A summary of Nevada Landlord Tenant Laws based on state law statutes as they apply to residential lease agreements executed between landlords and tenants.
Required Disclosures (by Landlords)
Contact Information: Landlord must disclose to the tenant in writing at or before the commencement of the tenancy the name and address of the person authorized to manage the premises, the principal or corporate owner of the premises, and a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving notices and demands. (Nev. Rev. Stat. Ann. § 118A.260)
Nonrefundable Fees: The purpose of all nonrefundable fees or deposits (which are legal in Nevada, unlike many states) must be stated in writing. Lease must explain fees that are required and the purposes for which they are required. (Nev. Rev. Stat. Ann. § 118A.200)
Move-in Checklist: Lease must include a signed record of the inventory and condition of the premises under the exclusive custody and control of the tenant. (Nev. Rev. Stat. Ann. §118A.200)
Nuisance and Flag of the United States: Lease must include a summary of the provisions of NRS 202.470 (penalties for permitting or maintaining a nuisance); information regarding the procedure a tenant may use to report to the appropriate authorities a nuisance, a violation of a building, safety, or health code or regulation; and information regarding the right of the tenant to engage in the display of the flag of the United States, as set forth in NRS 118A.325. (Nev. Rev. Stat. Ann. §118A.200)
Foreclosure: Landlord must disclose to any prospective tenant, in writing, whether the premises to be rented is the subject of a foreclosure proceeding (disclosure need not be in the lease). (Nev. Rev. Stat. Ann. §118A.275)
Security Deposit Limit
Up to the equivalent of three months’ rent may be charged for the security deposit. As long as both parties agree, the tenant can use a surety bond for all or part of the deposit.
Deadline for Returning Security Deposit
After the tenant moves out, the deposit must be returned with 30 days. Landlords need to have language in the lease that mentions the conditions under which the security deposit will be returned and also must include an itemized statement if any deductions are taken.
Failure to return the security deposit or provide an itemization of deductions can result in penalties according to NRS 118A.242 (6) and (7):
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.
7. In determining the sum, if any, to be awarded under paragraph (b) of subsection 6, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harm to the tenant caused by the landlord’s conduct.
Small Claims Lawsuits
Small claims courts will hear landlord-tenant disputes up to a maximum of $7,000.
Unless the lease mentions a late fee, it is presumed not to exist. However, there may be other ways of documenting or disclosing the existence of one.
Returned Check Fees
Landlords may charge up to $25 for a check that is deposited and returned unpaid.
Month-to-Month agreements require a written 45 day notice to increase rent. Tenants who are 60 years or older, or physically or mentally disabled, may request an additional 30 days if they have met the obligations in Nev. Rev. Stat. § 118A. Lease agreements of a longer duration must provide for its own increase; otherwise, rent has to remain the same until the end of the term.
Tenant’s Right to Withhold Rent
In short, if a landlord does not fix an important repair in a timely manneer that could affect the health or safety of the residences or the habitability of the unit, then the lessee may either withhold rent or fix the problem and deduct the cost from the next rent payment. For more information, rent withholding can be found under Nev. Rev. Stat. Ann. § 118A.490. Repairing and deducting is addressed under Nev. Rev. Stat. Ann. §§ 118A.360, 118A.380.
Termination and Eviction
Nev. Rev. Stat. Ann. § 40.2514 allows a 3 day unconditional notice to quit for tenants assigning or subletting in violation of the lease; causing substantial damage to the property; conducting an unlawful business; permitting or creating a nuisance; causing injury and damage to other tenants or occupants of the property or adjacent buildings or structures; engaging in the unlawful possession for sale, manufacture, or distribution of illegal drugs.
Nev. Rev. Stat. Ann. § 40.2516 gives the landlord the authority to immediately terminate for any violation of lease term that can’t be cured. For those violations that can be cured, a 3 day conditional notice to cure allowing for an additional 2 days to quit (vacate) must be used before an eviction is filed.
Access to Property
A 24 hour advance notice of entry must be given.
Court may exclude defendant from the petitioner’s place of residence. By extended order, the court may also order the defendant to pay rent or make payments on a mortgage on the applicants residence.
Nevada Lease Agreement
Nevada Landlord-Tenant Law Statutes
Nevada Rev. Stat. Ann. §§ 118A.010 to 118A.530; 40.215 to 40.225.