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
  • Non-Refundable Fees: Landlord must disclose and explain any non-refundable fees (which are allowed for cleaning) in the lease agreement. (NRS 118A.242(8))
  • 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 provide a completed move-in checklist stating the inventory and condition of the dwelling at the time the tenant takes possession. (NRS 118A.200)
  • Landlord must inform the Tenant in writing, if the property is subject to a pending foreclosure. (NRS 118A.200)
  • Landlord must explain, in the Lease, the conditions upon which the deposit will be refunded. (NRS 118A.200)
  • Other than normal wear, the premises will be returned in the same condition as when the tenancy began. (NRS 118A.200)
  • Special Protections for Domestic Violence Victims: No Statute
  • Examples of retaliation include filing an eviction lawsuit, terminating a tenancy, refuse to renew, increasing the rent, or decreasing services. (NRS 118A.510)
  • Retaliation is assumed if the Landlord takes such action after Tenant complains to the landlord about unsafe or illegal living conditions. (NRS 118A.510)
  • Retaliation is assumed if the Landlord  takes such action after Tenant complains to a government agency, such as a building or health inspector, about unsafe or illegal living conditions. (NRS 118A.510)
  • Retaliation is assumed if the Landlord takes such action after a Tenant joins or organizing a tenant union, for the purpose of presenting his/her views. (NRS 118A.510)
  • Retaliation is assumed if the Landlord takes such action after Tenant exercises a legal right allowed by your state or local law. (NRS 118A.510)

Court Related:

Business Licenses:

  • Business License required: No state-wide statute, but local cities and counties may have regulations and requirements.  Check with your local governing authority.

Overview Video

This is another seminar in the, “Access to Justice” series, presented by local attorneys and sponsored by the Nevada County Superior Court Public Law Center.

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511 CommentsLeave a Comment

  • Plettchell

    Hi, I’m a Vegas condo owner, living out of state.
    Feb 1/14 -Tenant signed a 2 yr lease. Termination date on lease: Jan 31/16. Tenant paid Feb 2015 rent

    Feb 5/15 Tenant emailed to say he’d be terminating early, for employment in another state.
    What options do I have regarding my financial loss? Is Tenant liable to pay balance of lease? (I don’t require it)

    I’d like to have him pay “full” months, until a replacement is found & also pay 3/m rent

    To cover loss/expenses: -pay incentive to realtors 4 advertise/review tenants/show unit (if tenant can’t or leaves before new tenant found); -pay for flights; to do inspection/lease signing with the new tenant (done with every tenant), a rental car.
    I’ve got a Vegas 2nd home, so that’s not an expense.

    Therefore, I’d like to ask for 5/m rent in advance of him leaving. Once new tenant’s found & moved in, calculate: full months till tenant moves in, flights, rental car, realtor incentive/advertise. Then return balance

    Reasonable, Lawful?
    Thanx

    • Lucas Hall

      Hi Plettchell

      It’s my understanding that a landlord must attempt to mitigate damages to a tenant who abandons a lease. (NRS 118.175) http://www.leg.state.nv.us/NRS/NRS-118.html#NRS118Sec175

      The most common form of mitigation is only charging the past tenant for rent up until a new tenant is found, and that the landlord must make a reasonable attempt to find a new tenant quickly.

      I personally think it would be unreasonable for you to expect the tenant to pay for any of your flights, lodging, meals, etc, because these are all expenses that you would have to do eventually. The tenant is only obligated to the fees in the contract.

      In my leases, I always include an early termination fee of 2 months rent, which gives the tenant a way to buy themselves out of the lease.

      Generally speaking, if it takes you 60 days to find a new paying tenant, the old tenant would only be responsible for 60 days worth of rent plus any excessive property damage. The cost you incur from marketing or showing your unit are yours, not his. That’s the cost of doing business.

      As always, each situation is different, and I’m not a lawyer so please don’t take this as legal advice. If you feel that the tenant owes you more than he is willing to pay, then you could take him to small claims court.

  • Kathy F

    I charged my tenant a $250 non-refundable cleaning fee. However, in the lease agreement it states that they must return the property in a clean and neat condition. it also goes into details stating…..closets / cupboards clean, oven cleaned, all trash removed from property, carpets commercially cleaned. None of this was done. Can I charge them for not doing as requested. What can I or can’t I charge them for based on the fact that I did charge them a $250 non-refundable cleaning fee? (The state is Nevada)

    • Lucas Hall

      Hi Kathy,

      Did you also take a security deposit? Because they didn’t fulfill the lease conditions, it seems like using the security deposit is the logical next step after you use up the $250. If you did not take an additional deposit, then you’ll have to send them an itemized bill for any extra expenses, with receipts. If they refuse to pay, you have to settle it in small claims.

  • Dorita Duffield

    Our apartment was broken into when I confronted the suspects they became aggressive. I went and talked to the office manager letting her know I was uncomfortable living there. The office Manager gave me some choices first one being to find another place and move. This would cost me 1000 dollars with a police report 2000 without the report or Transfer to another Camden property for 400 dollars transfer fee. After Transferring to another Camden Property we got a bill in the mail for 1164.00 charging me 400.00 for the transfer and 200 for the move in special. Can they do this?

    • Lucas Hall

      Hi Dorita,

      It really just depends on what your lease says. A break-in doesn’t automatically allow the tenant to get out of the lease – especially if the landlord is not at fault in any way. Therefore, if you wanted to move, then it was completely your choice, and you must follow the terms and fees in the lease.

      I don’t understand how 400+200 = $1164, and I think you could probably argue the “move-in special” seeing how you are an existing tenant.

  • Chris

    I am curious about what applies to someone who is in a month to month lease. I am unhappy and see rates go up monthly. I want to just leave where I am but not sure exactly how I can. Do I have to submit paperwork or just leave ? What effect will me up and going have on a new property when appyling ?

    • Lucas Hall

      Hi Chris,

      That’s a fair question. Month-to-month generally automatically renew unless either party gives proper notice to terminate the agreement.

      To terminate a M2M lease, a tenant needs to give 30 days notice to the landlord. (NRS 40.251)
      http://www.leg.state.nv.us/NRS/NRS-040.html#NRS040Sec251

      If the tenant fails to give proper notice, they might be held responsible for additional rent and could lose the deposit.

      Please know that I’m not a lawyer, and this is not legal advice. If you’re looking legal advice, please consult and attorney.

  • brandon

    Hi Lucas, I am acting as property manager for a friend who owns and rents a condo in Summerlin, Las Vegas but moved to California. We have had renters in the condo for about 18 months of a 24 month lease. A man moved in the condo with his girlfriend but only he signed the lease. They broke up, she has been paying the rent for the last 8 months on her own but now the payments are becoming late and she is trying to renegotiate to a lower amount. We think we can get the same rent if we find new renters, wondering how I go about getting her out being that I am just a friend helping out my friend and am not working for an actual property management company? Thanks for the help!

    • Lucas Hall

      Hi Brandon,

      I don’t suppose she is the one on the lease? If not, then you would still have to honor her residency there since she has been allowed to occupy the unit and pay rent. If she fails to pay rent in full in the future, then you can terminate the default agreement for non-payment with 5 days notice to pay or quit (NRS 40.2512), and then start the eviction process if she doesn’t leave.

      In the future, it’s best to have all adult residents sign the lease.

      Alternatively, if she’s having trouble paying the rent, you might want to see if she will leave voluntarily. If given the opportunity, she may vacate on a agreed upon date. You’d also want to reach out to the actual lease holder and keep him in the loop – just in case he wants to start paying rent.

      I hope that helps. Please know that I’m not a lawyer, nor is this legal advice.

  • Rick Waters

    Hello there,
    First I would like to thank you for your detailed informational responses. I’ve learned a lot looking through past posts.

    My situation:
    A friend of mine is renting a 2 bedroom apartment in a gated community in Las Vegas, Nevada. Since the other bedroom is just taking up pace, my friend says I can move in and split the rent 50/50.

    So I moved in and gave my friend 1st and last month’s rent. Now I see the security guards from time to time in my comings and goings. My question is, what happens if they find out that I’m not on the lease? Can they tell me that I cannot be on the premises. Also, are we doing anything illegal? If so, how can we legalize what we are doing?

    One of the main reasons we haven’t considered adding me to the lease is that I’m in the process of repairing my credit so we worry that I may be denied at this time.

    Thank you so much for your time.

    Sincerely,
    Rick

  • Mickey

    I thought 3% was the maximum annual rent increase allowed. Has this changed? My landlord is going to increase 5%

    Thanks for answer in advance.
    Mickey

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