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.

Topics:
  Laws & Regulations
Automate
Your Rental
Properties

390 CommentsLeave a Comment

  • Betty

    Hi I am betty, can my family member that I live with (No Contract) sell the property and ask me and my kids to move out in 9 days? She put property for sale last year with out notice that we will have too move, she got an offer and again did not let us know. Am I entitled to a 30 day notice as of the day of closure of sale.

    • Lucas Hall

      Hi Betty,

      If you don’t have a rental agreement (verbal or written), and don’t pay rent, then you are only a guest. Guests don’t have as many rights as tenants. I’m not a lawyer, so please don’t consider this legal advice. I have no idea how much notice is required, if any, since you are not a tenant.

  • Crystal Lewis

    Hello. I’ve had 2 deaths in my family this month. Very costly. I put in my 30 day notice to move on the 1st. However sudden deaths took the funds needed for the last month’s rent. I called the company and asked ifi could pay them off even if in a payment plan. I explained my situation. The said no problem and that the main guy said to email him on detail what happened and when I could pay. I did that. Hood tapings was cut and dry “Sorry we can’t accommodate you -Jon” I was evicted and I’m wondering about my security deposit. Can they keep it? Can I use it to pay what I owe? Help I’m so stressed. -Drained Living in Reno, Nevada

    • Lucas Hall

      Hi Crystal,

      The security deposit can be used to compensate the landlord for financial or material damages. It can be used to pay for repairs to damages that you caused, and/or to cover unpaid rent or fees.

      If the deposit doesn’t cover all the damages, they will send you a bill to pay for the rest. If the charges are legit, and you refuse to pay it, they may either take you to small claims court, or sometimes professional PMs skip the courts and hire a collections agency. Either case is bad for you.

      My suggestion is to try and settle up with them as best you can. Whenever you do work something out, and pay your debt, be sure to get a statement that says “settlement in full”.

      Please know that I am not a lawyer, and this is not legal advice. I’m just a landlord trying to help :)

  • stacy

    My roommate file a 3 day nuisance and property damage against me for putting a hole in the door. When ever he drinks he likes to bang on my door and I go out there to see what he wants he starts and argument .then when I tried to talk to him he went to slam the door in my face so I put my foot up so the door didn’t hit me in the face and that’s how the hole in the door. Then I got served with a 5 day unlawful detainer. When never see each other unless in crossing . Everything in the apartment is mine even his bedroom stuff he let’s his dog pee and poop every were and half the time he doesn’t clean it up the dog has also peed on the bed I let him use on my couch and tv there’s dog poop all on the balcony and on the sliding door to the balcony dried up dog poop and pee. He let’s his friends come in and war my food and so does he please help need some advice

    • Lucas Hall

      Hi Stacy,

      I’m happy to help but I don’t really understand the situation. How could your roommate give you an unlawful detainer notice? Is he also your landlord?

  • Teressa

    My son moved in a town house 3 months ago and it had a broken water heater a broken stove and a water leak due to a toilet not being properly sealed when it was installed and no filters in vents. Lot’s of other issues but those are the majors. Anyway the management company said it would reimburse when all the repairs when complete and repairs are still not completed. Parts of stove were fixed but it’s still a fire hazard and can’t be used the filters are still missing. He is still paying rent on time every month since he moved in. What should he do at this point? Any advice would be so appreciated

    • Lucas Hall

      Hi Teressa,

      Thanks for your question. I’m sorry your son is having to deal with this.

      What do you mean the management company said they would reimburse him??? All this should be paid for by the management company in the first place. If your son is paying out of pocket for this, he’s going to have an even harder time getting them to pay him back.

      My suggestion, if I were in his shoes, would be to write a “demand letter” stating that the place is not habitable in its current state – no hot water, sewage leaks, no working stove, etc. I would “demand” that they fix everything within 10 days or I would be terminating my lease for inhabitability and seeking further damages in small claims (check the statutes or talk to a lawyer because the requirement might be as little 5 days)

      I would pay $50-$100 to get a local attorney to send the letter on their letterhead. That’s also a good time to get real legal counsel.

      Often times, you just need to wave a big stick in the air in order to motivate them to take action.

  • judy

    Hi I moved into an apartment with my husband his name is on the lease but mine isnt can he put me out? Also there is 2 other people with their kids staying there also they pay half the rent but have no mail going there. Me on the other hand I have mail and bills going to that address I left and took all my clothes but my furniture is still there. Am I allowed to go back and stay there because I am his wife?

    • Lucas Hall

      Hi Judy

      I’m not a lawyer and this question would better be answered by an attorney.

      Generally speaking, if your name is not on the lease, the. You have no right to occupy a premise. Now, because you’ve been allowed to occupy the premise with both the landlord’s and lessee’s permission, you do have some rights. I’m just not sure how much.

      You absolutely should be allowed to get any personally belongings.

      If you are denied access to your stuff, you should talk to a lawyer ASAP.

  • alisha

    if a home is sold in an auction. how long do you have before you must vacate. my friend was given a 14 day notice.

    • Lucas Hall

      Hi Alisha,

      There are too many variables to give you a straight answer.

      If the home was sold at auction, I have a feeling this isn’t the first time your friend was aware of the pending trouble.

      Further, your friend’s lease will be the biggest factor. If she has a fixed-term lease, then the lease would just transfer to the new owner. However, if she has a monthly or weekly lease, it can be easily terminated. You should read thorough the statutes linked in the Notices section above: http://www.landlordology.com/nevada-landlord-tenant-laws/#notice

      Also, you should encourage your friend to talk to a lawyer to get real legal advice. I’m not a lawyer, but rather just a landlord trying to help.

      • Mike

        RE: Fixed Term Lease, in NV., if the property you are leasing is sold, traded or transferred to a mew owner, it doesnt matter what your agreement is with the last owner, the new owner is not bound to honor any contract or agreements made to anyone for anything, unless the new owner agrees to honor them when the property is purchased, most times when a property is sold such agreements are not made leaving the new owner to decide what they want to do with the property. That being said, no matter what your deal is if the roperty is sold you can have a hundred year lease with the old owner and the mew owner can give you a 14 fay notice to quit and vacate, if you dont they file a motion with the court file another to expedite the hearing and within 7-10 ays after taking ownership have an order from judge to jave you removed, the marshalls put a notice on your door to vacate in 14 days, if you dont the new owner goes to the marshalls office fills out a form and in 72 more hours the marshalls are at your door with a moving company throwing you (literally) and your stuff out into the street. If you put up a fuss, you get to not pass go, dont collect $200, and go to jail. Thats the law here in vegas. So litterally, if a new owner takes over you jave 30 daus untill your thrown out (literally). Dont believe it, read the papers.

        • Lucas Hall

          Hi Mike,

          Thanks for your comment, but I have to ask, can you cite this law or statute? Can you link to a government website that supports this?

          In most parts of the country, the residential lease continues even though property ownership changes. If Nevada is different, there must be some sort of documentation to prove it.

          I’d love to be able to add this info to this page, but I need a reference to do so.

  • Sage

    I am going to be moving out of state, between 1600-2300 miles away depending on the job offer. My husband went to India and won’t return or sign the 30 day notice that I have to give. He won’t even call me. He just wants me to move alone and then join me in the new area when he feels like it. How can I vacate my unit if he won’t cooperate. My landlord won’t allow me to until he signs. Can they keep me here indefinitely?

    • Lucas Hall

      Hi Sage,

      If you both are on the lease, then you both need to give notice (by signing). Otherwise, the landlord doesn’t have any assurance that all tenants plan to move out.

      Until you can give a formal notice to terminate the lease, you’re stuck paying for the place.

      There are so many digital signing tools out there, that it shouldn’t matter where your husband is located. Try http://www.hellosign.com or http://www.signnow.com. Both let you upload documents, and your husband can sign it on any computer.

      No one can “keep you there indefinitely”, because you can move out any time you want to. However, you would still be responsible for the rent payments until the landlord found a replacement for you.

      Keep in mind, I’m not a lawyer nor is this legal advice. Good Luck Sage.

  • Tenant

    Can water company deny water service to new tenant of property if previous tenant/landlord/ or occupants has past due water bill at such address …

    Tenant that likes running water… /

  • Sally v

    Hello
    I have lived in a condo for a year now. But now the landlords ask me to leave in 14 days. It was up on the 4th so I asked for and extension just until the end of this week. I have a little girl and I didn’t want her to be homeless. I wanted to find a place first but I have bad credit and it’s hard to get approved. So when I asked they said for me to pay partial rent. I said if I pay 400 how long will it extend to. He said Friday or Monday. So I’m thinking it’s next Monday the 15 th. Not tomorrow Monday. Why would I pay 400 for them to kick me out anyways. What should I do?

    • Lucas Hall

      Hi Sally

      Does the landlord have a legitimate reason to terminate your lease? Do you even have a lease at all? If so, what type of lease is it – month to month or fixed term?

      If you have a lease, and it has not naturally expired, the only reason a landlord can terminate it is if you violated the lease somehow, or didn’t pay rent.

      Even if he legitimately terminates your lease, he can’t “kick you out” without first going to eviction court and winning a judgement. After he wins the court case, the sheriff will come by the house to forcefully remove your belongings. The landlord is not allowed to remove your stuff, change the locks, or cut off the utilities. If he does, call the police.

      Don’t let your landlord intimidate you. You need to do whatever you have to in order to keep your daughter safe, and a roof over her head, even if that means dragging this out and going to eviction court. Please try to find another place to stay quickly, but don’t give up the only safe place you have so willingly.

      Keep in mind, I’m not a lawyer, and this is not legal advice. I feel for your situation, but please consult an attorney in your area before taking any legal action, or if the landlord files an eviction case against you.

  • tiana

    Can a property management evict you out of the property because you have been late for your rent payments for the last 2 months. Even if you have paid the late rent plus fees and you are on a 1 year lease agreement?? this is for Henderson NV. Please advise I will be late again this month so I was just wondering what are the steps.

    • Lucas Hall

      Hi Tiana,

      Yes. In fact, NRS 40.2512 says the landlord can terminate a lease for nonpayment after only 5 days.

      Keep in mind, once your lease is terminated, you have no legal right to stay in the property. If you refuse to leave, the landlord/manager must go to eviction court to win a judgement against you. Once they do that, the sheriff will show up to forcefully remove you and your belongings. Prior to that, landlord or manager can’t touch your stuff, change the locks, or shut off the essential utilities – or do anything that forces you out of the unit.

      If you want to try and fight the landlord, you’ll need a lawyer. Most judges don’t favor tenants who don’t pay rent. I’m not a lawyer, nor is this legal advice. I’m just a landlord trying to help.

  • S Taylor

    I have been living in a home for over four months now and have been trying to get the property management company to fix items that are on my walk thru list. It is now September and a few things have been fixed. Ex: I have not had a working oven in two months, shower, dishwasher etc.. The real issue is that the home has a severe roof leak and since it has rained it has caused damaged to inside the walls and down the side of the moldings. My concern is that mold is now in the walls and my health is at risk. I have been going back and forth with them for over two months now and its just excuse after excuse. Do I have cause to break my lease? I am over this house and dealing with them. There are so many things that I could list about what is wrong with the house.. but we would be here all night. Thanks for your help….

    • Lucas Hall

      Hi S Taylor,

      A landlord is responsible to fix items that affect habitability. The roof leak definitely can make the unit inhabitable depended on how bad it is. Now that there is mold, you have one more thing to worry about.

      My suggestion is to talk to a lawyer ASAP. If you can’t afford one, there are plenty of legal aid service in Nevada, some are mentioned above. They can give you legal counsel for a discount of for free. If I were in your shoes, I would get help from a lawyer to either send a “Demand Letter” or a “Notice to remedy or quit”. Both letters demand that they fix the issues, but the second one (assuming there are habitability issues), allows you to terminate the lease after X days.

      A local lawyer would be able to help draft these up with respect to your local laws. Good luck.

  • Liz

    We have been renting to a “friend” since Nov 15, 2013, he was on a 6 month lease that ended on May 15, 2014 and is now on a month to month basis. Lease stipulates that rent be paid on the 1st, the 10 is the absolute latest to pay the rent. Our tenant always pays between the 8th and the 15th. When I tell him he needs to pay in full by the 5th he ignores me and pays later. The lease didn’t stipulate late fees, but now that he is on a month to month can we charge him late fees for every day after the 1st that the rent isn’t paid? And if so how much are we allowed to ask for? And what are my rights as far evicting him? Is none payment by due date sufficient enough reason to evict? The home is located in Winnemucca, NV. Appreciate any help you can give us.

    • Lucas Hall

      Hi Liz,

      The nice thing about a month to month is that a landlord change change the terms of the lease every month. Of course, if the tenant doesn’t agree to them, he/she would not be allowed to renew the monthly lease, and would be forced to move out. I suggest giving at least 15 days notice for any changes. To be on the safe side, give 30 days notice.

      Without specifying a late fee in the lease, you can’t charge one. But that shouldn’t stop you from modifying the lease now, and charging late fees in the future. There’s no NV statute (that I’m aware of) on how much you can charge for a late fee, but the industry standard is somewhere between 3-10%. If your rent amount is small, then make your late fee 10%. You want it to hurt a little, as to provide motivation to pay on time.

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

  • Sandi Wieczorek

    I live in an apartment in Las Vegas and I live downstairs. First I have really bad allergies (and can prove it with letters from allergist) the people upstairs smoke and the smoke comes through the vents and I can’t even sleep in my bedroom because of smoke coming from my master bath vent and bedroom vent, I sleep in another room with a fan to blow smoke away is there anything I can do? I have complained about this to management and got a eviction (without cause) but I paid my rent and they dropped it. Also I have 9 people living above me that consists of grandma,grandpa,mom,dad and 5 young girls is this legal?

    • Lucas Hall

      Hi Sandi,

      You’d have to check with your local county code ordinance office to see what the occupancy rules are. Often times (in other states/counties) there is no limit if everyone is part of the same immediate family.

      On the other side, another tenant is not allowed to affect your unit. If smoke is coming into your unit, that can be considered a nuisance, and the management company should take steps to remedy it. They may choose to outlaw smoking, or fine the tenants under nuisance rules. But if they are going to allow the tenants to continue smoking, they need to do something to keep the smoke from coming to your unit.

      They wouldn’t allow a neighboring unit to throw trash into your living room – how is smoking any different? If they still won’t do anything, you should get some legal help from a lawyer, and terminate your lease – and make the apartment complex pay for your moving costs. There are plenty of free legal aid services in vegas. Just do a google search, or use the links I provided above.

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

  • Donnie

    I lived in Las Vegas. I lived 3 years in my condo under a landlord. I gave my landlord almost 45 days notice I was vacating the premise. I sent a certified letter along with last months rent stating I was leaving in 30 days. It is now past 40 days and I haven’t received my deposit returned or even an itemized list if he the landlord was withholding to my new forward address. I understand under Nevada Law I am entitled to my 2x the amount of the deposit if the landlord fails to return it in 30 days.

    My question is I live in another state, can I also make the landlord pay for an legal fees if I hire a lawyer? Can I also tack on interest for the 3 years of that deposit? Also if I do get a judgement in my favor, how does the court enforce that the landlord will pay the judgement? What if he just decides to stiff me on it?

    Also what if the landlord mailed the deposit to my old address and I did not leave a forwarding address, am I liable? I let him know my new address but I didn’t forward the mail to a new one.

    Thanks for your time and this site is great!

    • Lucas Hall

      Hi Donnie,

      Thanks for your question. A lot of what your asking depends on the lease you signed. Was there an early termination clause that you were subject to or did you simply terminate a month-to-month tenancy?

      Also, I don’t believe landlords are subject to 2x the deposit. Check out NRS 118A.242 (6) http://www.leg.state.nv.us/NRS/NRS-118A.html#NRS118ASec242

      The rest of your questions are better answered by a lawyer – which I am not. The answers you are looking for are not clear (at least to me) in these statutes. Good luck man. I’m sorry I couldn’t have been more help!

      • Donnie

        6.  If the landlord fails or refuses to return the remainder of a security deposit within 30 days after the end of a tenancy, the landlord is liable to the tenant for damages:
        (a) In an amount equal to the entire deposit; and
        (b) For a sum to be fixed by the court of not more than the amount of the entire deposit.

        Thank you, but the way I interpet it, if the Landlord does not return the deposit within 30 days I am entitled to the entire deposit PLUS an ammount equal to the deposit. That is the issue at hand, the landlord has not returned any portion or even a itemized note for the use of the deposit in the past 30 days. How is the landlord not subject to oweing 2x the rent?

        • Lucas Hall

          Hi Donnie,

          It seems like you are correct. I just misread the statute. Keep in mind, a judge would still have to award that amount to you, so it’s not guaranteed.

          Good luck!

  • Sean Denton

    My landlord is asking me to pay a professional to steam clean my tile floors. And if we don’t he will hire someone to do it. And tact the bill to my rent.

    • Lucas Hall

      Hi Sean,

      Generally speaking, a tenant is responsible for returning the property to the condition it was when he/she moved in – minus normal wear and tear. If a tile steam clean is needed to accomplish that, then the tenant should be responsible for paying for it.

      Cleaning charges for excessive dirt can indeed be charged to the tenant.

      I’m not sure what your question was, but I hope that answered it.

  • Rose

    I cannot find anything that can give me an exact answer to my question, so I hope you can help. Does a personal property notice need to be posted on a/the property immediately following a formal eviction/ lockout? In reading the statutes, I cannot find a specific amount of time- “reasonable” isn’t helping. Former occupants/tenants leave property behind all the time, so this seems to be something lenders are prepared for…but for an individual exercising rights of ownership under power of attorney for another individual- all of which do not live in the state of Nevada- the law isn’t clear. If a lockout took place on Friday and nobody was on the property at the time, does a PPN need to be posted that same day? The document has been drafted and is able to be posted on Monday, but is that putting the individual at risk of being held liable for anything? One occupant’s medication was left behind and there is no desire to hinder any treatment he may be receiving.

    • Lucas Hall

      Hi Rose,

      I wish I could help, but I honestly have no idea. This is a legal question, one that is specific to your state. My suggestion is to get legal advice from a lawyer. If you’re concerned about liability, then advice from a local attorney is small price to pay.

      Good Luck. If you find the answer, let me know, and I’ll add it to this page.

  • Megan

    Hi, my boyfriend lives in a small apartment building and recently he had a notice on his door stating that The new downtown police special assessment district of reno, would be interning his home and inspecting everything in the apartment. The notice also said “you can tell them they can’t come in if you choose to” but that’s about it. It was posted on his door on the 15th and today is the 16th he wasn’t home at the time it was posted and he just got home towards the end of the day today on the 16th he believes all of his belongings were tampered with and he believes that the police may have entered without his permission when he wasn’t home. His legal papers were tampered with, a shoe box was on the floor and opened, and, his air conditioner was turned off. If he were to find out that someone in his apartment building or a landlord let an officer in his apartment without him knowing could he possibly sue that person? Or even the reno police department?

    • Lucas Hall

      Hi Megan,

      That’s a really great question. Unless there is an emergency situation, usually police don’t enter without a search warrant. It just seems like an odd thing to do, and if the police really did enter, there should be a record of it at the local police station.

      It sounds to me like the landlord might have been trying to snoop, and made up some elaborate story. Then, when you weren’t home, the landlord snuck in – for whatever reason.

      If I were you, I would call the police and report a break in – or entering without breaking. If they were there earlier, the police would be able to connect the dots. If not, then at least you have a police report showing that someone entered without your permission.

      I hope that helps, keep in mind, I’m not a lawyer, so please don’t consider this as legal advice.

  • Arlene

    I’ve been renting a single family home in Summerlin for 6 years. The property has been managed by a property management company. Apparently the original PM has closed it’s doors, and I was contacted by a new PM company about taking over the landlords other 6 rentals as well as this one. They provided proof that the landlords had agreed to this.

    Some time has passed & when I was presented with a new lease, there was no mention of security deposits that I had paid, so I inquired about this. I received an email from one of the agents stating as follows:
    “I completely understand where you are coming from. I do know the homeowner is going above and beyond to get not just your security deposit but everything that is owed to her. Your homeowner has your best interest in mind and hers.
    We just can not put it on the lease since technically we do not have it in our possession.”

    Who is responsible for the security deposits I paid? I’m not sure where to turn for some advice. Please help.

    Thank you!

    • Lucas Hall

      Hi Arlene,

      Honestly, I don’t know why your lease is changing at all. Your previous lease should still be valid. Just because the property manager changes, doesn’t mean your old lease is invalid. Your lease should be between you and the landlord. The PM is just an agent of the landlord.

      Heck, if the property changes ownership, your lease still remains because it is tied to an address, not a person.

      Next, I don’t know why they can’t mention the deposit. That’s ridiculous. The deposit should be in possession of the landlord. If the previous PM never gave the deposit to the landlord, and then went bankrupt, then that’s an issue between the landlord and the former company. You should NOT have to supply another deposit.

      All they have to do is place some language in the lease saying “the deposit was paid on MM/DD/YYYY directly to LANDLORD or PREVIOUS PM. The landlord is still in possession of the deposit monies, which will act as security for this lease.”

      I’m not a lawyer, but I would be pissed if I were you. I think they are just making up excuses because your situation doesn’t fit into their normal way of doing things.

      Even if they won’t put the deposit in the lease, you can still have them sign some sort of addendum showing that you previously paid it. Lazy, Lazy, Lazy!

  • Mark

    Lucas, I live with my girlfriend and her lease (I was not on the lease) expired on july 31. She moved out in middle of July, but I stayed without a written lease paying month to month. The Deposit (which was only 1/2 month rent) was not returned to girlfriend (she moved back in late August). Landlord is now selling the property, and she has texted me that I have 90 days to move out and stated that I would be responsible for Oct and Nov rent.

    1.) what does girlfriend need to do to get her deposit from the original written lease?

    2.) can she/we use the non-returned deposit as a negotiation tool for partial rent if we find a new place before Dec?

    3.) because I was month to month and landlord texted 90 day notic, do I still need to give 30 day notice if we find a new place sooner than Dec, example, next week before Oct rent is due?

    We would like to be in a new place by Nov 1st to Nov15th at the latest, but dont want to pass up on a place that we might like. Homes with RV parking seem to be tougher to find than I thought in the south/southeast Las Vegas area.

    I will probably have follow up questions after you reply.

    Thanks

    • Lucas Hall

      Hi Mark,

      1. The deposit is usually carried over, if the lease is continued on a month-to-month basis. Assuming the landlord knew that you were there, I would assume the deposit would get returned after everyone moves out and the property is returned to the landlord.

      2. No. A deposit is only to be used as compensation to the landlord for damages caused by the tenant. Since you don’t have possession of it, using it as a negotiation tool would be futile.

      3. If the current lease is truly a month-to-month, and you are an approved tenant, then you would only have to give 30 days notice from the 1st of the month. So if you found a place sooner than the end of december, you’d still have to give notice. If you don’t give notice before Oct 1, then you’ll get stuck paying for all of November. For example, if you gave notice on Oct 2nd, it would not be 30 days from Nov 1st, therefore the earliest your lease could terminate is Dec 1st. Make sense?

      You should check out NRS 040 Sec251
      http://www.leg.state.nv.us/NRS/NRS-040.html#NRS040Sec251

      I hope that helps. Keep in mind, I’m not a lawyer, so please don’t consider this legal advice.

      • Mark

        HI Lucas, thanks. I did check out nrs-040.241, and not sure how it applies, as landlord does know that I/we are there and are on month to month.
        While I was at NRS, I found these that say landlord can use the security deposit as a remedy for payment of rent: (i’ve taken out some of the lines to save space)
        NRS 118A.240  “Security” defined.
        1.  Any payment, deposit, fee or charge that is to be used for any of the following purposes is “security” and is governed by the provisions of this section and NRS 118A.242 and 118A.244:
        (a) Remedying any default of the tenant in the payments of rent.
        (b) Repairing damages to the premises other than normal wear caused by the tenant.
        (c) Cleaning the dwelling unit.
        2.  “Security” does not include:
        (a) Any payment, deposit or fee to secure an option to purchase the premises; or
        (b) Any payment to a corporation qualified under the laws of this State as a surety, guarantor or obligator for a premium paid to secure a surety bond or a similar bond, guarantee or insurance coverage for purposes of securing a tenant’s obligations to a landlord as described in NRS 118A.242.
        (Added to NRS by 1977, 1334; A 1981, 1184; 1985, 1414; 2009, 488)

        NRS 118A.242  
        2.  In lieu of paying all or part of the security required by the landlord, a tenant may, if the landlord consents, purchase a surety bond to secure the tenant’s obligation to the landlord under the rental agreement to:
        (a) Remedy any default of the tenant in the payment of rent.
        (b) Repair damages to the premises other than normal wear and tear.
        (c) Clean the dwelling unit.
        4.  Upon termination of the tenancy by either party for any reason, the landlord may claim of the security or surety bond, or a combination thereof, only such amounts as are reasonably necessary to remedy any default of the tenant in the payment of rent, to repair damages to the premises caused by the tenant other than normal wear and to pay the reasonable costs of cleaning the premises. The landlord shall provide the tenant with an itemized written accounting of the disposition of the security or surety bond, or a combination thereof, and return any remaining portion of the security to the tenant no later than 30 days after the termination of the tenancy by handing it to the tenant personally at the place where the rent is paid, or by mailing it to the tenant at the tenant’s present address or, if that address is unknown, at the tenant’s last known address.

        But I would much rather do it right and get the deposit back. Thanks again

        • Lucas Hall

          Hi Mark,

          You’re absolutely right. The landlord CAN use the deposit to cover any missing rent, but in both clauses, it’s to “Remedy any default of the tenant in the payment of rent”. Meaning, it’s only if the tenant refuses to pay rent.

          The tenant is not allowed to designate that it be used for the rent. Further, if there are any damages beyond normal wear and tear, the deposit will be used for that first, then go to pay for any missing rent.

          So, if you don’t pay rent in the upcoming month, your lease could be terminated with 5 days notice (NRS 40.2512), and then you still might be responsible for the rent.

          It’s just best to do it the traditional way – continue to pay rent in full, give proper notice when leaving, and then return the property in similar condition as when you moved-in, and then wait for the return of the deposit.

  • Tiana

    Received an eviction order filth ambition for stay how likely will a judge grant the motion to stay in henderson nv

  • Crystal

    The home I am currently renting was listed for sale a few months ago(North Las Vegas) and as of two weeks ago I heard the owners have accepted an offer. The buyer has already done a home inspection and from what I understand they expect to close the deal, so to speak, by November 20th.

    I have been in this home for 4 years but have not signed a lease with the property management company in the last two years. Because the house is being sold and because I have no signed lease agreement am I required to give the standard 30 day notice? Also, can the owners use any of my deposits towards any buyer demands like cleaning the carpet or painting, etc? Lastly, how quickly is the PM company required to refund my deposits?

    • Lucas Hall

      Hi Crystal,

      If your previous leases were not constructed to renew automatically , then yes, you likely are in a month-to-month agreement – with the same lease terms (except the dates) as the previous lease.

      According to NRS 40.251, 30 days notice is required to terminate the agreement. Make sure you give 30 days notice from the 1st of the month (or whenever rent is due). So, as of now, the earliest you might be able terminate a lease is Oct 31, if you gave notice on or before Oct 1.
      http://www.leg.state.nv.us/NRS/NRS-040.html#NRS040Sec251

      A landlord can only use a deposit to pay for unpaid rent and fees, and the repair of any damages beyond normal wear and tear. If you damaged the carpets and walls beyond normal wear and tear, then yes, they can use the deposit to make repairs. Many leases require a tenant to have a carpet professionally cleaned prior to leaving – regardless of the condition, so check your old lease for this language.

      The return of the deposit is described in the section above called “Deposits”: http://www.landlordology.com/nevada-landlord-tenant-laws/#deposit

      Keep in mind, I’m not a lawyer so please don’t consider this as legal advice. I always suggest consulting a local attorney before taking any action.

  • Heidi

    My apartment had a fire in the kitchen only, it did some significant damage and it is unlivable . Firefighters wrote it as an accident but I was at fault because apparently the stove was left on but nothing was in the stove or on top so the cause of fire is unknown the managers gave me another apartment and I moved in, I have heard that they they did this just to protect themselves for the reminder of the month as my rent is paid up and I am on a lease but at the end of the month they will probably evict me since I was at fault do you think this is true? I had to rent a u haul, pay for unexpected change in utility fees and just want to know if I should be making plans to move AGAIN any suggestions/advice would help greatly. Thank You.

    • Lucas Hall

      Hi Heidi,

      I’m sorry to hear about the fire but I’m glad you weren’t hurt. The insurance money should pay for the renovation so you shouldn’t have to worry about that. As for your lease, I honestly don’t know.

      I think you’re just going to have to wait and see. Don’t make any plans until you get an official termination notice. With any luck, they won’t press the issue and will just carry on as normal.

      As you probably know, I’m not a lawyer so please don’t take this as legal advice.

  • jaun

    I am curious about my situation. My lease expired I believe the end of August of the end of September, but I believe it was August. I am curious if I am served eviction notice currently, and am told I have a lock out date of Monday if I can just up and move out to elsewhere or would I back rent ? I

    • Lucas Hall

      Hi Jaun,

      If your lease expired, but you still live there, you would be responsible for rent in a month-to-month situation. So if you are failing to pay rent, they will evict you, but you will have to pay rent for that month (and often 30 days more).

      Further, please know that they can’t just “lock you out”. That is against the law. They have to go to court in order to force you to leave. But if you’re not paying rent, please just leave as quickly as you can.

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

  • Jaun

    they will the morning of 29th

Join the Discussion

Your email address will not be published. Required fields are marked *

Landlordology is a moderated community.
If you want your photo to appear next to your comment, create a Gravatar.

Get Updates by Email

Join Thousands of Landlords