Breaking a lease in Nevada can be complicated, but tenants have specific legal protections that enable them to leave early without incurring additional costs. This guide outlines those rights, explains potential outcomes, and shows how both parties can handle early lease termination responsibly.
Legal Reasons to Break a Lease Early in Nevada
In Nevada, tenants and landlords can sometimes end a lease before it expires when certain legal or agreed-upon conditions apply, including:
1. Active Duty Military
Federal law allows tenants to end a lease early when they receive active-duty orders. This protection applies to members of the Armed Forces, National Guard, or Reserve serving for more than 30 days, as well as Public Health Service or NOAA officers with deployment or relocation orders. Coverage begins when active duty starts and extends up to 90 days after discharge.
To use this protection, tenants must give written notice and include a copy of their official orders. The Servicemembers Civil Relief Act (SCRA) ensures that no tenant faces housing penalties for military service.
Termination doesn’t happen right away, however. Once the tenant provides notice, the lease ends no sooner than 30 days after the next rent payment is due. This window gives both the landlord and tenant time to plan and complete the transition smoothly.
Supporting law: Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
2. Domestic Abuse, Sexual Violence, Stalking & Harassment
Tenants in Nevada who experience domestic violence, sexual assault, stalking, or harassment can end a lease early without facing penalties. State law protects their right to leave unsafe housing when they submit a written notice and provide documentation confirming the incident.
To qualify, tenants must show that the abuse caused harm, created a credible threat of harm, or involved sexual assault or stalking. The offender does not have to live in the same household. Acceptable proof includes a court order, police report, or written statement from a licensed professional.
Tenants must give written notice and documentation within 90 days of the incident. The lease ends 30 days after the notice is delivered or on a later date listed in the notice. Rent is due through that period, but tenants owe nothing further after the lease officially ends.
Supporting law: Nevada Revised Statutes §§ 118A.345
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
3. Uninhabitable Living Conditions
Tenants in Nevada can terminate a lease early if their rental becomes unsafe to live in and the landlord fails to address repair requests. This right applies when serious health or safety issues remain unresolved after proper notice, making the unit unfit for occupancy under state housing standards.
Nevada’s implied warranty of habitability requires landlords to keep rentals safe, functional, and sanitary. Issues caused by the tenant’s actions don’t qualify. Examples of uninhabitable conditions include:
- Ineffective weatherproofing or leaks
- Faulty plumbing or drainage problems
- No access to hot or cold running water
- Lack of heat, air conditioning, or power
- Unsafe stairs, floors, or structural hazards
To end the lease, tenants must send a written notice explaining the problem and stating that the lease will terminate if the landlord doesn’t make repairs within 14 days (or sooner if the issue poses an immediate danger). If the landlord still fails to act, the tenant may move out and stop paying rent.
Supporting law: Nevada Revised Statutes § 118A.355
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
4. Landlord Harassment or Privacy Violations
Tenants in Nevada can end a lease early when a landlord’s actions violate their privacy or create ongoing harassment that threatens their safety or peace of mind. The tenant must first deliver written notice explaining the problem and allow a reasonable amount of time for the landlord to correct it.
Landlord misconduct that qualifies includes:
- Unlawful entry: Entering without at least 24 hours’ notice or permission
- Constructive eviction: Shutting off utilities, changing locks, or removing doors or windows
- Neglecting repairs: Refusing to fix serious issues that affect safety or livability
- Discrimination: Targeting tenants based on legally protected characteristics
If the landlord ignores the notice or repeats the behavior, the tenant may end the lease and move out. Tenants should document all communication, notices, and incidents to protect themselves in the event the landlord disputes the termination.
Supporting law: Nevada Revised Statutes §§ 118A.310, 118A.340, 118A.500
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
5. Tenant is Over 60 Years Old & Needs to Move Due to Disability
In Nevada, tenants aged 60 or older who must move because of a physical or mental disability may end a lease early without penalty. The law recognizes that certain health conditions require relocation to a specialized care facility or accessible housing.
To qualify, the tenant must give the landlord 30 days’ written notice and include documentation from a licensed physician confirming the need to relocate for medical or safety reasons. Tenants owe rent through the notice period, but no additional penalties or future rent apply after the lease ends.
Supporting law: Nevada Revised Statutes § 118A.340
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
6. Unenforceable or Void Lease Agreement
In Nevada, tenants can end a lease early without penalty if the agreement isn’t legally valid or enforceable. A lease becomes void or voidable in Nevada when:
- Signed under duress: The tenant agreed because of threats, intimidation, or coercion
- Signed by a minor: Individuals under 18 generally can’t enter a binding residential lease
- Unit is illegal: The property fails code requirements, lacks proper permits, or isn’t legally habitable
If a lease has no legal validity, the tenant can move out without paying future rent. The landlord must return the security deposit, and if they refuse, the tenant can file a claim in small claims court to recover what’s owed.
Supporting law: Nevada Revised Statutes §§ 118A.190, 118A.355
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
7. Landlord Retaliation
Tenants in Nevada can end a lease early if a landlord retaliates after they exercise their legal rights. State law protects renters who report code violations, request necessary repairs, or file complaints with local housing or regulatory agencies.
Protected tenant actions include:
- Using or attempting to use legal housing rights
- Reporting safety or building code violations
- Requesting essential repairs or maintenance
- Submitting complaints to housing or health departments
Landlord retaliation can take several forms, including:
- Filing or threatening eviction without a valid reason
- Cutting off utilities or limiting access to the property
- Increasing rent or changing lease terms unfairly
- Harassing or intimidating tenants for asserting their rights
Tenants can end the lease by providing written notice and maintaining documentation of any retaliation. If the landlord demonstrates that the action was justified or planned before the dispute, the retaliation rules do not apply. Tenants can also pursue damages or raise retaliation as a defense if taken to court.
Supporting law: Nevada Revised Statutes § 118A.510
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
8. Mutual Agreement Between Landlord & Tenant
In Nevada, tenants and landlords can agree to end a lease early if both sides put the terms in writing. This mutual agreement can come from direct discussion or by using an early termination clause already written into the lease. Both parties must sign the final agreement to make it binding.
Common reasons for mutual lease termination include:
- Job relocation or transfer
- Financial or personal hardship
- Family or medical situations
- Selling the property
- Major renovations or redevelopment
- Tenant purchasing a new home
Tenants should communicate their reasons clearly and offer reasonable terms when requesting early termination. Both parties can then decide on notice timelines, prorated rent, and how to handle the security deposit. A written agreement finalizes the arrangement and protects everyone from future disputes.
Supporting law: Nevada Revised Statutes § 118A.350
Other Legal Reasons for Breaking a Lease in Nevada
Tenants in Nevada can sometimes terminate a lease early when specific state or federal laws provide additional protection. These special circumstances fall outside typical landlord-tenant disputes, allowing tenants to leave without financial penalties when the property becomes unlivable or outside events make continued occupancy unreasonable.
Other valid reasons include:
Court-ordered relocation of the tenant: A tenant who must relocate due to a court order, such as one tied to a protective order or legal judgment, can terminate the lease under general contract law.
Supporting law: Nevada Revised Statutes § 118A.340
Condemnation of the rental property: When a property is condemned due to health or safety violations, the lease automatically ends because the unit can no longer be legally occupied.
Supporting law: Nevada Revised Statutes § 118A.355
Natural disasters rendering the property uninhabitable: If a fire, flood, or similar disaster destroys or severely damages the rental property, tenants can terminate the lease immediately without owing future rent.
Supporting law: Nevada Revised Statutes § 118A.355
These less common situations are still recognized under Nevada law. Tenants must usually give proper notice and supporting documentation to the landlord.
Consequences for Illegally Breaking a Lease
Tenants in Nevada who end a lease without a valid legal reason risk losing their security deposit, being sued for unpaid rent, and hurting their credit score. Landlords may also provide poor references, which can make it more difficult to find future rental housing.
Landlord’s Duty to Mitigate Damages in Nevada
Nevada law requires landlords to make a genuine effort to re-rent a unit when a tenant leaves before the lease expires. They can’t simply demand full payment for the remainder of the lease without first trying to find a replacement renter. Once a new tenant starts paying rent, the former tenant’s financial responsibility ends for that timeframe.
Supporting law: Nevada Revised Statutes § 118A.520
Tenant’s Right to Sublet in Nevada
Nevada law doesn’t give tenants an automatic right to sublet their rental. A tenant can only sublease if the lease allows it or the landlord provides written consent. Even when the landlord approves, the original tenant still must uphold rent payments and lease terms unless released in writing.
Supporting law: Nevada Revised Statutes § 118A.200
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