Nevada Landlord-Tenant Laws

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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
  • 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
  • Require Written Description / Itemized List of Damages and Charges: Yes
  • 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
  • Tenant Allowed to Repair and Deduct Rent: Yes
  • 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
  • Notice to Terminate a Lease – Week-to-week: 7 days
  • Notice of date/time of Move-Out Inspection: No Statute
  • Eviction Notice for Nonpayment: 5 days
  • 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
  • Utility Shut-offs Allowed: No

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.

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Discussion...

  1. Green Vally Country Club Apartments in Nevada are trying to charge me almost $4,000 for nonpayment, damages, and late fees. I brought on a roommate half way into the lease and signed a roommate add-on addendum (notarized). The roommate continued paying his portion of the rent and everything was fine. I gave my 30 day notice to vacate and end my lease in May 2013, 30 days prior to the end of my lease ending in June 2013 as per lease agreement. I also signed (and notarized) a release of roommate agreement that forfeited my security deposit to release me of liability for the lease agreement. I had multiple email conversations with the property manager explaining I wanted to be released of the agreement and my roommate could take over on month-month if he desired or workout a deal however they wanted. She acknowledged receipt and even acknowledge receipt of my keys (via phone). Important to note, in my e-mail correspondence I asked if there were any other procedures I needed to follow to get off the lease, her response “nothing more for you to do.” Fast forward to February 2014, I received a notice to pay above mentioned amount by March 3, 2014 or my account would be sent to collections and accruing a negative credit report and possible legal action after. After sending over the notarized agreements (notice to vacate, and release of roommate, as well as email correspondence) the accounting department said, because the roommate never signed the release I am still financially responsible for this. When asked why she said I had nothing more to do in her email, she replied “there was nothing more for you to do, just your roommate.” when asked why I was never notified that he did not sign she replied, “that is not our job.” I have threatened legal action and would like to know my rights and possible solutions to the problem. PLEASE HELP!!

    • Stephanie says:

      Hi Kevin
      I’m currently having issues with this same apartment complex. See my comment posted about a month ago. They are charging me for late rent which I wasn’t late. I’ve tried to get someone from the leasing office on site and from corporate to contact me regarding this false charge and after sending weekly emails and phone calls for 3 months I’ve yet to have someone talk to me about it. This company is the worst I’ve ever dealt with. I can’t wait to get out of here!

    • Hi Kevin,

      I really dislike unorganized and lazy leasing offices. They give good landlords a bad name. They are not doing it to be mean or unjust, they just don’t have the capability to look the big picture.

      Why is there 4k in nonpayment charges? Did your roommate not pay rent after you left? Seems like he took advantage of the situation.

      If your lease naturally expired in June, then they would need your signature to renew it. Without it, I don’t see how they can hold you responsible past June.

      When you’re dealing with a bully, sometimes you have to beat them at their own game.

      Unless you’ve already paid money that you didn’t owe (i.e. damages), then you can’t really go to small claims.

      If I were you, I would contact a local lawyer, and send have them send a demand letter. Your ‘demand’ is that they can keep your deposit, but they must waive all other fees because you lease ended in June. The lawyer will probably charge you $150 to write and send that letter, but that’s better than 4K.

      Maybe you and Stephanie can pair up to use the same lawyer and get a discount.

      If the complex doesn’t let off, you’ll have to take them to a court higher than small claims.

      Also, consider buying ID Theft insurance (do it today). If they wrongfully ding your credit, you’ll need sorting it out. I personally use Zander Insurance and like them a lot. Before you buy, make sure the’ll help with wrongful credit charges vs. just ID theft. http://www.zanderins.com/idtheft/idtheft.aspx

  2. Hello,
    I have a question. I am currently living in Las Vegas, and renting an apartment through a management/leasing agency. We signed on for a year lease which is up in June. In the past month, a neighbor has been sexually harassing my roommate (no, they don’t know one another.), she’s had an anonymous inappropriate letter left on our door, and my car was broken into while it was parked in my designated spot. Two police reports have been filed…one on the harassment, and the other on my car. They’re allowing us to break our lease, which they act as if they had a choice, but making us pay a huge termination fee. Is this legally allowed? Are we missing anything? I understand there’s usually a termination fee, but this is a different situation. Our safety is involved.

    Thank you!
    -Ali

    • Hi Ali,

      I’m sorry that you’re going through this. It is scary when you feel threatened.

      However, I don’t believe the landlord “has” to let you out of the lease in your situation. In some states, a tenant is allowed to terminate a lease once they have been awarded status as a domestic violence victim by the courts, but Nevada is mute on the matter.

      Unfortunately, just because you filed a police report and claim your safety is in jeopardy doesn’t get you out of the lease. I could be wrong, but in my research, I didn’t find any clause that allows your termination without penalty.

      Termination fees are totally allowed, and very common, but are usually spelled out in the lease. However, even the lease doesn’t have an early termination clause, the landlord can still offer one to you.

      I’m not a lawyer, so if you think there really is a law that allows you to terminate a lease because you filed a police report, then you should talk to a lawyer.

  3. Is a residential landlord required to pay the lease for a propane tank on the rented property? There is no requirement in the rental agreement for the tenant to pay for this.

    • Hi AC

      Usually the responsibility for utilities is spelled out in the lease. I don’t know in what capacity you use propane gas, but usually the cost of any form of heating fuel is the tenant’s responsibility since it is the tenant who burns through it. The landlord is responsible to ensure the means of heating a home (all the necessary parts and equipment) but not responsible for the fuel – unless it says so in the lease.

      • Propane is our only heat source. I have paid for the propane, but switched to another company, in order to save some money. We had to end the lease with the other company, and install a new tank with the new company. The landlord agreed to everything, but now we have to put the lease of the tank under our name, and pay for the fee. If he is required to provide the equipment such as the tank, can we hold the amount we paid from this month’s rent?

        • Hi,

          I would think that the landlord is responsible for providing the tank, and you the fuel. But because it’s a rental tank, I can see how it would be considered to be part of the fuel surcharge. I’ve never had a propane tank so i’m not familiar with the way that service works.

          If propane is the only heat source, your landlord *should* just buy a permanent tank because he’s going to have this problem year after year. Seems silly not to.

          No, unless the landlord agreed to paying for a new rental tank, you can’t force him to pay for it or withhold it from rent. It was your decision to switch providers. I don’t see why the new company can’t use the old tank – which would have been part of your consideration before switching.

  4. sunshine says:

    Help I am stuck in a sticky situation….I know in california you are able to use your security deposit if you can not make the rent Can you do that here. Also The house we rent has had so many problems and when we first moved in the whole house flooded due to a shady guy named doug who called him self a repair guy now when the insurance agent showed up the landlord introduced me as her room mate why? Is the home I am renting not listed as a rental why am I lying to cover for her when the land lord left the home owners insurance lady asked how much time i worked to clean up the mess and was supposed to send a check to the land lord to be cut to me for my work I never received it.
    I feel like there are so many lies and also i have yet to receive one rent receipt in the 8 months that I have been here

    • Hi Sunshine,
      The security deposit should never be used by the tenant to pay rent. It’s only used at the end of the lease to cover any damages, or unpaid rent, but it should never intentionally be used to cover rent.

      It sounds like your landlord doesn’t want the insurance company to find out that it’s not a homeowner occupied house. Your landlord might think that his premium will go up if they find out – which is not always the case. My insurance premiums stayed the same after I switched my policies from being “homeowner occupied” to “renter occupied”.

      If your landlord refuses to give a receipt, then you should pay with a check or money order – or something that gives you proof that you paid rent.

      If you feel like he is stealing money from you, you can take him to small claims court.

  5. Jody Lepore says:

    I’m an employee of a Federal Agency. I just signed a lease after giving the complex monies for the background check and such. I informed them that I may have to break the lease if I get transfered back east in a few months. I was told they need 60 days notice and I’m responsible for the 2 months rent, as well as $700+ dollars for breaking the lease. I was informed of the $700+ when I showed up to sign the lease before driving to another state to get my belongs. I was never informed about this $700+ prior to submitting my application to the complex, but I did ask prior about having to break the lease and they ONLY TOLD ME two months rent would be what I would pay. Is this legal. I have no proof they did not tell me about the extra $700+ to break the lease. I feel I was side blinded after I paid the application fees. This doesn’t seem fair. I have no problem paying the 2 months rent prior to my departure, but this $700+ suprise I am not happy with and seems “questionable practices” to me. Any advice or suggestions?

    • Hi Jody,
      Unless you are covered under the Servicemembers Civil Relief Act (SCRA), and are going into active duty, have received permanent change of station (PCS) orders, or orders to deploy, your status as a federal employee doesn’t have any weight against your residential lease.

      In this type of situation, you have to go by what your lease says. Both the 60-days notice, and the $700 termination fee should be listed in your lease. If it’s not, or it’s not some sort of schedule of fees that you signed, then you wouldn’t be obligated to pay it. However, most apartment complexes have bullet-proof leases – so you are stuck executing the terms of the lease that you signed and agreed to.

      It doesn’t really matter what the leasing office rep told you (or didn’t tell you). All that matters is what is in the lease. I know that you feel surprised and lied to, but I wouldn’t really call it “questionable practices” unless they didn’t allow you an opportunity to read what you were signing”.

      My suggestion to you:
      - Ask if you can get your work to pay for some of it, and call it “moving costs”. Besides, they are the reason you have to break the lease anyway.
      - Try to negotiate with the leasing office. Perhaps if you find them another replacement tenant, they will allow you to vacate early without consequence.
      - Don’t try to stiff them, they will ding your credit and sue your for the cash. Leaving them with the bill will only hurt you more in the long run. As a federal employee, you need to stay out of trouble if you have a clearance.

  6. Patty Smith says:

    I have rentals’ in Nevada and would like to keep up on any new changes in laws. I just found this Web site that’s looks interesting to me! This site provides me with a lot of useful information to use when dealing with at time difficult tenants.

    • Hey Patty, I’m glad you found this useful. Just an FYI, I’ll update this page as I hear about updates to laws but in no way is this page guaranteed to be 100% current. The links to statutes are the best way to see the most up-to-date laws.

  7. My lease states that my landlord pays the water, I got a little behind on my rent, and he shut my water off on a Friday. I had to go all week-end without water. If I wanted water he told me to put it in my name. Can he do this? What can I do?

    • Hi Cindy,

      No, he can’t shut the water off under any circumstance. But I suggest you call the utility company and put the bill in your name just to avoid any more conflict.

      Sure, your lease says he would pay for it, but it also says you would pay rent on time. You broke the contract first.

      Take responsibility for the water and then settle up on the rent. If you pay all your back due rent and late fees, maybe he’ll write you a check to cover the water bill for the rest of the lease.

  8. I just received a letter from my landlord. It says that I owe him 1,050. back rent for the past 3 months. He never sent me a letter that it was going up. He accepted my rent the past 3 months. (500.) NOW he says it’s (850.) Can he do this? What do I do?

    • Hi Cindy,
      According to Nevada statute 118A.300: “The landlord may not increase the rent payable by a tenant unless it serves the tenant with a written 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, advising the tenant of the increase.

      So, any rent increase that doesn’t follow this law, is not a valid rent increase, and he would lose the argument in court.

      If he’s not following the law, then just show him the statute and say “i’m not going to pay it”.

      Keep in mind, I’m not a lawyer, and this is not legal advice. Use your common sense, and try to follow the law as best you can.

  9. FuturePhd says:

    Hi Mr. Hall,
    I am in a bit of a tricky situation and am curious as to what options I might have. Our house, that we rent, has a fairly decent sized backyard which also has a pool. Due to the age of the home and the pool, it was grandfathered in to the current pool laws in that it doesn’t need a pool fence. My landlord and I made a verbal agreement that he would have the backyard re-done the way I suggested. This was so that the back could be more useable and open, and we would not have a pool fence up as my husband and I do not have any children. In return we would take over the pool cleaning fee and he would increase our rent $100/mo. It is now 6 mos. later and he just installed a new pool fence dividing the backyard and making it essentially unusable. He also has created an amendment to the lease stipulating that the pool fence must remain up at all times. According to NRS Statutes, verbal agreements are recognized and with his recent actions he has essentially negated our original agreement. My question is am I allowed to ask my landlord to reduce our rent and take over the pool cleaning bringing the costs to what they were before our original agreement? Thanks for your help!

    • Hi there,
      Of course you’re allowed to ask him to take over the cost of cleaning it, but I have no idea if he’ll agree to it.

      Yes, he seems to have violated the verbal agreement, which would make it null and void. I think you have a strong argument to not honor any part of the verbal agreement – however, I can’t tell you if a judge would agree to it – because you are indeed getting some value out of the renovations – albeit not what you had hoped.

      • FuturePhD says:

        Thank you for your swift reply. One final question, there’s not any stipulation in our current lease regarding what would transpire should we desire to break the lease, also it is my understanding that there’s not a specific NRS statute dictating how long of a notice you are required to give to a landlord before you leave. Can you verify this as well as provide any other information you may know of regarding potentially breaking a lease…I’m not sure we will be doing this but it is good to know your options. Again, thank you for your time and the information you’ve provided!

        • Hi again,

          If your lease doesn’t provide the instructions for breaking the lease, then there isn’t an option for you to do so. If you decide to vacate and stop paying, the landlord can come after you for any unpaid rent.

          He has to make a “reasonable effort” re-rent it, but that doesn’t release your liability if he fails to find another tenant. Read section 175 http://www.leg.state.nv.us/NRS/NRS-118.html#NRS118Sec175

          Breaking the lease is a grace, not a right. The courts will hold you to the contract that you signed.

  10. Mzfionalove says:

    My lease was up on Nov 30 2013, there was new lease giving. I had no idea that i would have to move until Feb. 1, 2014 when the landlord called me and said i need to be out of the house by 3.10.2014, because her brother was going to be moving into the house. I did not recieve a 30 day written notice and was rushed to find another place. We did a walk through and expcept for a spot in the laundry room that was all there was to be repaired. Before I left I said is there anything else he says no everything looks fine even the backyard. I said ok if you take anything out of my deposit please send me the invoice to, Landlord said ok there should not be a problem getting your deposit. A few days later I get a nasty email saying that i ruined the carpet with my dog ( 6 pds) I explained that the carpet was ruined before we moved in due to the fact that your previous tenants had 3 dogs. anyway a day later his wife calls and harrass me about the carpet and how she let me live in her house. I said the carpet need changing along time ago, she let me know that the carpet had been in the house over 10 years. As of today my deposit has not been returned. Remind you they are charging me the extra rent too. When that was never discussed and the last thing is the brother did not move in the house and the house was up for rent the next day. He can only rent it for 5 or 6 months since that is when the brother is suppose to be her from Cuba. Sorry so long but needed some answers that I have not been able to find.

    • Hi,

      You are correct in that your landlord needs to provide you with an itemized list of deductions. If you did a walk-though, hopefully you have some sort of documentation that shows the condition when you moved-out. Otherwise, it’s your word against his.

      The natural life of a carpet is 5-10 years, but there are exceptions. If you damaged it, then you should be responsible for repairing it. The landlord can’t charge you for normal wear and tear. Just because a carpet is 10 years old doesn’t give the tenant the right to trash it. However, it sounds like the previous tenants damaged it, not you. Hopefully you have some sort of documentation to prove the move-in condition.

      If you feel like the landlord is wrongfully withholding the deposit, then you should take him to small claims court. Check with your local county or city and they can help walk you through the process. It’s usually really inexpensive and you can represent yourself. Remember, before going to court, make sure you have evidence, or your case will get dismissed.

      • Mzfionalove says:

        I’m sorry but should I have been served with a 30 day move out notice or the call was sufficiant?

        • Hi,

          Yes, you should have been served a 30 day written notice. Your landlord messed up. However, because you acknowledge the phone call on Feb 1st, it’s going to be hard for you claim that you didn’t know.

  11. Treybear20 says:

    Can I asked the landlord for copies of the actual estimates from the move out amounts quoted to me.

    • Hi

      Your landlord should provide you with copies of receipts as part of the itemized deductions. If the work hasn’t been done yet, an estimate will work.

      After all, if he’s forcing you to pay for it, then you should have a receipt. That’s how business works.

  12. R Drewers says:

    What Nevada laws govern removing a resident, where there is no rental agreement either written or oral? I do not think this would qualify as a Tenant at Will because the resident is not a tenant.

    • Hello,
      I don’t know the full extent of your situation, but if the person has been living in your unit, and you have been accepting payment, then that person is a tenant – regardless of having a written or oral agreement.

      Even if you have not accepted payment, that person may still have rights if you have allowed that person to make the property their home.

      Your best bet is to give them 30 days notice to be safe, or talk to a licensed attorney in your area about your other options.

  13. Hi… My daughter is in a 12 month lease in an apartment. Her dryer has not worked since she moved in…The maintenance has come to fix it at least 7 times. I myself have seen them work on it 2 times. Her and her husband have been in the apt since the first week of November. Almost every time they take the dryer apart and clean out the vent…It takes 3 times of running it a full time cycle to get one load dry. They are not overloading it either. Last week the dryer smelled like it was on fire. They came and cleaned out the venting again and it still does not dry the clothes once again. For 2 months they have had bugs in their pantry and who knows where else and have had all their food that they did not have to throw away out on their table because the bugs are getting into the food. I had them spray and bleach and the bugs were there the next day. Now the landlord had Terminix come out and they said they are carpet beetles? The Terminix was there the week before but said they didn’t see any bugs so they didn’t spray. Now the apt maintenance people had vacuumed them out with the vacuum they were using to clean the dryer vent, but assured my daughter that the bug guy was there right then and even took one of the bugs to show him…but they didn’t spray. I think it is time to get out of the lease. What are your suggestions? Thanks

    • Hi Cathy,

      In order for a tenant to terminate a lease, they need to show:
      1. That the landlord is not providing a habitable dwelling (which can be arguable with the bugs), or
      2. The landlord isn’t providing the services in the lease (a lease violation)

      Check your lease to see if it specifically mentions that the landlord will provide a dryer.

      In Nevada, the landlord can give a 5 days notice of lease termination for a lease violation. The tenant then has 5 days to remedy the problem to avoid lease termination. I don’t see why the tenant can’t send the same notice to the landlord if he/she is in violation of the lease. (NRS 40.2514, NRS 40.2516)

      If you do send a notice, you should specify your demands – i.e. what it means to “remedy” the problem. You can’t say “i want a new dryer”, but you can demand to have one that dries clothes in a reasonable fashion without breaking 3 days later – but only if the lease says the landlord is to provide a dryer. The assumption is that it’s a functional dryer. Be prepared to move out immediate if you do terminate the lease – and you might have to fight your landlord in court if he disagrees with it.

      As for the bugs, it’s always tricky because both parties can blame each other for them. Your landlord has made fair attempts to get rid of them, but unfortunately it didn’t work. Does your lease say anything about this?

      If I were you, I would document (with pictures and videos) every bug you find. That way you’ll have photos to show the exterminator. If it gets bad enough, you can claim that the unit is inhabitable, and get the city involved. I would think that you need them, in this situation, to claim inhabitability.

      Keep in mind, I’m not a lawyer, nor is this legal advice. I’m just an experienced landlord. Check with a licensed attorney in your state to get real legal advice.

  14. Mzfionalove says:

    If my lease has expired does that make me an at will tenant? I can not find any laws pertaining to a 30 day notice

  15. I live in the Green Valley area and I have a neighbor that is leasing his home. Last Monday I had new concrete put in my backyard. A few days later water started coming under the block wall dividing the two properties and effecting the new concrete. It looks like an under ground sprinkler line leak. The tenant called the PM company but they are refusing to address it, stating the tenant is responsible because they maintain the landscape. Isn’t that considered a repair and fall on the landlord? I also talked with the PM company and they are telling me the same thing they told the tenant. Thanks.

    • Hi Todd,

      I can’t comment on the legality of the situation, since I’m not a lawyer. But I can say that I think the manager’s answer is very unusual.

      I’ve heard of landscaping and yard upkeep being the tenant’s responsibility, but I don’t think a tenant should be responsible for a broken sprinkler pipe anymore than a broken water pipe in the house. In similar situations that I’ve heard of, the underground sprinkler system is considered an appliance, similar to a furnace or central air. However, because it’s not a required system for habitability, the manager wouldn’t “have” to replace it, but at the very least, I don’t understand how they can say this is the tenant’s responsibility.

      Further, I would imagine any damage that the water does to your property will be the owners responsibility, not the tenant.

      Perhaps you can be a good neighbor and help the tenant figure out how to turn off the water so it doesn’t flood your property. Yes, his lawn will likely die without the working system, but it will come back to bite the landlord when he’s trying to re-rent the place with a dead yard.

  16. Hello Again….
    I was reading under landlord tenant laws that if the heater, or air conditioning was not working you can with hold rent. I went all winter with a red flagged wall heater meaning no heat. It was freezing! Can I deduct for those winter months? He was told numerous times that I had no heat, and he didn’t care. Thank You so much for all of the information you give to us!!!

    • Hi Cindy,

      Hi again to you too! To be honest, I’m not sure if you can backdate it. Yes, NRS 118A.380 gives your the right to withhold rent, but it’s usually only after written notice, and then a waiting period while the landlord has an opportunity to fix it. Then if it’s still not fixed, you have to follow a strict procedure – and it’s usually done while you are having an issue, not months later.

      If I were you, I would read NRS 118A.380, line by line, letter by letter, until you understand every word. If you are having trouble interpreting it, then you really need to talk to a lawyer (because thats what they do – they interpret the law).

      Your answer lies within the statute.

      Here’s a link to the specific statute: http://www.leg.state.nv.us/NRS/NRS-118A.html#NRS118ASec380

      Good Luck!

  17. In Nevada Henderson area what is the percentage or amount limit a landlord can raise the rent and how often..

    • Hi Linda,
      I don’t know if the Henderson area has a different rule specific to the area, but the Nevada statute (NRS 118A.300 says: “The landlord may not increase the rent payable by a tenant unless it serves the tenant with a written 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, advising the tenant of the increase.”

      • So I am the tenant. The question was even if just Nevada laws, since California is different, how much can they raise the rent. I noticed Cindys rent went from 500 to 800. California you could not do that. My management company started naming prices other tenants are paying in the area from below what I am paying to abobe what I am paying. Heard my neighbors talking about other people this is happening to including my nephew and his wife and child. I already know the mortgage is much less than I am paying now. So what are the rules that need to be followed besides the 45 day advance notice. Thanking you in advance.

        • Hi Linda
          It seems that NRS 118A.300 is the only statute on this topic. The management company is allowed to charge fair market rate (which is whatever someone will pay or it), and they are allowed to raise your rent to a price that they feel is market rate. If they price it too high, the unit will go vacant.

          FYI, they aren’t allowed to raise the rent in the middle of your fixed lease. They can only make changes each time it renews – with could be every 30 days if you are on a month to month lease.

          I hope that helps!

  18. Dear Lucas,
    I just wanted to say “Thank You!” For all of your help. I am taking my landlord to Small Claims court because all that he has done wrong. You have given me so much information that I wasn’t able to look up. I go to court 5/2/14. I will let you know what happens. Again, Thank You sooo much for all of your help!

  19. Thank you Mr. Hall. That was all I found too. Thought maybe you had more info I could not find.

  20. hello,

    my grandma lives in a hud apt. she was hospitalized in febuary. she has been evicted from her apt( obviously not paying rent when in hospital) my sister and i are the only family left and we were never notified she was in hospital or evicted. we eventually sent cops to do a wellness check to find out she was no longer there. after speaking to the manager of the apt complex, she is refusing to let me access my grandmas belongings. also telling me that i will see the bills soon. what rights do i have? we are told my grandma will not make it out of the hospital and she is our only living relative, i would like to have something to remember her by and family photos.

  21. Hello. I have three questions: 1) how much notice does a tenant need to give a landlord after a one year lease has converted to a month-to-month?; 2)How quickly does a landlord have to repair a damaged A/C?; Can a tenant ask for the rent to be prorated based on the length of time the A/C was inoperable?

    I am in the unfortunate situation wherein the landlord is short selling the house and an offer has been sent to the bank. In the interim the A/C has failed and the landlord has stated that she no longer wishes to make reparations because the short sale is “as is.”

    • Hi Anthony,

      If you are currently in a month-to-month lease, then only 30 days notice is needed (usually from the 1st of the month) in order to terminate the lease.

      There’s no statute that regulates how much time is needed to make a repair, but rather issues that effect habitability should be repaired as quickly as possible. I think you could make a strong case that AC is required in Nevada.

      Even though the landlord is trying to sell the house as a short sale, it doesn’t mean she can forego her responsibilities as a landlord. Unfortunately, you’d have to probably seek help from an attorney to address this situation. You could try sending some demand letters too.

      Also, check with your local county government. Sometimes tenants are given first right of refusal when a house is put up for sale. This could play to your advantage when trying to create leverage to get the landlord to fix the AC.

      Further, check the links to the statutes above. Nevada allows you to repair and deduct the cost of the repairs from the rent – but there are restrictions.

  22. Lynnette says:

    I have a tenant who has been in my condo for several years. Up until three months ago, I would say she had been an ideal tenant. However, three months ago, she ‘heard’ that I was not making my mortgage payment in an attempt to begin the process of short selling the property and made the decision to stop paying her rent. She was, in fact, correct that I was pursuing a short sale and had allowed my mortgage to lapse by one month in order to begin the short sale process. Her non-payment of the rent has me in a pickle at this point and I am not clear how to proceed. She has demanded the name, account number and contact information for my mortgage company, which I am not inclined to provide her with. Due to the non-payment of rent, I have now been unable to maintain the mortgage even with the intended single month delinquency. Is it time for me to evict my tenant? Our relationship has declined significantly and she has started claiming that the stress of my repeated requests for rent has caused her some serious health issues. Geez, Louise, what am I supposed to do??

    • Hi Lynnette

      What your tenant doesn’t seem to understand is that she is obligated to pay rent regardless of whether you pay your mortgage. Even if the bank forecloses on your property, she would simply receive a new landlord – yes she would still have to pay rent to the bank.

      The only way I would give her info about your mortgage is if her name was on it – which it’s not and never will be. You have no obligation to give her that info.

      The bottom line is that a tenant who refuses to pay rent needs to be evicted. If she is on a month-to-month lease, you can give her 30 days notice and terminate her lease for whatever reason.

      Because she failed to pay rent, you can give her 5 days notice, and then you can file for eviction. (NRS 40.253, NRS 40.2514, NRS 40.2516)

      She may just pay up if you send her a Notice to pay or quit.

  23. My landlord gave me a 5 day notice on the 5th. I paid him $900. on the 6th. The constable came out on the 10th and gave me a 24 hour notice. If the landlord accepts money doesn’t he have to start the eviction over?

    • Hi Lenny,
      It’s my understanding that a 5 day notice is warning that the lease will terminate in 5 days, and after that, the landlord can file for eviction. Then the landlord has to go through the eviction process if you don’t leave. According to the research I did about Nevada statutes, you have 3 days to pay up, and to avoid that eviction. If your landlord accepts the money and you’ve paid in full, then he doesn’t really have reason to evict you.

      You should do some research into Nevada statutes using the links above. Your county might have additional rules. If you’re paid in full, then the judge might dismiss the case if it gets that far.

      You should talk to a lawyer if you need legal help – which I am not.

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