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.

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617 CommentsLeave a Comment

  • Brian King

    Hi Lucas,

    We are on a month to month lease in NV as of early 2015. We just gave an 8 week notice that we will be moving out in mid July 2015. The property manager for the house is stating that we will owe a full months rent for July. I was under the impression it should be pro-rated. Nowhere in the contract does it specify that it would or wouldn’t be prorated. It only requires 30 days notice. They are stating because they agreed we could do month to month we would have to pay a full month for July?

    Thanks

    • Lucas Hall

      Hi Brian,

      Generally speaking, your property manager is correct. The definition of a Month-to-month is that the tenant is renting the unit one full month at a time. Trying to break a month-to-month lease in the middle of a month is like trying to break a year long lease in the middle of the year.

      The 30 days notice that you are required to give usually means 30 days from beginning of the month, or whenever rent is due. If the month could be split into smaller portions, this it would be a daily or weekly rental, not a monthly rental. Generally speaking, when a tenant is month-to-month, they must pay for the whole month if they plan on even occupying it 1 day of that month.

      Here are the statutes which are very clear on this: http://www.leg.state.nv.us/NRS/NRS-040.html#NRS040Sec251

      If you want to really push the matter, I suggest you get a legal opinion. I’m not a lawyer, nor is this legal advice. I’m just an experienced landlord, trying to help.

      Good luck!

  • Jason

    Is it legal for a landlord to increase the included utility (water/trash) fees mid lease? I looked through my lease and other than saying I have to pay the water/trash fee, there’s nothing in the lease that says they can.

    Also, they just started using a third party billing service and they are now trying to make me pay a service fee to that third party for paying my rent, even though I pay the apartment directly.
    Can they do that?

  • Shawn Melady-Suda

    We paid a $600 deposit on 5/4/15 a rental for a move-in date of June 19. However, we were just informed by the new landlord today (5/24/15) that the move-in date was changed to July 21st. Now we have already given a 60 day notice to our current landlord and our unit has already been rented. Would we be able to cancel this and get a refund on the deposit? They have really put us in a terrible situation.

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