professional PMs skip the courts and hire a collections agency. Either case is bad for you.

      My suggestion is to try and settle up with them as best you can. Whenever you do work something out, and pay your debt, be sure to get a statement that says “settlement in full”.

      Please know that I am not a lawyer, and this is not legal advice. I’m just a landlord trying to help :)

  • stacy

    My roommate file a 3 day nuisance and property damage against me for putting a hole in the door. When ever he drinks he likes to bang on my door and I go out there to see what he wants he starts and argument .then when I tried to talk to him he went to slam the door in my face so I put my foot up so the door didn’t hit me in the face and that’s how the hole in the door. Then I got served with a 5 day unlawful detainer. When never see each other unless in crossing . Everything in the apartment is mine even his bedroom stuff he let’s his dog pee and poop every were and half the time he doesn’t clean it up the dog has also peed on the bed I let him use on my couch and tv there’s dog poop all on the balcony and on the sliding door to the balcony dried up dog poop and pee. He let’s his friends come in and war my food and so does he please help need some advice

    • Lucas Hall

      Hi Stacy,

      I’m happy to help but I don’t really understand the situation. How could your roommate give you an unlawful detainer notice? Is he also your landlord?

  • Teressa

    My son moved in a town house 3 months ago and it had a broken water heater a broken stove and a water leak due to a toilet not being properly sealed when it was installed and no filters in vents. Lot’s of other issues but those are the majors. Anyway the management company said it would reimburse when all the repairs when complete and repairs are still not completed. Parts of stove were fixed but it’s still a fire hazard and can’t be used the filters are still missing. He is still paying rent on time every month since he moved in. What should he do at this point? Any advice would be so appreciated

    • Lucas Hall

      Hi Teressa,

      Thanks for your question. I’m sorry your son is having to deal with this.

      What do you mean the management company said they would reimburse him??? All this should be paid for by the management company in the first place. If your son is paying out of pocket for this, he’s going to have an even harder time getting them to pay him back.

      My suggestion, if I were in his shoes, would be to write a “demand letter” stating that the place is not habitable in its current state – no hot water, sewage leaks, no working stove, etc. I would “demand” that they fix everything within 10 days or I would be terminating my lease for inhabitability and seeking further damages in small claims (check the statutes or talk to a lawyer because the requirement might be as little 5 days)

      I would pay $50-$100 to get a local attorney to send the letter on their letterhead. That’s also a good time to get real legal counsel.

      Often times, you just need to wave a big stick in the air in order to motivate them to take action.

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