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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453 CommentsLeave a Comment

  • Claudia

    We sign a one year lease on October 28 and gave the rent on October 30 we got the keys the same day but we move in til november 2 2014 we have less than a week living here nd are having problems already with the maintenance manager we had one whole day with out hot water our kitchen sink was nd is getting all the dirty water from our showers nd fills the sink up with with that water nd stead of the water go to the sewer it starts leaking from the bottom of the sink I calk ed the maintenance manager emergency for him to answer me rudely telling me I’m been inconcidere he is human being basically telling me I’m annoying him nd that what I have is not an emergency nd that is common sense to know when to call. I want to know if I can terminate my contract get my deposit back with the rent to look for somethingelse

    • Lucas Hall

      Hi Claudia,

      In my non-legal opinion as a landlord, the sink is just clogged or has a slow moving mainline. Water is backing up because the pipe is clogged, and therefore it’s backing up into the sink.

      A professional plumber would be able to snake the drain and clear up the blockage. A competent maintenance crew with be able to do this too.

      Working plumbing is a requirement for habitability, however before a tenant can terminate the lease, he or she would have to give the landlord “reasonable” notice and time to fix it. Further, since Nevada allows a tenant to withhold rent to repair issues like this, as specified in NRS 118A.355, you might be required to try that first : http://www.leg.state.nv.us/NRS/NRS-118A.html#NRS118ASec355

      Be sure to read the statute to know what your rights are. A judge might not consider this issue worthy of a lease termination if you could get it fixed and withhold the rent. However, please don’t take this as legal advice. I’m NOT a lawyer, and I’m only speaking from my experiences.

  • Crystal

    Hi Lucas– I recently moved out of a property and just now received my refund check of the security deposit. There were several items listed on the “deductions” list that were not listed on the final walk through that I signed. Can the property management charge me for these things as they were not listed at the time of the final walk through?

    • Lucas Hall

      Hi Crystal,

      Sometimes, items are discovered after the final walk-though. It just happens.

      I think the better question to ask is, are these deductions legitimate?

      Generally speaking, if the damage caused was in excess of normal wear and tear, then yes, the tenant should pay for it – even if the landlord noticed it after the final walk-through. As long as it was legitimately caused by the tenant, the timing of the discovery should have little effect on the responsibility.

      If the landlord is claiming you put a hole in the wall, but you are 100% sure that you didn’t, and it wasn’t mentioned in the walk-through, then it would seem like your landlord is trying to pull a fast one. A Judge would be able to tell the difference, and see right through the landlord.

      If you’re looking for legal advice, please consult and attorney, which I am not. There may be local laws that apply to your situation that I’m not aware of.

  • Louanna Holbrook

    I need to find out what the law is for rental. I purchased my rent money orders for November rent. Mailed them to our landlord. As of today they have not received them. I have sent pictures of the stubs to them and in the process of stop payment on them. The land lord told me today that the rent needs to be paid for by 12/2/2014. If the money orders were lost and there is proof of them can they request such short notice of us making that payment? It takes up to 30 days for western union to refund the money to us. Like I said we have proof of payment for the rent, it was just lost in the mail.
    Thank you,
    Louanna

    • Lucas Hall

      Hi Louanna,

      Perhaps you can borrow the money from somewhere else, to pay rent, until you get refunded by Western Union?

      It’s not unreasonable for the landlord to demand rent. If your lease, or prior agreement, states that rent is due on the 1st, then normally, the landlord doesn’t every have to remind you or demand anything. It’s just expected to be in the landlord’s hands by the 1st. There’s no statute on late fees in Nevada, so landlords can make rent “late” as of the 2nd. According to NRS 40.2512 a landlord can terminate a lease for nonpayment if rent is not paid by the 5th.

      Even though you went through Western Union, it’s not considered “paid” until the landlord gets his/her money.

      To avoid this, try sending a bank check from your own bank. That way, if you need to stop payment, they can refund the money instantly. Or better yet, try convincing the landlord to use Cozy (https://cozy.co) to collect rent online. That way the money goes straight from your bank account to his. No more rent checks!!!

  • james justice

    i need to know is it a breach of contract if your landlord can make you get renters insurance if your rental agreement doesn’t state it. Plus they are telling me that they will add it to my rent if i don’t get it. Please e-mail asap. thank you

    • Lucas Hall

      Hi James,

      If the contract doesn’t mention it, how could it be a breach of contract? It sounds like your landlord is trying to bully you.

      However, it would be wise for you to get renter’s insurance. It’s only like $10 a month and very good investment for you. Why not just make your landlord happy and save your fight for another battle?

  • Dustin McAllister

    Hi Lucas,
    I recently vacated a rental home and in my Account Statement for deposit deductions they charged me $500 for Re Leasing Commission. There is nothing in my lease saying I am to pay this amount, so is this allowed? Thank you.

    • Lucas Hall

      Hi Dustin,

      Typically, if the lease doesn’t mention the fee, then a landlord can’t charge it. However, did abandon the lease before it had naturally expired or sign anything else allowing you to terminate it early? If so, there might be additional fees involved.

      I suggest contacting the leasing agent and inquiring about the undocumented charge. If they continue to pressure you to pay it, you could also file a small claims court action, and let a judge decide.

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