In Nevada, if there is an agreement to pay rent in exchange for inhabiting a property, a rental agreement exists and is considered valid. According to Nevada law, (NV Rev. Stat. Ch. 118A), this automatically grants certain rights to tenants, which include the right to a safe and habitable dwelling and the right to take at least tw0 forms of alternative actions.
Landlords also have rights, such as the right to pursue evictions if a lease violation occurs and the right to collect rental payments.
Note: These rights exist regardless of a rental agreement stating otherwise.
Landlord Responsibilities in Nevada
According to Nevada state law, landlords must provide a habitable dwelling and must make requested repairs within 14 days (or sooner if it’s an emergency). If they do not, then Nevada tenants may take two forms of alternative action—they may withhold rent or may make the repairs themselves and deduct the cost from future rent payments. The repair and deduction method may only be used within a 12-month period.
Here is a list of essential amenities that landlords are and are not responsible for.
|Electrical outlets and wiring||Yes|
|Floors, walls, ceiling||Yes|
Landlords are not permitted to evict tenants in retaliation for exercising their housing rights (e.g., filing a health or safety violation complaint).
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 formal eviction.
- Lease Violation – If a lease violation occurs then 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, the 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, then 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 may commence.
It is illegal for landlords to evict tenants for retaliation or for discriminatory reasons.
Security Deposits in Nevada
- Standard Limit/Maximum Amount – 3 months’ rent (excludes pet rent),
- Time Limit for Returns – 30 Days.
- Penalty if Not Returned on Time – Nevada landlords who wrongfully withhold rent may be liable to pay the amount of the security deposit and may pay a monetary award as a penalty.
- Allowable Deductions – Repairs for damages the exceed normal wear and tear, unpaid rent, cleaning fees.
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|
Early termination. If a Nevada tenant swishes 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
Rent Increases & Related Fees in Nevada
- Rent Control. Nevada state law does not prohibit or enforce rent control. As such, landlords may charge what they wish for rent. The state has the “Dillon Rule” which forbids local jurisdictions from unilaterally instituting rent control policies without state approval.
- Rental Increases. Landlords are not limited in how much they can raise the rent, but they must give tenants at least 45 days’ notice. If the period of tenancy is less than 1 month then the landlord only needs to give 15 days’ notice.
- Rent-Related Fees. The state does not put a limit on late fees for rent. They also do not regulate returned check fees.
Housing Discrimination in Nevada
Protected groups. The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, familial status, religion, sex, or disability. These protections do not apply to owner-occupied homes or homes operated by religious organizations. Nevada state extends additional protections to tenants on the basis of sexual orientation and gender identity.
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 they judge issues on a case-by-case basis.
Tenants who believe they are victims of housing discrimination may file a complaint to the Commission through their website. If the complaint is found to be justified, then the tenant may sue for damages.
Additional Landlord Tenant Regulations in Nevada
Landlord Right to Entry in Nevada
Landlords are required to give at least 24 hours’ notice before entering an occupied property. This standard can be increased by a lease agreement, but not decreased. Landlords are not assumed to need permission to enter in the case of emergencies.
Small Claims Court in Nevada
Small claims court in Nevada will hear rent-related cases valued up to $7,500 or less. Small claims courts usually do not handle eviction cases. Written and oral contracts have a 6-year and 4-year statute of limitations, respectively.
Mandatory Disclosures in Nevada
Nevada landlords must make these 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 should be disclosed to the tenant.
- Late Fees -If a landlord is charging late fees 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.
- Move-In Checklist – A checklist must be provided to the tenant that outlines the inventory and condition of the property.
- 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 provide any regulations on whether a landlord or tenant may change the locks without the other party’s permission. Landlords are expressly forbidden from changing the locks as a form of eviction (i.e. ‘lockouts”).
Additional Resources for Nevada Renters
In addition, check your local county and municipality for additional land-lord tenant regulations. To learn more, please refer to the below digital resources.
Nevada Landlord-Tenant Handbook – This handbook is invaluable when it comes to answering questions that arise out of unusual or special case circumstances relating to landlord-tenant laws. Better yet, this handbook includes links to resources that Nevada landlords can use to standardize the language they use in all of their notices and disclosures.
Overview of Nevada Small Claims Court – This primer on Nevada’s small claims court can help even a legal novice understand this venue’s judgement process. It even includes several concise flowcharts that can help a landlord or tenant track the progression of their case as it proceeds towards final judgement.
SB 151 – New Law Relating to Summary Eviction – In 2019, Nevada revised key portions of its summary eviction process. However, many landlords in the state are still operating under the old standards. As such, it is crucial to read about the changes described in this resource so that Nevada tenants are not caught unaware.