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.

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422 CommentsLeave a Comment

  • Barbi

    If a tenant moved in on 11/1/2013 and did not switch the trash service to his name, how far back can I charge him for the bills I have covered since then. The lease states he is responsible for ALL utilities and that he needs to switch them over. I own several properties and recently did an audit and found he never transferred this service and has been enjoying free trash removal.
    thanks

    • Lucas Hall

      Hi Barbi,

      If I were in your shoes, I would back-date the charge to the beginning of his lease. If the lease says he is responsible for trash starting on 11/1/13, then I would charge him for it.

      Since it’s been a long time, he might not be able to pay a lump sum. You might have to either allow him to make 3-4 installment payments, or just deduct if from his deposit after he moves out.

      Make sure that you have invoices, receipts, or some sort of official documentation from the trash company that you paid the bills – thus the reason you are asking for reimbursement.

      …just my two cents. Keep in mind, I’m not a lawyer nor is this legal advice.

  • jenny young

    I’m an unfortunate down stairs neighbor in an individually owned condo. My neighbors are very disturbing and not just the common bumps here and there. they have about ten people living there in a one bedroom and ive complained to my landlord and she really doesn’t show any compassion or seem to care. she tells me to contact hoa…who frankly doesnt care either. they just send them “letters”. theres so much traffic in the house people come in and out i guess she baby sits… but it drives me nuts because their staircase is in my apartment and they stomp up and down all day. is their some kind of nevada law against this?

    • Lucas Hall

      Hi Jenny,

      Many counties/cities have occupancy limits. You might want to contact the local housing authority or code enforcement office, and ask what the occupancy rules are for your area. If your neighbors are breaking the occupancy rules, you can report them, and a county official will likely investigate the matter. If they are breaking the rules, the county will fine the unit owner until the problem is resolved.

      Other than that, if the HOA won’t enforce the noise issues, they must not think the issues are serious enough.

      Have you checked the HOA rules and regulations or bylaws. They often mandate that each unit is covered with wall-to-wall carpet or at least 80% area rugs. This will help with the noise. If the unit above you doesn’t have the proper amount of carpet installed, the HOA should enforce it.

      Have you thought about confronting the tenants above? Perhaps they will try to keep it down.

      I hope that helps. Keep in mind, I’m not a lawyer, nor is this legal advice.

  • Frank Drummin

    We rented our single family home in Washoe County Nevada out to a family, and in our rental agreement it stipulated that they were responsible for the water, garbage and electricity bills, and they had accounts opened in their name. They have since left my rental in shambles,($6000. in damages $1400 security deposit) and both the garbage and water bills were left unpaid.

    Washoe County Department of Water Resources has since sent us a letter stating we the homeowners are responsible for the water bill, and if left unpaid it will be added to our “tax roll” or bill.

    My question is, if these accounts were open in my tenant’s names, how can a utility come after the homeowner for payment when they skip without paying?

  • Mark

    Mr Hall,

    I need some advice in resolving a disputed with a former landlord.

    On June 21st I left a condo that I had been renting for over 5 years. The unit was rented as furnished and relations with the realtor and landlord had been very friendly the entire term of the lease. My original deposit was two part, $350 separately listed as a non-refundable cleaning deposit, and a $1000 security and damage deposit. I received the refund check in mid/late July, but for only $650, the excess $350 being billed for carpet cleaning and repairs to nail holes in drywall (paid to the realtor’s brother). At first I wrote it off as too small to discuss, but them I received a call in early August from the former landlord demanding $1000 for a couple old sofas that had become spider infested and were donated over a year prior.
    In the call the Landlord denied that the phone call took place where he had agreed to the donation, and then began accusing me of doing something horrible. The. Landlord is elderly, but not visibly addled and we’ve been friendly in the past.

    Now I know what I didn’t do was get the agreement for donation in writing, and I’ve since been talking with the landlord and trying to smooth out the matter, but he keeps saying that I owe him $1000. What’s worse is that I brought up the over charge to my deposit and have been getting the run around. The Landlord just deflects to the Realtor and the Realtor just says, “Well that’s just what it costs to clean a unit that’s been lived in that long.” He also denies the conflict with the nail hole repair.

    I want to resolve this amicably and preserve what’s left of the relationship, but I also just feel like I’m being shook down. Is the landlord or realtor accountable for the deposit? What’s my accountability with regards to the old furniture and determining a fair value? Should be putting up with it at all given it was around 45 days when I got the call?

  • Isaac Rodriguez Jr.

    My landlord has been having his nephew live in the house as a roommate. It has been like living in a fishbowl. He controlled the temperature and constantly forced us to keep the temperature around 86 all summer long. It has been miserable. Now, my landlord’s nephew lives two houses down but still comes over and “hangs out” controlling the temperature and stuff like that. I finally spoke up and let him know that it was hot and I told him to go home. He called his uncle and they both came over threatening me and pushing me in my chest. Do I have any recourse here? I also just found out that the house I’m living in was illegally obtained by my landlord. He forged the owners signature. It us all over the news. His real name is Deon Derrick Derrico. His nephew, that has been babysitting us, is the Co – defendant. They are facing about 13 felonies and now they have threatened me and assaulted me. Please help.

    • Lucas Hall

      Hi Isaac!

      Wow, what a story!

      Due to the complexity of it, I HIGHLY suggest you contact the actual homeowner and a lawyer immediately.

      If the “landlord” is a fraud, and does not own the property, nor have permission to act as a property manager, then your lease might be void. Further, this might be the only situation where I would suggest holding off on paying rent until you talk to a lawyer and the actual homeowner.

      If the become violent or make threats, call 911 immediately. Keep in mind, I’m NOT a lawyer, nor is this legal advice. I’m just telling you what I would do in the same situation. Please let me know how it goes!

  • Stephanie Redman

    I am currently living with a roommate in a condominium owned by my roommate parents.

    When I moved in I sign an agreement / lease with the parents, now my roommate wants me to leave, the lease has expired some time ago.

    The original document states that in order to terminate the lease, the parents must provide a 60 days’ notice for me to leave.

    Can I be force to leave without them honoring the terms of the agreement, or was the terms voided after the initial end date of the agreement?

    What rights do I have regarding notice to leave, do they have to give me a time in days in which to leave the condominium?

    SRdm.

    • Lucas Hall

      Hi Stephanie,

      If the lease has expired, but still are allowed to live there, then you would simply be on a month-to-month. In NV, a monthly lease can be terminated with 30 days notice (NRS 40.251)

      http://www.leg.state.nv.us/NRS/NRS-040.html#NRS040Sec251

      Some of the conditions from the original agreement will stay in tact, because it’s a rollover lease, however the amount of notice isn’t one of them. Since you are no longer in a yearly lease, the amount of notice can change too.

      Keep in mind, I’m not a lawyer, so please don’t take this as legal advice.

  • Cheryl Hughes

    We had a water leak at our rental and was called by the property management company. We got it fixed right away. The tenant though had 2 water bills, one for $181 and another for $377. They want to be reimbursed. The city of Henderson won’t because they haven’t lived there for a year. As a landlord in the state of Nevada are we obligated to pay when they should’ve noticed that their bill doubled from the usual $75 per month? No one reported water flowing down the street either.

    • Lucas Hall

      Hi Cheryl

      Typically with water bills, the owner is on the hook for any balance – even if the account was in the tenant’s name. But that’s only in the case where the tenant is no longer around or has refused to pay.

      From one landlord to another, I think there needs to a be a joint responsibility. The landlord would be responsible for the initial water increased water bill, but after that common sense should have stepped in, and the tenants should have questioned it. Further, they should have noticed the leak, especially if it was flowing down the driveway.

      In my opinion, everything after that first bill is the responsibility of the tenants. There has to some shared responsibility, because clearly this isn’t completely the landlords fault.

      I’m not a lawyer, so please don’t take this as legal advice. I can only say what I would do in the situation. If I were you, I would offer to pay the excess of the first bill, but nothing of the second.

  • mark

    So me and a friend got an apartment and he decided to break the lease and i want to stay but he says the landlord says no but dont i also have to sign something to break the lease as well? Hes doing everything on his own and got an attorney saying we have to be out on the 30 he’s done every thing with out my concent what can I do

    • Lucas Hall

      HI Mark,

      Most leases (though I can’t speak to your specifically) are written so that the tenants have joint and several liability. Which means, all roommates are considered one entity, therefore the actions of one tenant represent the actions of all tenants.

      http://www.landlordology.com/what-is-joint-and-several-liability/

      If your roommate is causes your current lease to be terminated, you’ll need to speak directly with the landlord to see if you can sign a new lease (perhaps with a new roommate) to continue living there after the lease is over. Without a valid lease, you can’t live there.

      It sounds like your situation is way more involved than you mention in your comment – such as the reason why he is leaving, and why he felt the need to get a lawyer. Or, how the landlord is reacting to the roommates behavior. So please don’t consider this legal advice. I’m not a lawyer.

  • Maria

    I moved into my apartment just over a week ago, was not given a proper walk through, unfortunately signed a lease anyway because I had a truck load of furniture ready to be unloaded. I made mention to several things that I noticed that were uninhabitable including rust in the tub and mold under the kitchen sink cupboard. Last week they removed the cupboard under the kitchen sink and found mold growing on the sides of the walls they sprayed it with mold killer and sealed the cupboard with a trash bag and masking tape. I have been begging them for the last 7 days to complete the job and remove the mold and replace the cupboard. I have also asked them to have the tub resurfaced or replaced. This Friday will be 14 days since I’ve complained about these conditions what can I legally do to force my landlord and the maintenance crew to get these things resolved? Do I just stop paying rent? Do I pay for these improvements to be done and charge the landlord? Do I contact The sheriffs office? Or do I contact the health department or the news? I feel like the property managers taking advantage of the fact that I just moved in and got settled and knows I really don’t have anywhere to move to and is just taking their sweet time addressing these issues and I know I have more rights than this! I have to have more rights than this please help!!

    • Lucas Hall

      Hi Maria,

      A landlord is only really responsible for issues of habitability. Honestly, I don’t really know if a rusty tub would make a unit uninhabitable. Mold however, can effect habitability, but it seems like the landlord has made an effort to fix it – even though it needs to be finished.

      You are free to contact whoever you want regarding the issues you raised, but the police and the news might not give you the time of day for something like this.

      You are free to make repairs yourself, but if the landlord doesn’t want to reimburse you, then you would have to take him to court over it. I do NOT suggest withholding rent for this. It will likely cause the landlord to terminate your lease for nonpayment, and then you’ll have to go to court anyway if you want to stay.

      The health dept might be a good resource. If they advise you on the tub, please let me know what they say.

      To understand your legal rights, you would need to read the statutes that are linked above, or contact a lawyer. Please know that I am not a lawyer nor is this legal advice.

  • Micky

    I am so frustrated. Since we moved from out of state to this house so much has happened. The neighborhood I was told by the landlord was safe and quiet. This couldn’t be further from the truth! My neighbor across the street had his truck basically set on fire, my daughters bike and scooter were stolen off the back porch of a fenced in yard. My landlord has know. Since March there is an issue with my gas stove, he attempted to fix it on his own and installed a stove that clicks the entire time it’s on. The Fridge keeps going off due to issues with it. I have had people knock on the door at 2 and 3 am asking for the former tenants and asking if we have cookies? I have walked out in the morning to go to work and there was an older male sleeping on my porch on more the. One occasion! Help!!mi have called attorneys they want at least 300 an hour to help me. I just want at least some of my money back for living in my landlords personal storage yard/horrid neighborhood what do I do??.

    • Lucas Hall

      Hi Micky,

      The first step would be to identify what you want. Do you want out of the lease, or just a discount/refund. After you figure that out, you could simply ask your landlord for it.

      If he/she is unresponsive, you then have to force his hand. This would be done with lawyer, or at the very minimum, a “demand letter”.

      Your landlord clearly can’t control the homeless guy, or the late-night drug inquiries. But he can control the storage of personal property. It becomes a gray area if the personal property is really maintenance items that are used to upkeep the property.

      You could try to contact a free legal aid service, because they will typically help tenants for little or not cost.

      Here are few leads:
      http://www.lacsn.org/
      http://www.washoelegalservices.org/

      I hope that helps. Keep in mind, I’m not a lawyer nor is this legal advice.

  • Emily

    Is there a law about how often a landlord must replace the carpet in the rental? I am renting and the carpet it horrible. Smells like dog pee and stains everywhere. I have shampooed 4 times in the past year. And a week later the carpets are just as dirty because there is so much dirt in and under the padding.

    • Lucas Hall

      Hi Emily,

      Unfortunately, I’m not aware of any such statute. However, I’m not a lawyer, and a licensed attorney would know for certain.

      If the carpet creates an issue of habitability, then you could contact the health or housing department in your county.

  • Denice P.

    Hi I’m seeking some advice on a current issue I’m having with my landlord concerning a HOA violation. I received a letter from my landlord that says a wall that I put up for privacy must be removed due to the structure not being formally approved by the HOA and if it is not taken down the owner will be fined. In my current lease there is no mention of the HOA rules or cc&rs and so now I am wondering do I really have to remove the structure and am I at risk for my lease to be terminated? The owner is requesting that I also abide by the HOA rules so that she will not be fined even though there was no mention of those rules until now and I still haven’t received them on paper.

    • Lucas Hall

      Hi Denice,

      My non-legal understanding of HOAs is that they have dominion and authority over all tenants that reside in units within the association. It doesn’t really matter if your lease doesn’t mention it.

      You have a right to know what the rules are, but you don’t really have a choice on whether or not to follow them. If you don’t, often times HOAs will evict a tenant for not following the community rules, even if the landlord refuses too.

      Like I said, I’m not a lawyer, so please don’t take this as legal advice. A lawyer would be able to help you figure out what other rights you have in this matter.

  • Jim Weathers

    Hello,
    I am renting and have been for 4 plus years at the same residence. Signed a two year lease but have been month to month for the past 2 years. I have requested in writing for a copy of our lease for three weeks but I just keep getting the run around. I need the lease to show the Nevada Childhood Cancer Foundation because they are helping us with our rent. Thanks for any help.

    • Lucas Hall

      Hi Jim,

      In this case, I think the squeaky wheel gets the oil.

      Can you be more bold? For example, can you go to their office (or your landlord’s house), and plant yourself there until they produce a copy. There’s a strong chance they lost it, since they are easily cooperating, but at least you’ll figure that out with them.

      If they did lose the lease, I suggest not getting angry, but rather ask to help them produce a copy of it. I’m sure they have a lease template somewhere, and you could re-create it, for the sake of Non-profit that is trying to help you.

      Just be calm, but persistent. If they refuse to help with the lease, perhaps they can write up and sign a affidavit regarding your tenancy and the rent amount.

      Good luck!

  • julieta

    i just moved in the beggining of this month and i got filled out the move in codition list along with another sheet because it was obvious the apartment was not completely ready so they took it and said im going to send the maintenance guy over so he can take of it and they never gave me a copy of it. everytime i would go ask for it they would give me the run around because they couldnt find it then the manager looked for my file and found it in the same place the other agent had looked in so she was forced to look in my file and i see that there was one that someone else had filled in saying everything in the apartment was in good condition and they even forged my signature! i could not believe it and i told her this is not the one i had gave you! she just said this is all we have and so i asked her for a copy of it and she gave it to me she had no other option now the thing is my a/c does not work since i moved in and after complainig several times the only thing they did was bring me an a/c that blows air out the window but the next door neighbors smoke outside and the smell goes in my apartment and i have my 6 month old baby in and that is not healthy at all for her. What can i do? I really need help i cannot live like this plus winter is coming up

    • Lucas Hall

      Hi Julieta,

      WOW! Forgery is a crime! I can’t believe they would stoop to such a low level.

      Even though your document was forged, it still doesn’t change the fact that they are responsible for a habitable unit. If any of the issues that you are facing affect habitability, then they will need to remedy it. However, the issue with the smoke should initially be dealt with between you and your neighbor.

      Try having a conversation with him/her and asking for them to smoke somewhere else. Tell them that the smoke enters your unit and you have a baby who is breathing it in. Any decent person would just find another place to smoke. If the neighbor doesn’t respect your wishes, you can try reporting it to the manager.

      If that doesn’t work, you can always hire a lawyer to force them to behave. There are also plenty of free legal aid resources that might help you:
      http://www.lacsn.org/
      http://www.washoelegalservices.org/

      I hope that helps. Keep in mind, I’m not a lawyer nor is this legal advice.

  • Aliesha H.

    My fiance and I signed our lease in April 2014 believing that our apartments were safe and crime free according to our leasing agent. How ever since we have lived here we hear gun shots go,off on a regular basis from the complex next to our and have had several of the shooter hop our wall to our complex. We have two small children together and my other child stays with us on weekends, I DO NOT FEEL SAFE living here. We have also been told that our neighboring complexes are gang turfs and they are battling over our complex for turf.
    Can we legally break our lease?

    • Lucas Hall

      Hi Aliesha,

      Sometimes you can break a lease for false advertising, but there also has to be some responsibility taken on by you. There is some level of expectation that a renter does his/her research about an area before signing a lease.

      I think you need to talk to the leasing office and argue this out with the property manager. If they refuse to let you out of your lease, you might need a lawyer to force their hand. I don’t recommend abandoning the lease because you will probably find yourself in court, with a debt of unpaid rent, and a ding on your credit. The termination of the lease must be mutual.

      I hope that helps. Keep in mind, I’m not a lawyer nor is this legal advice.

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