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Nevada Landlord-Tenant Laws

Nevada Landlord Tenant LawsThis article is intended to be an online resource for Nevada landlords.  We summarize key Nevada Landlord-Tenant laws that are most applicable to residential rental units.

This article is not qualified for legal advice.  Individuals seeking guidance need to work with a legal advisor who is qualified in the jurisdiction.  Nevada Landlord Tenant Laws and statutes may vary from county to county or city to city, this article provides state-level laws and statutes. 

Also, laws and statutes are subject to change and may cause sections of this article to be outdated.  We provide links to assist landlords and tenants to the state statute page for further research.

Click here if you are seeking renters insurance in Nevada.

 

Quick Facts for Real Estate Investors Considering Nevada

Nevada landlord-tenant laws are considered Landlord-friendly.

There are 3.1 million residents in Nevada.  Major metropolitan markets in Nevada are:

  1. Carson City: Estimated population of 55,916, which 37% of residents are renter occupied.  The average rent is $1,079.
  2. Las Vegas: Estimated population of 2,313,238, which 46% of residents are renter occupied.  The average rent is $1,107.
  3. Reno: Estimated population of 475,642, which 42% of residents are renter occupied.  The average rent is $974.

 

 

 

SECURITY DEPOSIT LAWS IN NEVADA

 

Does Nevada require security deposits? 

Nevada does not require security deposits.  Tenants may purchase a surety bond for all or part of the security deposit if the landlord consents.  Landlords cannot require a tenant to purchase a security bond.  (NRS 118A.242(2))

 

Is a security deposit receipt required in Nevada? 

Receipts for security deposits are not required unless the tenants request a receipt.  However, we advise avoiding cash payments but, if accepted, always provide a receipt.

 

How much security deposit can a landlord charge in Nevada? 

Nevada sets a maximum of 3 month’s rent. (NRS 118A.242(1))

 

 

Storage Requirements for Security Deposits in Nevada: 

No Statute.

 

 

Can security deposits be commingled with other assets in Nevada? 

Landlords can commingle deposits with their personal assets as there are no storage requirements.

 

Do landlords have to pay interest on security deposits in Nevada? 

Landlords do not have to share the interest earned.  No statute.

 

 

When must a landlord return the deposit by in Nevada? 

Landlords must return the security deposits within 30 days after the termination of the tenancy.  Landlords can hand it to the tenant personally at the place where rent is paid, or mail it the tenants present or last known address.  (NRS 118A.242(4)(5))

 

 

When can a landlord in Nevada withhold a security deposit?

At the end of a lease, the landlord is required to return the tenant’s security deposit.  However, landlords may withhold all or portions of a tenant’s security deposit for (NRS 118A.242(2)):

 

  • Unpaid rent and/or fees
  • Damages from tenant’s noncompliance of the rental agreement or statutory Tenant Duties
  • Clean the dwelling units

 

 

 

Nonrefundable fees: 

Landlords must disclose and provide an explanation for any non-refundable fees in the lease agreement.  Cleaning fees are an acceptable non-refundable fee.  (NRS 118A.242(8))

 

Pet Deposits and Additional Fees:

No Statute.

 

Require a written description / itemized list of damages and charges?

Landlords are required to provide a written and itemized list of damages by mail or in-person. (NRS 118A.242(4)(5)

 

What happens to Nevada landlords that fail to comply with returning the security deposit?

The landlord is liable to the tenant for damages, including  (NRS 118A.242(4)(6):

  • In an amount equal to the entire deposit; and
  • For a sum to be fixed by the court of not more than the amount of the entire deposit.

 

 

 

 

 

 

 

RENTAL AGREEMENT LAWS IN NEVADA

 

Rental agreements required in Nevada:

Rental agreements are required for leases 12 months or longer.  We always recommend having a legal lease agreement to prevent future complications.

If you need a lease, Burbz offers an online Nevada rental lease agreement.

 

What are the required lease provisions in Nevada?

Nevada requires certain provisions to be included in the lease agreement.  Besides both the landlord and tenant names, the landlord should also list (NRS 118A.200):

  • Must:  Rent Amount and Due Date.
  • Must:  Length of the lease agreement
  • Must:  Tenants name, address and phone number
  • Must:  Landlord’s responsibilities for maintenance and utilities
  • Must:  Tenant’s responsibilities for maintenance and utilities
  • Must:  Late Fees and Penalties
  • Must:  Signed record of the inventory and condition of the premises
  • Must:  Summary of the provisions of NRS 202.470
  • Must:  Information regarding the procedure for how a tenant may report a nuisance and violations of building, safety or health code regulations
  • Must:  Information regarding the right of the tenant to engage in the display of the flag of the United States
  • Must:  Occupancy by children or pets
  • Must:  Required deposits and the conditions for their refund
  • Must:  Inspection rights by the landlord
  • Must:  Other fees
  • Address of rental property
  • Landlords name, address and phone number
  • Security deposit amount and terms
  • Condition of occupancy
  • Adequate description of premises/property
  • Process for requesting maintenance and repairs
  • Subleasing policy
  • Pet policies
  • Cleaning Fees

 

Landlords cannot include (NRS 118A.220):

  • Tenant agrees to waive or forego rights or remedies
  • Tenant confesses judgment on a claim arising out of the rental agreement
  • Tenant indemnify or limits the liability of the landlord, including costs or attorney fees
  • Tenant agrees to pay for the landlord’s attorney’s fees
  • Tenant agrees to give the landlord a different notice of termination than that required to be given by the landlord
  • Penalty:  Tenants may recover actual damages 

 

 

What are the rental agreement notice requirements in Nevada: 

Fixed-End or Year-to-Year: Must provide at least 30 day’s written notice for Year-to-Year leases.

Month-to-Month: Must provide at least 30 day’s written notice prior to a periodic rent due date. (NRS 40.251)  Read our guide on Month-to-Month rent.

Week-to-Week: Must provide at least 7 day’s written notice prior to a periodic rent due date. (NRS 40.251)

 

 

Does the lease automatically renew in Nevada? 

Leases will expire upon the stated end date in the lease.

 

Rent Increase Notice:

Landlords must provide a 45 day written notice to increase the rent amount.  For month-to-month leases, only 15 days is required.  (NRS 118A.300)

 

Rent Grace Period for Residential:

Nevada does not have a grace period.  Landlord is allowed to begin the eviction process the day is delinquent.

 

 

Prepaid Rent:

Landlords are allowed to collect prepaid rent, no statute defining the limits.

 

 

 

 

 

 

LATE FEES AND LIMITS IN NEVADA

Late Fees for Residential:

Landlords can charge a reasonable late fee / penalty.  Late fees cannot exceed 5% of periodic rent and cannot be increased based upon a late fee that was previously imposed. (NRS 118A.210)

 

 

 

 

NEVADA LEASE TERMINATIONS / NOTICES TO QUIT

 

In Nevada, lease agreements between landlords and tenants can be terminated.  Read our blog for landlords about handling early lease terminations.  Here are the cause and effects:

 

What is the Pay or Quit for Nonpayment requirement in Nevada?

Nevada requires the landlord to send a 5 day notice, period of 7 judicial days.  If rent is not paid, the landlord may terminate the rental agreement. (NRS 40.2512)

 

 

How many days must a landlord allow before terminating for a Lease Violation?

Landlords must provide a 5 day notice to remedy or cure the violation. (NRS 40.2514) (NRS 40.2516)

 

 

 

 

 

NEVADA LAWS ON REPAIRS

 

Nevada requires landlords to provide a habitable property for tenants to live and enjoy.  There are specific provisions defining how tenants can remedy repairs if the landlord fails to do so. 

How many days must the tenant give for non-emergency repairs? 

Tenants must provide written 30-day notice and allow the landlord 14 days for needed repairs.  (NRS 118.355(1))

 

Can tenants withhold rent for landlords’ failure to provide essential services (i.e. water, heat, etc.)?

Nevada allows the tenant the following options if the landlord fails to remedy a material failure within the 14 days (NRS 118.355(1)):

  • Immediately terminate the rental agreement
  • Recover actual damages
  • Apply to the court for relief
  • Without rent is becomes due without incurring late fees.

 

 

 

NEVADA LANDLORD LAWS AND RESPONSIBILITIES

 

Landlords have an obligation to the tenants, which include:

  • Provide effective waterproofing and weather protection of roof and exterior walls
  • Comply with all applicable building and housing codes affecting health and safety
  • Maintain in good and safe working order all electrical, plumbing, sanitary, HVAC and other appliances, such as elevators
  • Provide adequate heating facilities
  • Shall make repairs and keep the premises in a fit and habitable condition
  • Keep all common areas of the premises in a clean and safe condition
  • Provide and maintain appropriate receptacles for ashes, garbage, rubbish.
  • Supply running water and reasonable amounts of hot water

 

According to (NRS 118.290)

 

 

NEVADA TENANT LAWS AND RESPONSIBILITIES

 

Tenants must dispose of all rubbish and garbage, refrain from unreasonable use of electrical, heating, and plumbing fixtures, meet all obligations lawfully by the code enforcement agency, refrain from willfully destroying or damaging the structure, take in additional occupants, rent or sublease without the owner’s consent. (NRS 118.310)

 

 

 

 

 

NEVADA EVICTION LAWS

 

Can landlords do a ‘self help’ eviction?

In Nevada, it is illegal for landlords to cause the tenant to quit the rental unit involuntarily.  The tenant may recover actual damages, receive an amount up to $2,500 or both in the event of an unlawful removal.  A complaint must be submitted to the court within 5 judicial days after the unlawful act.  (NRS 118A.390)

Are landlords allowed to lockout tenants by changing locks?

The landlord cannot change or remove the doors or locks.  (NRS 118A.390)

Are landlords allowed to turn off utilities?

Landlords cannot turn off utilities. (NRS 118A.390)

 

Do landlords have to make a reasonable attempt to mitigate damages when re-renting the rental unit?

Yes.  Landlords must make reasonable efforts to mitigate damages. (NRS 118.175)

 

 

 

NEVADA LAWS ON RETALIATION

 

Nevada laws state a landlord cannot terminate a lease, refuse a lease renewal or raise rents when:

  • Tenant submitted, or threatened to, a complaint to the government agency for building or health code violation
  • Tenant has in goof faith complained to the landlord of a violation
  • Tenant has organized or joined a tenants’ union, or similar organization
  • A citation has been issued resulting from a complaint
  • Tenant has instituted or defended against a proceed or arbitration from an issue of compliance the tenant rose
  • Tenant has failed or refused to give written consent to a regulation adopted by the landlord, after the rental agreement has been executed
  • Tenant or household member are a victim of domestic violence, harassment, sexual assault or stalking and terminates the rental agreement

 

Nevada does not define a period of time that would result in retaliating actions. (NRS 118A.510)

 

 

 

 

LAWS ON DOMESTIC VIOLENCE, SEXUAL MISCONDUCT, AND SEXUAL ASSAULT

 

Victims of domestic violence, harassment, sexual assault or stalking are allowed to terminate the rental agreement by providing a written 30 day notice, effective at the end of the current rental period.  Upon request, the victim must provide proof with a copy of an order for protection, written report from a law enforcement agency or a written affidavit.  (NRS 118A.345)

If you are a victim, please search The Nevada Coalition To End Sexual and Domestic Violence site for a helpline:

  • National Domestic Violence Hotline: 1-800-799-7233
  • National Sexual Assault Hotline: 1-800-656-4673

 

 

 

NEVADA LAWS FOR LOCKS AND LANDLORDS

Nevada does not have any statewide laws regarding locks for landlords.  Tenant cannot remove, replace or add a lock without the written permission from the landlord.  If the tenant does with permission, they must provide the landlord with a key. 

 

 

 

 

NEVADA PET LAWS & PET POLICIES

Nevada Landlord-Tenant Laws does not have any specific pet laws.  Landlords are legally allowed to create their own pet policies and requirements.  Including tolerance for breeds, size, types, and more.  Read our guide to pet policies.

 

 

 

 

 

 

DO LANDLORDS IN NEVADA NEED A RENTAL LICENSE?

 

According to Nevada Landlord-Tenant Laws, landlords do not need a rental license in Nevada.

Landlords and owners of residential rental property do not need to register the property.  Local cities may have different requirements, we recommend you research the local city-specific laws. Baltimore in particular has regulations for licensing.

 

 

 

 

 

NOTICE OF ENTRY LAWS IN NEVADA

Do landlords in Nevada have to provide notice of entry? 

Nevada requires the landlord to provide at least 24 hours notice of the intent to enter, only at reasonable times. This includes (NRS 118A.330):

  • Non-emergency maintenance and repairs
  • Improvements to property
  • Inspections
  • Showing prospective tenants, contractors, mortgagees or buyers.

 

When can a landlord enter without notice:

Landlords may enter due to an emergency or if the tenant has abandoned or surrendered the property. (NRS 118A.330)

 

 

Can landlords enter for non-emergency maintenance and repairs?

Yes, with proper notice and performed at reasonable business hours.(NRS 118A.330)

 

 

Can landlords enter for showings?

Yes, with proper notice. (NRS 118A.330)

 

 

 

Can landlords enter for emergencies without notice?

Yes. (NRS 118A.330)

 

 

Can landlords enter during Tenant’s extended absence?

Yes, when the tenant has abandoned or surrendered the premises. (NRS 118A.330)

 

 

 

 

 

 

NEVADA SUBLEASE AND ASSIGNMENT PROVISIONS

Landlords should include a clause in the lease agreement to prevent subleasing.  Otherwise, the tenant may sublet the rental unit.

 

 

 

 

TENANT ABANDONED PROPERTY IN NEVADA

 

Nevada Landlord-Tenant Laws state a landlord must store personal property.  If no fact of abandonment was provided by the tenant, it is presumed the tenant has abandoned if the tenant is absent for one-half time the periodic rental payments.  Unless the tenant has notified the landlord in writing or rent is current.  (NRS 118A.450)

Landlords may dispose of the personal property by holding onto the property for 30 days.  Landlords may collect reasonable and actual costs of storing before releasing the property.  Upon the expiration of 30 days, the landlord may dispose of the property and recover costs from attempts to locate the tenant.  (NRS 118A.460)

 

 

 

 

REQUIRED RENTAL AGREEMENT DISCLOSURES FOR NEVADA LEASES

 

Nevada Landlord-Tenant Laws requires the following be included with all Rental Agreement Disclosures:

 

Lead Paint Disclosure:  Yes.  Federal law requires every landlord to disclose known information on lead-based paint and hazards.  Landlords must provide this EPA-approved pamphlet.

Name and Address of Owners: The landlord must disclose in writing the name and address of the property owner and property manager. (NRS 118A.260)

 

 

HELPFUL RESOURCES

 

Nevada Revised Statutes, Chapter 18 – Discrimination in Housing; Landlord and Tenant

Nevada Revised Statutes, Chapter 18A – Landlord and Tenant: Dwellings

Nevada Revised Statutes, Chapter 18B – Landlord and Tenant: Manufactured Home Parks

U.S. Department of Housing and Urban Development – Nevada

Nevada Real Estate Division

Nevada Law Help

Legal Aid of Southern Nevada

 

 

 

NEVADA RELATED COURT INFO & LINKS

 

Nevada Small Claims Court Limits:

$7,500 is the limit for small claims court. 

 

 

Nevada Eviction Cases Allowed in Small Claims:

No.

Nevada Judiciary System

Nevada Office of the Attorney General

Henderson Small Claims

Las Vegas Justice Court

Churchill County Small Claims

Pahrump Justice Court

Washoe County Small Claims (Reno)

Humboldt County Small Claims (Union Township)

 

 

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