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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734 CommentsLeave a Comment

  • Christy

    Hello, I have a question? I’m breaking our 1 year lease after 6 months because we are buying a house. The property management is keeping our security, cleaning and pet deposits, in addition they are charging us a fee for breaking the lease, it’s a lot of money. I talked to their agent the other day to schedule the walk thru appointment and she told me that they expect us to have the house professionally clean including the carpet if I wanted to avoid being “called” on the phone if we did not comply. At this point I cannot even afford it. Do I legally have to clean the house if they are keeping my cleaning deposit? What can I do if they harras us on the phone? Any advice will be appreciated.

  • Lorrie

    Hello I moved into a lovely mid rise condo building that I love. Within the first couple months my ATV (4-wheeler) and 14 ft tow trailer that it was sitting on that was legally parked in my parking space in our underground secured parking lot for tenants only was stolen in the middle of the night. We have 24 hour security on foot, guarded gated entrance way plus cameras. No one seems to have seen it disappear. This is $10,000 worth of driving equipment property of mine stolen out of my parking spot which was according to my landlord an extremely secured property hence why I moved to this building being a newly single women. The company that owns this place has done nothing to offer me reimbursement for my huge loss. Any recourse? thks

  • Leo A LaBrie

    I live in a seniors rental apartments (81 apartments). Each house has 4 rental units and 5 parking spaces. I am disabled and they wont give me a parking space since I do not drive a car. When my care giver, nurse, children, company come to visit me I do not have a reserved space for them park.
    is this correct? I thought every renter is paying for a parking space weather he drives or not. Please explain. Thank you

    • Lucas Hall

      Hi Leo,

      It really all depends on what your lease says. Does your lease say that your unit comes with a spot? Just because there are 5 spots and 4 units doesn’t mean everyone has a right to them. They could be rented individually, or first come first serve.

      However, if you pay for a parking space, it should be yours exclusively, even if you don’t have a car.

      I suggest talking with management about it. Please know that I’m not a lawyer, nor is this legal advice.

  • Pat

    Does an HOA have the right to evict a person squatting in a home that the bank has not foreclosed on because the house is underwater

    • Lucas Hall

      Perhaps. It would depend on the HOA rules and regs. It sounds like the HOA might have a lien on the property too?

      • Pat

        I asked the question about if HOA evict a squatter. The squatter has lived in this home for three years . There is over $5000. In liens in this home. The HOA placed a super lien and received $ 930. The person who walked away from this home says it is the “banks” problem. The house is not being kept up and is a real nusience

  • Stephangnjhc

    I have tenants who are delinquent on their water bill with shutoff pending. The water is in my name, but it clearly states in the lease it is their responsibility to pay. I have also filed a pay or quit because they failed to pay rent. Am I obligated to pay the delinquent bill so that they have water?

    • Lucas Hall

      Hi

      The way I see it, if your name is the only name on the bill, then you are the only one the water company is going right to come after. I suggest you pay the bill before they put a lien on the property. Then, go after the delinquent tenants for the money later.

      That’s just my 2-cents, and not legal advice. Good luck to you.

      • Stephangnjhc

        Thanks for the reply! I know I am definitely on the hook for the bill, but my question is am I legally obligated to provide water despite their negligence to paying the bill

        • Lucas Hall

          Oh, gotcha! In order for a landlord to provide a habitable dwelling, it must have access to potable water. If you willingly allow it to get shut off, you would be in violation of that requirement.

          My suggestion would be to lee paying he bill, keep the water on, and just add it to the total debt that they owe. The best way to win a court case is to remain blameless in the situation. Don’t give them any ammo to fight with.

          I hope that helps. Remember, that’s just my opinion and not legal advice.

  • Lue

    I have a rental property in Nevada that I rented to tenants over a month and a half ago. The tenants are responsible for all utilities per the lease. I spoke with the water company yesterday and they informed me that there is no water service at the property as no one has came in to request service. The representative indicated that they have seen some tenants obtain water illegally but could not tell me if water was being used without a tech coming out and that a tech would not come out if there is no open account for water. I tried contacting the tenant to inquire and of course they have not responded or returned my call. My question is can I require the tenant to turn on the water within 48 and or proceed with eviction.

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