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Nevada Landlord Tenant Laws and Regulations

by Editor | ezLandlordForms
nevada landlord tenant laws, nevada landlord rights

Nevada Landlord Tenant Laws: An Introduction

Understanding the Nevada Landlord Tenant Laws is pivotal for anyone involved in the state’s rental market. These laws establish the groundwork for the relationship dynamics between landlords and tenants, encompassing critical aspects such as lease agreements, security deposits, property maintenance, eviction procedures, and tenant rights. Comprehending the intricate details of the Nevada Landlord Tenant Laws is crucial for ensuring fair and lawful practices while navigating the rental landscape. Landlords benefit from a clear understanding of their responsibilities, ensuring they maintain habitable properties and follow proper eviction protocols. Likewise, tenants gain insight into their rights, safeguarding them against unfair treatment and ensuring a conducive living environment. Familiarity with Nevada rental laws not only promotes transparency but also serves as a cornerstone for fostering healthy, mutually respectful relationships between landlords and tenants throughout Nevada’s rental market.

Let’s understand Nevada landlord tenant laws and regulations through the following –

nevada landlord tenant laws, nevada tenant laws,

I have found a good perspective tenant and want to run a background screening. Are there limits as to what I may charge to do this?

In the state of Nevada, there are no statutes that place specific conditions on the fee that may be charged to run tenant screening checks. It is wise; however, to keep things pretty relational, meaning that the costs of conducting the test should be fairly close to the actual costs incurred.

Must a lease or agreement be in a written form?

Although in Nevada, there is no requirement for a written agreement, using a rental lease that is printed or written is a favorable choice as it creates a set of standards, which alleviates problematic situations as the tenancy progresses. In 2007, statutes were created that afforded the tenant one free copy of a written lease. If the tenant were to need a subsequent copy due to loss, damage or just wanting an additional copy, the landlord is, then permitted to charge a reasonable fee.

What situations allow a tenant to terminate their lease early?

Although it is a possibility, breaking a lease early isn’t always simple. According to Nevada Landlord Tenant Laws, if a tenant wishes to terminate the lease because of a specific event, such as domestic abuse, a military deployment, or a work transfer, the tenant is required to submit proof of the reason(s) for termination.

Nevada landlords explicitly accept other mitigating reasons, like serious sickness or financial hardship, as opposed to ending the contract. In any event, when dealing with this kind of circumstance, renters should always be clear about their goals with the landlord and seek legal counsel.

In Nevada, are security deposits accepted by landlords?

Both renters and landlords are protected by Nevada law, which outlines their obligations. When a tenancy begins in Nevada, landlords are permitted to charge a security deposit; however, the Nevada Landlord Tenant Laws establishes restrictions on the amount of security deposits landlords may get from tenants and requires that they be utilised exclusively for the reasons for which they were intended.

In Nevada, security deposits are limited to the larger of two months’ rent or, if the apartment is completely furnished, three times the monthly rate. In order to ensure their protection during their tenancy, renters renting in Nevada should be informed of their rights under Nevada Landlord Tenant Laws with regard to a security deposit.

What damages can a landlord seek from a tenant who violates the terms of the lease?

If a tenant violates their lease agreement, the landlord may be able to sue for damages under Nevada Landlord Tenant Laws. In general, landlords are entitled to recover any monies owed under the lease as a result of the breach, as well as damages for lost rental income and the cost of repairing any property damage the tenant caused.

According to Nevada law, a landlord is only permitted to seek a certain amount in damages; however, it’s vital to keep in mind that this cap is determined on a case-by-case basis. With this in mind, both tenants and landlords must understand Nevada Landlord Tenant Laws and be sure to fulfill their obligations under their lease agreement.

Is it required to do a walk through before renting a property?

Even though Nevada’s statute is silent on this issue, performing a walk-through and having a written inspection prior to the tenant moving their personal effects into the rental unit just makes good sense. Why, you ask? Most residential spaces that are rented consist of at least walls, windows and doors; nevertheless, it usually will have much more like appliances, carpeting, and in some cases- furniture. Although one may have a good memory of the condition overall, it is impossible to remember every nook and cranny. Having a written assessment of your rental that is signed by both parties BEFORE your tenants move in is essential in preventing the “he said-she said” scenario.

What circumstances require a landlord to release a tenant from the lease agreement?

Along with the federally mandated military requirements for a service members release from the agreement, in Nevada anyone who is 60 years or older and entering a senior care facility and/or has a mental or physical disability possess certain rights to be able to exit a lease earlier than the ending date. Nev. Rev. Stat. Ann. § 118A.340 spells this out in great detail directing the reader of the exact procedures.

Another reason that a landlord may have to release a tenant is when a tenant is a victim of domestic abuse. There are specific procedures to follow that are found in Nevada Revised Statute 118A.345.

How much written notice is required for increasing the rent?

In accordance with Nevada landlord tenant laws, landlords are required to provide tenants with a written notice of at least 45 days before increasing the rent. This notice must be delivered to the tenant prior to the expiration of the current rental agreement. It’s essential for landlords to adhere to this legal requirement to ensure compliance and maintain positive landlord-tenant relationships. Understanding and following these regulations helps promote transparency and fairness in rental agreements, benefiting both landlords and tenants alike.

What may I charge a tenant when rent is behind? Must the late fee be one sum or can it be incurred daily?

Nevada has no stated limitations or statutes regarding the charging of or collection of late fees. Be careful though not to create a fee that is considered excessive or penalizing as this could be called into question should it end up in court. It is difficult to calculate the costs incurred when figuring what to charge for a late fee, but if it is fair and reasonable; it keeps the landlord out of any possible “hot water.”

My tenant’s check was returned by the bank unpaid? Is there a limit to the fee that may be charged?

Nevada Landlord Tenant Laws do not have any covered stated rule on this issue. However, according to NRS 597.960 Trade Regulations, the receiver of a “bad” check may charge the writer of the instrument a $25 fee.

What is the maximum amount I can collect as a security deposit?

A landlord may not collect any more than an amount equal to three-months rent as a security deposit. Furthermore, if the landlord is asking for the last month’s rent to be paid in advance, it must be figured into the total security deposit of three months. For instance, if a landlord wants to collect a security deposit along with the last month rent prepaid; then he may ask the tenant for an amount equal to two months for the security deposit and one month for the last month’s rent.
**Very important: A security deposit may never be designated as non-refundable.

Do I need to pay interest on the security deposit?

Under Nevada Landlord Tenant Laws, landlords aren’t required to pay interest on security deposits. However, they must return the deposit within 30 days of lease termination, providing an itemized list of deductions if applicable. Failure to comply may lead to penalties. Understanding these regulations is vital for landlords to maintain legal compliance and positive relationships with tenants. Seeking advice from legal experts familiar with Nevada Landlord Tenant Laws ensures adherence to deposit procedures, fostering transparency and trust in rental agreements.

My tenant has moved out, how do I handle the disbursement of their security deposit?

The timely return of a security deposit is of the utmost importance! In the state of Nevada, the landlord has 30 days to return the entire security deposit OR provide the tenant with a full accounting of all expenses rendered plus any balance left over, if applicable. Damages are considered as items that are in disrepair beyond normal use. Any unpaid rent or charges may also be deducted. The landlord may either hand this directly to the tenant, mail it to the tenant’s’ forwarding address or last known address.

What is a common problem where security deposits are concerned?  

Having sufficient proof is one of the larger issues for security deposits. Coming in a close second, is not returning a security deposit in a timely and proper fashion according to Nevada Landlord Tenant laws.

How can I end a Nevada lease agreement?

It is important to understand the difference between fixed-term leases and periodic. A fixed-term lease contains a defined beginning and ending date; whereas a periodic lease begins on a specific date but then continues either monthly or weekly until either a landlord or tenant gives sufficient notice to end. With oral agreements, it is presumed that it is a month to month agreement if a tenant pays rent each month and week to week if the tenant pays rent weekly; therefore, a full month’s notice is needed to end the tenancy when rent is paid monthly, and a full week’s notice is needed when paying rent weekly.

What are items not permitted to be in a lease?

A landlord may not include text where the tenant is being asked to agree to waive or forego any of his rights as explained in Nevada Revised Statutes 118A. The lease cannot authorize anyone to confess judgment on any claim made against the other nor can it state that a tenant must pay the landlord’s attorney’s fees. An agreement may express that the prevailing party may be awarded attorneys’ costs. Leases may not absolve a landlord from a responsibility that belongs to the landlord. And finally, a rental agreement may not provide that the landlord desire a different notice than required by Nevada Landlord Tenant laws to end the tenancy.

My tenant has not paid rent, how much notice do I have to give a tenant in order to evict them?

If the tenant owes rent, a landlord will send five-day notice that tells the tenant to either pay the rent within five days or the tenancy is terminated. When five days have elapsed after the notice is sent, and the rent is not received, the landlord may then file an “Unlawful Detainer” in court to start the necessary proceedings to regain possession. Please note, in the counting of the five days, the landlord will not factor in the actual day the tenant is given the notice along with weekends, or any other day the court is closed.

Can I require my tenants to obtain renter’s insurance?

In Nevada, landlords have the right to require tenants to obtain renter’s insurance as per Nevada Landlord Tenant Laws. Renter’s insurance protects tenants’ personal belongings and liability, providing peace of mind for both parties. While not mandatory by law, it’s a wise practice to include in lease agreements. Landlords should clearly outline this requirement in the lease and ensure compliance. Understanding Nevada Landlord Tenant Laws regarding insurance provisions is essential. By requiring renter’s insurance, landlords mitigate risks and ensure tenants’ financial responsibility. Open communication and adherence to legal guidelines foster a positive and secure landlord-tenant relationship.

What do I do if my tenant has left personal effects in the rental unit after he moved?

One of the first things a landlord wants to be sure of is that the tenant actually did move. This will be evidenced by either a legal lockout by a court official, the tenant handing over the keys to the landlord or other substantial proof such as no food left in the refrigerator, no bedding or no clothing in closets. Once it has been established that the tenant has vacated, there are specific procedures that must be followed to remove the tenant’s goods. A landlord is obligated to store and keep the items safe for 30 days after the abandonment. (the cost to store may be charged and collected). At the expiration of the 30 days, the landlord will have to make every reasonable attempt to notify the tenant in writing that the property will be disposed of as the landlord sees fit if the tenant does not respond within 14 days of the notification. The specific procedures for disposing a tenant’s abandoned property may be found in Nev. Rev. Stat. Ann. § 118A.460.

Do I have to give the tenant notice before I enter the rental property?

Although a tenant may not withhold permission for a landlord to enter the premises to make repairs and provide maintenance, show prospective tenants and/or buyers the property or provide any necessary inspections, the landlord must be careful not to abuse this right. A 24-hour notice must be provided. Entrance must be made during normal business hours unless the tenant agrees otherwise or in case of emergencies.

Are there any specific regulations landlords must follow when renting to tenants in Nevada? 

When it comes to renting property, landlords must follow certain rule to protect the rights of their tenants. These laws vary from state to state, so it’s important for landlords to be familiar with the specific regulations in their area. In Nevada, for example, there are many laws that landlords must follow when renting to tenants. These laws cover everything from security deposits and rent increases to evictions and repairs.

Here’s a summary of some of the most important Nevada landlord tenant laws:

  • The security deposit can be no more than three months’ rent.
  • Landlords must provide a written lease agreement.
  • Tenants have the right to a habitable home. This means the property must be free of rodents, insects, and other pests; have running water and electricity; and be sound.
  • Landlords must give tenants at least 24 hours’ notice before entering the property for any reason other than an emergency.
  • Eviction can only occur for specific reasons, such as failure to pay rent or damage to the property. Landlords must give tenants at least five days’ notice before beginning eviction proceedings.

Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord-tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.

Have law questions?  Ask the experts in our Local Laws Q&A Forum, or view our additional Nevada rental resources page.

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Kathy
Kathy
5 years ago

Great blog you people have maintained there, I totally appreciate the work.

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