Under Nevada law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under NRS Chapter 118A, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in Nevada
In Nevada, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Nevada’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Yes | Yes |
| Smoke and Carbon Monoxide (CO) Detectors | Only Smoke | Only If Provided |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Nevada
Landlords must perform necessary repairs in a timely manner. In Nevada, landlords must make repairs within 14 days after getting written notice from tenants.
If repairs aren’t made in a timely manner, Nevada tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make repairs and deduct from the rent.
Tenant Responsibilities in Nevada
Apart from paying rent in a timely manner, Nevada tenants must:
- Keep the unit in a safe and habitable condition.
- Keep plumbing fixtures clean.
- Use all facilities and appliances in a reasonable manner.
- Not deliberately or negligently destroy any part of the premises.
- Make small repairs and maintenance.
- Not disturb other tenants or neighbors.
Evictions in Nevada
- Nonpayment of Rent: If a tenant fails to pay rent, then the landlord may issue a 7-day Notice to Pay, after any applicable grace period. If the tenant still does not pay after 7 days, then the landlord may proceed with eviction.
- Lease Violation: If a lease violation occurs, the landlord may issue a 5-Day Notice to Comply which outlines how the tenant can fix their behavior. If the tenant does not fix the violation, a second notice shall be sent and the landlord may issue a 5-Day Notice to Quit.
- No Lease/End of Lease: If a tenant stays in the dwelling unit after the rental period has ended, 1he landlord may proceed with issuing a notice to quit. The amount of time required in the notice depends on the type of tenancy.
- At-Will Tenants: 5-Day Notice to Quit. After the first notice period has elapsed, a second 5-Day Notice to Quit for Unlawful Detainer shall be given to the tenant if they remain on the property.
- Week-to-Week: 7-Day Notice to Quit. After the first notice period has elapsed, a second 5-Day Notice to Quit for Unlawful Detainer shall be given to the tenant if they remain on the property.
- Any Other Periodic Tenancy: 30-Day Notice to Quit. After the first notice period has elapsed, a second 5-Day Notice to Quit for Unlawful Detainer shall be given to the tenant if they remain on the property.
- Illegal Acts: If a Nevada landlord has documentation of illegal activity on the property, they may issue a 3-Day Notice to Quit. Damaging the property, subleasing in violation of the lease, running an unlawful business, and illegal substance use or manufacture are grounds for eviction in Nevada. If the tenant remains on the property, a second 5-Day Notice to Quit shall be sent by the landlord before an eviction proceeding can start.
It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons.
Landlord Retaliation in Nevada
It’s illegal for Nevada landlords to retaliate with tenancy termination, raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Nevada
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: 3 months’ rent.
- Inventory Requirement: In order to collect security deposits, landlords must provide a signed inventory and condition of the rental unit and the conditions for the return of the deposit.
- Interest Requirement: None.
- Receipt Requirement: Landlords must provide upon request.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, late fees, physical damage excluding normal wear and tear, and cleaning fees listed in the lease agreement.
- Time Limit for Return: 30 days (21 days for mobile homes).
- Max. Penalty for Late Return: Tenants can sue for twice the security deposit plus damages.
Lease Termination in Nevada
Notice Requirements: If a tenant on a periodic lease wishes to terminate that lease, then they must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: If a Nevada tenant wishes to terminate a lease early, then they may do so for the following reasons:
- Early termination clause.
- Active military duty.
- Uninhabitable unit.
- Landlord harassment.
- Domestic violence.
- Advanced age or illness.
Cost of Breaking a Lease in Nevada
If a Nevada tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Nevada
Nevada does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Nevada does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Before increasing the rent, landlords must give 60 days’ notice to month-to-month tenants and 30 days’ notice to week-to-week tenants.
Housing Discrimination in Nevada
Protected Groups: The Federal Fair Housing Act prohibits discrimination in housing based on race, color, national origin, familial status, religion, sex (including gender identity and sexual orientation), or disability. These protections do not apply to some owner-occupied homes or homes operated by religious organizations.
Discriminatory Acts & Penalties: Housing discrimination cases in the state are handled by the Nevada Equal Rights Commission. The commission has not outlined which behaviors may be considered discriminatory, so it is assumed that the judge makes decisions on a case-by-case basis.
Tenants who believe they are the victim of housing discrimination may file a complaint through the Commission’s website. If the complaint is found to be justified, then the tenant may sue for damages.
Additional Landlord Tenant Regulations in Nevada
In addition to having laws that address general issues like repairs and security deposits, most states, including Nevada, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Nevada
Nevada landlords have the right to enter rental property for inspections, maintenance, and property showings. They must give at least 24 hours of advance notice before entering an occupied property, unless it’s an emergency.
Rent Collection & Related Fees in Nevada
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are required to provide a 3-day grace period for the payment of rent before charging a late fee. However, there is no required grace period for week-to-week tenants.
- Maximum Late Fee: 5% of the periodic rent payment.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Required upon request.
Small Claims Court in Nevada
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $10,000. Nevada Small Claims Court is a division of Justice Court. The process takes approximately one to three months.
Mandatory Disclosures in Nevada
Nevada landlords must make the following mandatory disclosures:
- Lead-Based Paint: Landlords who own homes built after 1978 must provide information about concentrations of lead paint used in the building.
- Authorized Agent: Any authorized agent’s contact information must be disclosed to the tenant.
- Late Fees: If a landlord wants to charge a late fee, it must be disclosed in the lease agreement.
- Right to Fly the Flag: Nevada landlords must inform tenants that they have the right to display the American flag in a reasonable manner.
- Pending Foreclosure: Landlords must also notify a tenant in writing if the property is subject to foreclosure at any time during the lease period.
- Utility Charge: Landlords shall disclose a breakdown of the utilities in the lease agreement.
- Security Deposit: When collecting a security deposit, landlords must provide the conditions for the return of the deposit. If the landlord wants to be able to charge a non-refundable cleaning fee, it must be included in the lease agreement.
- Condition of Rental Unit: At the start of every tenancy, landlords must provide a signed inventory and condition of the rental unit.
- Nuisance Notice: Landlords must provide a notice about the penalties for creating a nuisance in the rental property.
Changing the Locks in Nevada
Nevada law does not regulate tenants changing their own locks, so this is allowed if the lease doesn’t say otherwise. Landlords are not allowed to unilaterally change locks on tenants, as this is considered a form of illegal “self help” eviction.
Additional Resources for Nevada Renters
Many cities in Nevada have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and also see the resources below for general information.
Overview of Nevada Small Claims Court – This guide on Nevada’s Small Claims Court can help a legal novice understand the state’s court process. It includes several flowcharts that can help a landlord or tenant track the progress of their case as it proceeds toward final judgment.
SB 151 – New Law Relating to Summary Eviction – In 2019, Nevada revised its eviction process. However, many landlords in the state are still operating under the old standards. As such, it is important to read about the changes so that Nevada tenants are not caught unaware.
