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
  • 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.

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489 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.

      • Juliet

        Hi,

        I just moved into this property less then 24 hours and already have water filling in my tubs, and when running other bathroom showers the master bathroom toilet leaks and tub fills up with water and sewer debris. I called the landlord but since its Sunday no one is there. How long can I give them to fix it and if they do not fix it can I go to court to get my money back?

        • Lucas Hall

          Hi Juliet,

          It sounds like there is a clog (or a slow moving drain) in the main line that leaves the house. It just needs to be cleaned out, and any professional pluming company will have a snake long and powerful enough to fix it.

          I had a basement shower that filled up with sewage once, and it was a clogged main pipe. If the water doesn’t have anywhere to go, it backs up into the lowest opening.

          You need to notify the landlord/PM ASAP. If they don’t fix it within a few days, then you could try to get a rent deduction, but as long as the landlord starts working on the problem immediately, I don’t think you would be able to break your lease because of this. However, I’m not a lawyer, and this isn’t legal advice. If you are trigger-happy to go to court, you could roll the dice and see what happens.

  • 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.

  • gene

    I am renting a mobil home I have been arrested 2 times sept. 27,14 and oct. 23,14. I had a roommate and had given him most of sept’s rent to pay he was going to cover the rest of only 189.00, I found out I lost my job on Oct.1 while in jail. And then found out right before I went to Jail the second time that sept. nor oct was paid by roommate. My roommate was taken to jail the day I was released and I had no clue what was going on. I have been trying to work with landlord and his assistant they let me work about 40.$ off I did give him 100.00 on monday the 24th because i found a pay by day job. but only got 3 days. im still trying to put in job applications and get rental services but no one seems to have anything available. I found out on thanksgiving evening that i will be seved with eviction notice tomorrow the day after thanksgiving it is a 5 day notice. I have not given up on day labor and applications when i dont work. because i am keeping landlord informed of how things are going, and giving him every penny i am bringing home. can he only give me a 5 day notice? please if you have any suggestions please e-mail me greatly in need of advince and strength to keep looking positive with all the holidays here

    • Lucas Hall

      Hi Gene,

      I’m sorry for your hardships, especially around the holidays. Hang in there man.

      In Nevada, according to NRS 40.2512, a landlord can serve a tenant with a 5 day notice to pay or quit, for nonpayment of rent. Even though you are paying everything you get, if rent is not paid in full by the due date, a landlord can give a tenant 5 days to pay in full, or surrender the premise.

      http://www.leg.state.nv.us/NRS/NRS-040.html#NRS040Sec2512

      If you don’t do either (pay up or leave), then the landlord must file an eviction action against you in court, upon which the case will be heard, and then the police will come to remove you. However, eviction cases typically take anywhere from 1-4 weeks.

      I hope that clarifies things for you, albeit, it’s not really much help. Good luck my friend. Please know that I’m just an experienced landlord, and not a lawyer.

  • briana

    my rent was due on the 3rd of december a total of 530 and in the contract it states that its 50 the day after plus 10 dollars for every day after that so tomorrow the 5th what is to be paid is 530 + 60 and they put a note on my door saying i owe 725. what should i do?

    • Lucas Hall

      Hi Briana,

      I suggest immediately calling or meeting with the landlord or manager. Tell them that based on the copy of the lease that you have, the total should be $590, not $725. Without being rude, just ask them to explain how they got that number.

      It might just be a calculation error.

  • Jacqueline M. Garcia

    Hello, I agreed to a six month lease on July 3, 2014. Several hours after verbally committing to the six month lease, I was called in to sign the lease. I cannot recall why I overlooked the end date of the lease until I provided the apartment manager with a written 30 day notice. The manager called to inform me that my lease was not up until January 31, 2015. The manager stated the computer generates the end date, informed me that I signed the lease and my signature made it binding. The complex offers six month lease or a year lease, after that you may continue on a month-by-month basis. What are my options to avoid having to pay another months rent?

    • Lucas Hall

      Hi Jacqueline

      You’d have to check the details of your lease agreement to see if it has an early termination clause.

      If I were you, I’d go check the original copy (if you have it) that you signed to make sure that it does in fact have a January end date.

      Further, sometimes with system “auto-generate” a 6 month lease, it only counts “full months”. because you signed it on July 3, you probably signed a lease for 6 months and 28 days.

      Anyway, if you need to get out of the lease, you’ll have negotiate it with your manager, or talk to a lawyer about your legal right. Sorry I couldn’t be more help. Good Luck!

  • Jimmy

    I drove my car into the garage, I would rather not tell the landlord (I have leased here for 2+ years),….can I call a repair shop to come out and replace the door (I would pay) or would they require I own the residence/?

    • Lucas Hall

      Hi Jimmy

      If you find a repair shop that requires ownership, then just call another repair shop. My guess is that they won’t even ask.

      But I do have to advise you to be upfront with your landlord. The consequences might be worse for you later if he/she finds out after-the-fact.

  • Melissa

    Help! I manage my own property and am trying to sell the property. The tenant chose to terminate the lease which was month to month upon hearing that she would have to show the house. She gave her notice and said she would be out at the end of November. It is now December 8th and not only has she not moved out…..she has not paid for rent for November or December. She said just to use her security deposit but I know that the damages alone will not be covered by her security deposit. I have been patient so I have not formally filed a pay or quit. What is the fastest way to get her to surrender possession. Do I have to wait the duration of the time it takes to process an eviction? She now has said that she is 95% out but cleaners are coming Thursday or Friday. Can I demand that she just surrender the property as is now??

    • Lucas Hall

      Hi Melissa,

      Generally speaking, a tenant should never be allowed to use the deposit as last month’s rent. Otherwise, the landlord would not have any money as security for the damages.

      If I were in your shoes, I would have a very stern conversation with the tenant and say, “you failed to pay rent for Nov and now you’re stayed into December, which means I can sue you for all of December’s rent too. If you leave by tomorrow night, and turn in the keys, then I will only expect you to pay for the days that you stay. It’s your decision, on thursday, I will be filing the court papers”.

      Anyway, I have no idea how the courts operate in your county, but clearly, your tenant is taking advantage of you. It’s time to contact the county courthouse or a local lawyer and file the necessary paperwork to evict your tenant. If she does leave fully, you’ll still probably have to file a small claims case to get a judgement for the debt she owes you.

      Alternatively, you could bribe her to leave. It’s called “cash-for-keys”, where you say “If you leave by tomorrow, then I’ll give you $100″. It’s not always a wise choice, but it does get results.

      Good luck! Please remember that I’m not a lawyer, but rather just an experienced landlord trying to help. Please talk to an attorney if you’re looking for legal advice.

  • Francine

    Hi- I have recently been told that in the state of Nevada, it is against the law to kick someone out or evict someone during the month of December … is this true ?

    • Lucas Hall

      Hi Francine,

      I’m not a lawyer, but I’ve never heard of that law. I’ve seen it in some of the northern states, but not Nevada. You should call your local county housing authority to get a definitive answer for your region. Each county can be slightly different in their rules.

      • ken shandy

        I currently have a commercial lease in a building that the landlord currently has a leak in the wall which is spilling over into my office space I contacted her several times in regards to the leak she showed up a week later and she attempted to clean up the leak with a wet vacuum cleaner, some white power and a small fan. It stay to say the fan didnt work and the leak is even bigger. Contacted the landlord and she is out of town. I have a bad small, I cant have client in, and she refuses to fix the leak. I also have electric equipment damage. How is my recourse

        • Lucas Hall

          Hi Ken,

          The info in this article only pertains to residential leases. Commercial leases are different because commercial spaces are not suited for habitation.

          Meaning, I’m not sure what your best recourse is. If it were a residential lease, and the leak infringed on the warranty of habitability, then the tenant could attempt to terminate the lease. But in a commercial lease, I have no idea if that applies.

          Good luck man. Sorry I couldn’t be more help.

  • Ann

    My husband and I are renting a home. How often can we expect the management company to inspect the house? I know that they have to give us 24 hours notice but I don’t want to feel like they’re going to be coming around all of the time. Thank you for your help.

    • Lucas Hall

      Hi Ann,

      It really depends on the management company.

      Many property managers only visit the property when there is an issue – and even then, they only send over the maintenance team, and skip the inspection altogether.

      Not all companies are the same, so there’s no way to realistically answer that question. If they come over too often (in an unreasonable manner), it would infringe on your right to quiet enjoyment. And yes, they have to give 24 hours notice, per NRS 118A.330.

      I hope that helps.

  • Terry

    in the 45 date notice prior to the lease term ending. The pm / landlord must notify of any rate increase in a new lease. The notice is sent 45 days from the end of the lease., but the tenant does not receive the notice 45 days in advance of lease term. The landlord / pm is stating the 45 days is from the day they send the notice out, not when the tenant is in receipt of notice. Is this correct?

    • Lucas Hall

      Hey Terry,

      Here’s what the law says, take it as you will:

      NRS 118A.300  Advance notice of increase of rent.  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.

      http://www.leg.state.nv.us/NRS/NRS-118A.html#NRS118ASec300

      • Terry

        the question is when is the 45 days considered? At the time they send out the notice or when the tenant actually receives the notice? the law states “served” so does that mean when the tenant actually receives the increase notice or in this case does it mean when the landlord or pm sends the notice\ I would believe “served” means when the tenant is actually in receipt of the notice not when the notice is in transit through the mail.

  • Angel Franco

    Hi the owner of the condo where i live dont want to fix the heater i have a 3 year old son that contantly is getting sick i have a floor heater bu dont warm the home enought and is dangerous around my son bc it gets hot. I renew the lease bc she said that she will fix the heater and she seems that dont care. On the summer days two years ago the ac broke and she took 3 months to fix it i always pay on time never late. What can i do? My new lease ends on march.

    • Lucas Hall

      Hi Angel,

      You can file a complaint with your local housing authority. They might fine the landlord until the issue is resolved.

      Alternative, you could withhold rent to get the issued repaired, according to NRS 118A.355: 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 or rent withholding, and it will likely anger the landlord. Sometimes withholding rent will cause the landlord to terminate your lease for lack of payment in full, which then causes more issues that you have to deal with.

      Please know that this is not legal advice. I’m NOT a lawyer, and I’m only speaking from my experiences as a landlord.

  • Cat

    Hello, I’ve been living in a home for a month now.
    I have no hot water pressure, and my sink and tubs fill with dirt (sand like) I cannot drink my water and when my family showers it’s in pond water. Also when I moved in I found the dishwasher full of mold, only to find out there is a massive leak. They had to take up my floor and replace it, it leaked into the carpet, but they didn’t change it out, just covered it. ( the carpet is bad)
    I have had to lose work pay to be here for them trying to fix all these issues. They have even flushed my water heater. We can’t walk around the house barefoot, can’t drink our water, can’t wash dishes with dripping hot water and cannot shower without being dirtier than when we got in.
    Please help me.
    What can I do?

    • Lucas Hall

      Hi Cat

      It sounds like this unit is not habitable – which is the landlord’s basic responsibility – to ensure habitability.

      You have a couple of options:
      1. Get legal help to draft letter which would help you terminate you lease
      2. File a complaint with the local housing authority
      3. Talk to your landlord about the fixes, and communicate how serious it is.

      The general landlord-tenant relationship is based on a single principle: The tenant pays rent in return for a habitable place to live.

      If the landlord isn’t providing a habitable place to live, then he’s in violation of the lease (not to mention other laws).

      Here’s a helpful article I wrote for Trulia: http://www.trulia.com/pro/rentals/2-undeniable-clauses-in-every-lease/

  • Candice

    Hi. there is a bed bug situation in my building. A neighbor who works for the complex has informed me to their infestation which started shortly before mine. They also informed me that they let the office manager know more than 30 days ago and nothing has been done about it. We have lost furniture to this problem and are submitting a 14 day notice to the landlord for treatment. what I’ve read here about the Nv laws is that landlords are responsible for treatment, as long as the tenant complies with a treatment plan. Can we terminate our lease if they dont treat the whole building? I know of one tenant who will refuse treatment and know if the whole building isn’t treated properly, there is good reason to believe there will be an ongoing reinfestation. My kids, my husband and I have already lost beds and other necessary furniture.
    We wanted to leave before because of really loud and illegal issues with other neighbors. We’ve been here for 5 years and through 5 diff management companies. There is a new management now and they haven’t done anything but basically bully us, which I believe is because they knew we wanted to leave prior to this fiasco. I don’t know who to turn to and we don’t have the funds to shell out for a lawyer. I’ve been an emotional and physical wreck since this breakout and my kids are suffering as well, with bites and scarring.

    • Lucas Hall

      Hi Candice

      I’m probably not the best person to ask. There is much legal debate about the issue and responsibility of bedbugs. In many cases, it’s the tenants responsibility since bedbugs are typically brought in from somewhere else (they are hitchhikers). In other cases, the landlord is fully responsible. Further, I’m not aware of the NV’s opinion on the matter.

      Would you mind posting here the NV laws that you reference?

  • John

    We have been in our rental home about a month now, after signing a year lease. After the initial walk through we found an enormous amount of issues with the home. Front door jam is split down the middle, both locks on sliding glass door are broken, all appliances are 15 years old and do not work properly, oven does not work, need to use plyers for the washing machine, years of dirt inside the dryer due to the lack of a lint trap, no light in upstairs bonus room with exposed wires hanging down, bathroom vent motor is broken, dishwasher was left filthy and leaks, kitchen sink shoots water from the seperate filter faucet when using garbage disposal, outside ground lights don’t work and all the wiring has been ripped up (dog?) and is exposed, carpeting is frayed and pulling up, all these along with more issues as well! We have contacted our property management co. multiple times, they sent a contractor out over 2 weeks ago but nothing has been done since. What should we do?? Thanks

    • Lucas Hall

      Hi John,

      Another option is to call the local county housing authority, or code enforcement office. They typically will send out an inspector, and fine the landlord until the major issues are fixed.

      If you don’t want to get the county involved, you could terminate your lease for lack of services – but this is tricky because the landlord might still take you to court for nonpayment. The key is to have a big stick (aka a lawyer) help you evaluate the situation and write the letter for you.

  • Mike

    My boyfriend and I moved in to this apartment September 1st. Back in November he wanted to move out so i signed the tenant release form but he ended up not moving out. January 21st he decided (without my knowledge) that he was moving out. He went to the office and they gave him that same form to sign that was dated back in November. Are there time constraints on this form? Was the old form valid?

    Thank you

    • Lucas Hall

      Hi Mike,

      To be honest, the tenant release form is specific to your leasing office. Most leasing office’s use them, but they are all different. It really all depends on what they did with the form when you first turned it in. Did they already remove your boyfriend from the lease – and therefore has he been an unapproved tenant, and just a guest for the last few months? Is he still listed on the lease? If he’s already been removed, then he can’t be held responsible for the lease. Why would he need to sign another? Does your leasing office put a time constraint on it?

  • DJ

    I work with a husband and wife that are currently still living together although recently divorced. The husband owns the home. The wife left for four days on a vacation and returned, she is now being barred from returning to her residence by the husband. Is this legal? What can she do?

    • Lucas Hall

      Hi DJ,

      This doesn’t sound like a landlord-tenant issue to me. Because they were previously married, and now divorced, I’m sure the house was calculated in the divorce proceedings.

      However, it was her home as of 4 days ago, and he’ll need to let her in. Because there is no lease, and no rent payment (I’m assuming), this is a domestic dispute, and the police should be called if they can’t work it out on their own.

  • MZLee

    I live in las vegas and currently have a roommate. my room mate will be leaving at the end of the lease but I will be continuing month to month until I am able to purchase my home. On the company 30 day notice form it indicates if one roommate leaves but the other continues on in the residence we lose our deposit. I was also informed that after the lease is over if for some reason my roommate fails to put in their notice to vacate, even though my notice is submitted I can be still liable for rent even after my vacate date has passed. Can that be done? Im trying to buy a home and cannot afford any negative hits on my credit right now.

    • Lucas Hall

      Hi MZLee,

      Those are some really wonky rules. Generally all roommates are considered as “a single entity” and not independent from each other. The fact that you have to put in separate notices, tells me that they are running a very unconventional leasing office.

      Generally speaking, there is joint and several liability, and each tenant can be held to the full rent amount, even if the roommates split up. But that’s based on a typical lease. I have no idea what your managers are doing.

      Here’s a helpful article that relates: http://www.landlordology.com/what-is-joint-and-several-liability/

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