Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the laws in your state handle everything from security deposits to termination notices so you can easily navigate these.
This article is not an exhaustive or a substitute for qualified legal advice. Laws and statutes are subject to change and may vary by county or city. You are responsible for performing your research and complying with all laws applicable to your unique situation.
We recommend consulting with the appropriate government agencies and a qualified lawyer if you have legal questions or concerns. Your state bar association may have a referral service to help you find a lawyer with experience in landlord-tenant law.
Official Rules and Regulations
- Title 10, Chapter 118 – Discrimination in Housing; Landlord and Tenant
- Title 10, Chapter 118A – Landlord and Tenant: Dwellings
- Title 10, Chapter 118B – Landlord and Tenant: Manufactured Home Parks
- Title 10, Chapter 118C – Landlord and Tenant: Commercial Premises
- Title 3, Chapter 40 – Actions and Proceedings in Particular Cases Concerning Property
Details
Security Deposit:
- Security Deposit Maximum: Equal to three months’ 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: The landlord must disclose and explain any non-refundable fees that are allowed for cleaning in the lease agreement. (NRS 118A.242(8))
- Deadline for Returning Security Deposit: 30 days after the tenant moves out (NRS 118A.242(4)(5)). Landlords must explain, in the lease, the conditions upon which the deposit will be refunded (NRS 118A.200).
- Permitted Uses of the Deposit: The security deposit may be used to pay for:
- Unpaid rent,
- To repair damages other than normal wear and tear,
- Clean the unit after the tenant moves out (NRS 118A.242(2)).
- Require Written Description / Itemized List of Damages and Charges: Yes (NRS 118A.242(4)(5)). When tenants move in, landlords must provide a complete move-in checklist stating the inventory and condition of the dwelling at the time the tenant takes possession (NRS 118A.200).
- Record Keeping of Deposit Withholdings: No statute.
- Receipt of Deposit: No law.
- Failure to Comply: Tenants can terminate the rental agreement immediately, recover actual damages, and pursue court action if the landlord fails to comply with the rental agreement (NRS 118A.350).
Lease, Rent & Fees:
- Rent Is Due: “Rent is payable without demand or notice at the time and place agreed upon by the parties” (NRS 118A.210).
- Rent Increase Notice: 45 days or, in the case of any periodic tenancies of less than one month, 15 days in advance of the first rental payment to be increased (NRS 118A.300)
- Rent Grace Period: No statute.
- Late Fees: No rule.
- 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.
- The 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: Unless the tenant pays weekly, it converts to week-to-week.
- Abandonment/Early Termination Fee: No statute.
Notices and Entry:
- Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is required as the lease expires.
- 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).
- Termination of Tenancy with 24 Hours Notice:
- Notice of date/time of Move-Out Inspection: No statute.
- Eviction Notice for Nonpayment: Five days (NRS 40.2512).
- Eviction Notice for Lease Violation: Five days, but the tenant must fix the issue within the first three days, or the landlord can file for eviction (NRS 40.2514, NRS 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 with Notice for Showings: Yes (NRS 118A.330(d)).
- Emergency Entry Allowed without Notice: Yes (NRS 118A.330).
- Access Allowed During Tenant’s Extended Absence: No statute.
- Notice to Tenants for Pesticide Use: No regulation.
- Lockouts Allowed: No (NRS 118A.390).
- Utility Shut-offs Allowed: No (NRS 118A.390).
Disclosures and Miscellaneous Rules:
- Names and Addresses: At the beginning of the tenancy, or before, the landlord must disclose to the tenant the names and addresses of 1) the people authorized to manage the rental unit; 2) the person authorized to act on behalf of the landlord, and 3) the rental unit’s “principal or corporate owner,” as well as 4) the number of a “responsible person” who lives within 60 miles of the unit and who can be called in the case of emergency (NRS 118A.260(1)).
- Copy of the lease: Landlords must provide one written copy of the rental agreement (NRS 118A.200).
- Domestic Violence Situations: Lease termination and other rights (NRS 118A.345)
- Landlord’s Duties:
- Tenant’s Duties: Other than normal wear and tear, the premises will be returned in the same condition as when the tenancy began. (NRS 118A.200)
- Flag display: Tenants have the right to display the flag of the United States of America (NRS 118A.325, NRS 118A.200)
- Maintaining or permitting nuisance penalty: Landlords must include verbiage in the lease that summarizes the rule found in NRS 202.470. See the statute for more details (NRS 118A.200).
- Foreclosure Notice: Landlords must inform the tenant in writing if the property is subject to a pending foreclosure (NRS 118A.200).
- Retaliation: Examples of retaliation include filing an eviction lawsuit, terminating a tenancy, refusing to renew, increasing the rent, or decreasing services. (NRS 118A.510) Retaliation is assumed if:
- The Landlord takes action after the tenant complains to the landlord about unsafe or illegal living conditions. (NRS 118A.510)
- If the landlord takes action after the tenant complains to a government agency, such as a building or health inspector, about unsafe or illegal living conditions. (NRS 118A.510)
- if the landlord takes such action after a tenant joins or organizes a tenant union to present his/her views. (NRS 118A.510)
- if the landlord takes such action after the tenant exercises a legal right allowed by your state or local law. (NRS 118A.510)
- Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.
Court Related:
- Nevada Small Claims Courts:
- Small Claims Court Limits: $7,500 statewide, but some cities are less; check with your local authority.
- Eviction Cases Allowed in Small Claims: No
- Nevada Small Claims Courts:
- Nevada Judiciary
- Nevada Office of the Attorney General
- Nevada Law Library
- State Bar of Nevada
- Legal Aid
Business Licenses:
- Business License Required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.
Helpful Links
State Agencies & Regulatory Bodies
- U.S. Department of Housing and Urban Development – Nevada
- Nevada Division of Insurance
- Nevada Consumer Affairs
- Nevada Housing Division
- Nebraska Investment Finance Authority
- Nevada Real Estate Division