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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679 CommentsLeave a Comment

  • Lori

    We’ve been renting a house with no issues for the past year . Our landlord has increased our rent by 27% on our new lease . Is there a limit to how much an increase can be?

    • Lucas Hall

      Hi Lori

      I’m not aware of any max late fee amount at the state level. Your county might have rule, but you’d have to do some digging locally to find out. However, if you were to take him to court, the judge *might* think that 27% is unfair. Or, you could lose and have to pay all the legal fees. I guess you have to ask yourself, “is that price better/worse that what I can get elsewhere and am I willing to move?”

  • Vicky

    I have been renting a condo for 13 months now – the lease expired one month ago, and my usual rent check was accepted. No discussion with property manager – I think they forgot to renew the lease, and I was digging through my files the other day to see when the lease was up for renewal. I then realized that I’m going on my second month without a lease. Where do I stand? “Holdover” clause stipulates a 100% increase in rent, but my usual rent was not questioned last month. Does this mean that I am now month to month at the rent payment they are accepting, and that a 45 day notice would be required if they wanted to increase the rent? Should I keep quiet until they realize the lease expired? What should I do?

    • Lucas Hall

      Hi Vicky,

      It would depend on the exact language in the lease. If your lease doesn’t automatically renew, then I think you would be considered a month-to-month tenant.

      I can’t really tell you what to do, but personally, I don’t think MTM tenancies are a good thing for a tenant. They don’t provide any security against termination. If you like your home, and don’t want to move, I suggest being proactive and ask about signing a longer fixed-term lease.

      If you don’t care, then you could also just keep your mouth shut, but then again, doing so might cause issues when they realize their mistake. It’s up to you. Good luck!

  • KB

    I am renting the master bedroom out of a house and recently the mother of my child because a danger and so my moved my 2 kids into my master bedroom as this was the safest option for them and all I can afford. My landlord raised my rent $225 per month stating that the kids would cause more utility usage. Now, my kids have gone back to their mother and my landlord is refusing to lower my rent back to where it was before they moved in. He is demanding that I move out now that I am complaining. I read some laws, but don’t really see any laws for this. Thanks for any help.

    • Lucas Hall

      Hi KB

      I’m sorry, but I really can’t help you here. Your situation really depends on the type of lease you have, and if those children were a breach of the occupancy limit. Then, if you agreed to raise the rent, you would both have to agree to lower it – which it sounds like he isn’t doing. You’re kind of stuck. Further, if you only have a monthly lease, then it really doesn’t matter about anything else. Either party can terminate a monthly tenancy with only 30 days notice (NRS 40.251)

      I think if you want to fight this, you’ll need to talk to an attorney. There are a couple of links to free/discounted legal aid sites in the article above. I hope that helps. Please know that I’m not a lawyer, nor is this legal advice.

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