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.

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292 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.

  • Jodi

    Are there an occupancy law in Henderson, Nevada that state how many people can live in a 4 bedroom home?

    Also how many vehicles are you allowed to have?

    I have rented my home now for 15 years. A very nice and quite community, very clean etc..
    Just recently a home on our street was rented. We have noticed 11 people are living in the house. Ugg.

    There are 5 cars in total and 1 jet ski, this is located now in the backyard. There is 1 car on blocks in the driveway, it does not run. Another parked next to it. 2 parked on the same side of the street and another that always parks right on the corner were the street continues, it is a curve if you will. So as the cars rear end is sticking out at least 5 feet from the curb.

    The garage is full with other things so no cars are able to park in the attached garage.

    I was wondering if maybe you knew the laws in Henderson, Nevada? I can call the HOA as well, but I want to know if there are any code laws?

    Thank you very much

    • Lucas Hall

      Hi Jodi,

      You’d have to check the local Henderson ordinances to learn about occupancy limits. People are allowed to have as many vehicles as they want – it’s what they do with them that is the issue. In my lease, I require all vehicles parked on the property must be properly licensed and functional. I even prohibit the changing of oil on the property, and mandate that they must park cars in dedicated spots.

      If they are parking them on the street (not your property), then just call the local police to write tickets for abandoned or unregistered vehicles. I’m pretty sure they can’t put a vehicle on blocks in the street. The police will tow a vehicle that is illegally parked, but they will not enter your property.

      If you call the HOA, the landlord will likely get fined. However, that might provide the incentive needed to get those vehicles removed.

  • Shay

    I am a leasing agent at a only studio property, I was told we can not tell residents that there is a limit to how many occupants can live in the studios. Please tell me if this is true.
    Thank you

    • Lucas Hall

      Hi Shay,

      You’d have to check with the local housing occupancy rules. Each county is different. I don’t know specifically about your local county rules, but in my county, it can be only 2 people in a studio, unless they everyone is related and in that case, there is no limit. My county is funny like that. Anyway, call your county office.

  • Aimee

    Hi Lucas, I am in a precarious situation. I have been renting a house for almost two years now. a week ago, the property flooded during the flash flooding that we had in Douglas County. The entire garage was destroyed, including my belongings that were not of any monetary value…just sentimental. The entire front half of the house is now ripped out. No walls, no carpeting in the living room, halfway to the kitchen, the laundry room, the entire hallway area by the bedrooms and one of the three bedrooms is gutted. I have four children. We can no longer live here, obviously. I informed the management company that I intended to move due to the fact that the property is uninhabitable. I have found a new location and I am in the process of getting my stuff out of this house. I asked them for my security deposit back right away so that I could put one down on the new home. I am a single mother and didn’t have an extra $1650 laying around. I assumed that they would be decent people and give my deposit back immediately, seeing that the house is pretty much a disaster. They are being very rude and evasive about when/if I will get my deposit back. I have also been out of the house for the past 9 days. This happened on the 20th of July. My question is, should they be obligated to give my deposit back right away and should I also get back 10 days of the rent that I had already paid for this month? I did not have renters insurance (because I’m an idiot) so I know that my belongings in the garage are a done-deal. I’m just concerned about the deposit, the rent of this uninhabitable home and the electiricity/water bill that I will get to run all the machines that are drying out the home right now. They have been running 24/7 since the 20th. If you could get back to me, I would sincerely appreciate it. Sincerely, Aimee

    • Lucas Hall

      Hi Aimee,

      Thanks for your question. I’m sorry to hear about the flash flood and the trouble it has caused.

      Typically, if a property become inhabitable, the landlord has the option to provide another dwelling for the tenants (another rental, hotel, short-term housing, etc), or the landlord can choose to terminate the lease. Often times, the property insurance will pay for the temporary housing while the repairs are made.

      If the landlord chooses to terminate the lease, he should give back the full deposit (in my opinion). Nevada statute NRS 118A.242(4)(5) gives the landlord 30 days to return the deposit after the lease is terminated and the tenant moves-out.

      Because you took matters into your own hands, and didn’t give the landlord the option to provide another dwelling, I’m not really sure what is going to happen. Clearly, you could not have stayed there, and the management company should have acted more quickly. However, since you have requested lease termination, if they choose to honor it, I think they still have 30 days to return the deposit. However, keep in mind, I’m not a lawyer, and this is just my opinion as a landlord – not legal advice.

      If you need it more quickly, I suggest talking to a lawyer to see if there are any special rules for the return of a deposit in regards to a property being inhabitable. Sorry I couldn’t be more help.

  • Sandy

    Hi Lucas,
    My husband and I just moved into this home in Henderson. We signed a years lease for a year saying we were the only people living in the home. We are both retired and are on fixed income. Since the signing we have been talking about have a friend live with us to help with the rent in the 2nd bedroom. My husband made a comment about this to the landlord and he now wants to screen our friend, which I can understand due to they are protecting their home, but also said if we do have him move in they would raise our rent by 100.00. Is this legal them raising rent like that?
    Thank You

    • Lucas Hall

      Hi Sandy,

      Thanks for your question. It’s hard for me to say, since I haven’t read your lease, and I’m not a lawyer. There is some debate about this in the landlording community.

      My opinion as a landlord, is that leases typically list the adults (by name) as the only people allowed to occupy the dwelling. If a tenant allows another adult to occupy the dwelling without permission of the landlord, especially when collecting rent, the tenant would be essentially be subletting it, and thereby violating the lease on multiple fronts.

      By wanting to modify the occupants, you are allowing an opportunity for both parties to make changes to the lease. The landlord is simply giving you the terms of the negotiation. If you want to change the lease, it’s going to cost you. Though frustrating, it’s still better than a flat-out “no”.

      Please do let me know how it goes. Best of luck to you.

  • Jeevan

    Hi Lucas,

    We just bought a condo in Henderson and tenants have been occupying it. But the tenants are not ready to sign the new Lease Agreement. The tenants say the old lease agreements is still valid until May 2015. I am just wondering if it is still valid even though it has former land lord’s name on it. Please help! Thank you in advance.

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