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
  • 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 (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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283 CommentsLeave a Comment

  • Bryan

    My daughter is renting an old house. The house is in terrible shape. It was built in 1946. Her bedroom floor has a ridiculous slope to It. As a father I have seen some things I am concerned about. The return air for the furnace is in the floor and uses the crawl space and is not ducted back to the furnace. The electrical looks be original and only offers 2 prong outlets and the wiring doesn’t look all that great. The ceilings look like the original popcorn type. Asbestos concerns ?? It seems to be somewhat bug infested. Spiders , beetles — not fleas. These are young girls ages 18 to 21 renting and are very naïve to what they have rented. Does she have any rights as a tenant as to the condition of the premises ? Or a way to break the lease ? Also – as a rental does it have to meet a standard for electrical , Hvac, so on? If there are any protections what is our first if any move?

    • Lucas Hall

      Hi Bryan,

      The landlord is only responsible for habitability. If any of these things prevent someone from living in the house, then you might have a reason to break the lease.

      With that said, here are my comments (my opinion, and not legal advice), on the items you mentioned:

      1. The return air for the furnace is in the floor and uses the crawl space and is not ducted back to the furnace. *** This doesn’t seem correct and clearly is not optimal, however I have no idea if it’s a code issue or not.

      2. The electrical looks be original and only offers 2 prong outlets and the wiring doesn’t look all that great. *** This was standard and acceptable years ago. All new construction and renovations are required to put in 3-prong outlets, but if they don’t renovate, there’s nothing forcing them to change it over.

      3. The ceilings look like the original popcorn type. Asbestos concerns ?? ***Possibly, but as long as you’re not drilling into the ceiling, or taking down the popcorn, then there a slim chance of being exposed to asbestos – especially if the ceiling is painted. It’s only really a concern once you distrub it, and cause particles to be pushed into the air.

      4. It seems to be somewhat bug infested. Spiders , beetles — not fleas. *** If there are bugs, tell the landlord and ask him/her to hire a pest control company. There should be a reasonable expectation that the house is bug free on move-in. If month’s go by, and then bugs start to appear, it’s possible that the tenant’s trash or other food patterns are attracting pests.

      5. Does she have any rights as a tenant as to the condition of the premises ? *** Tenant’s have a right to a habitable premise, and quiet enjoyment.

      6. As a rental does it have to meet a standard for electrical , Hvac, so on? ***You’d have to check with the local county code office. Typically the houses have to meet code in the year it was built or renovated. So many houses still have knob and tube wiring, and actual fuses in the box, which is grandfathered in.

      Like I said, I’m not a lawyer, nor a code inspector. I have some construction and renovation experience as a landlord, but I have no idea what your local building laws are.

      I have a daughter, and I understand you are nervous. It’s easy to be over-protective. Just research the building code, but try not insert yourself into the situation. Rather, use this as a teaching opportunity to show your daughter how to communicate with a landlord, and help her stand up for herself, without doing it for her.

  • Emma

    Hi. I signed a year lease for the property I am currently living at. After that year was over, I went to month-to-month payments, without signing any other agreements. About a week ago, the agency I’m renting through sent me a new lease agreement (wich included a rent increase), and gave me less than two weeks to sign the new lease. I have decided I no longer wish to live at this property and have found a new residence.

    I’m wondering,

    A) Do they have to give me more than two weeks notice to sign a new lease?
    B) Do I have to give them a certain amount of notice of intent to vacate? I was not afforded enough time to give 30 days notice of intent to vacate, but would not like to pay another month’s rent if I’m not going to be living there.

    Hope this makes sense.

    Thanks!

    • Lucas Hall

      Hi Emma,

      Thanks for your comment. I’ll try to help, although, I’m not a lawyer, and this is NOT legal advice.

      A) Yes, there is no amount of notice needed to give you a new lease to sign. However, they need to give you 45 days notice for a rent increase for leases 1 month or longer. http://www.leg.state.nv.us/NRS/NRS-118A.html#NRS118ASec300

      B) Yes, you have to give them 30 days notice to terminate a month-to-month lease. I suggest giving 30 days from the 1st of the month. http://www.leg.state.nv.us/NRS/NRS-040.html#NRS040Sec251

      I can’t tell you what to do, but if I were in your shoes, I would refuse to sign the new lease, and then give them written notice that I will be terminating the lease as of Aug 31 and moving out. That’s just what I would do. Definitely talk to a lawyer if want legal advice.

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