A Nevada month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
Basics of a Nevada Month-to-Month Rental Agreement
In Nevada, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy full rights under Nevada landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Nevada
Nevada landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Landlord and Emergency Contact Disclosure – Nevada leases must contain the name and address of the landlord or authorized agent, plus a phone number for an emergency contact located within 60 miles of the rental property.
- Late Fee Disclosure – Nevada only enforces late fees which are disclosed and agreed in the lease.
- Move-In Checklist – Landlords must provide tenants with a move-in checklist to take inventory of existing property damage before move-in.
- Right To Display American Flag Notice – Nevada leases must disclose the tenant’s right to display a United States flag for personal use, on a pole, staff, or in a window.
- Foreclosure Disclosure – Nevada leases must disclose pending foreclosures, to alert tenants about the possibility of change in ownership and/or management.
- Maintaining or Permitting Nuisance Notice – Nevada landlords must provide notice to tenants about the legal consequences of creating a nuisance on the rental property.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Nevada
Nevada lets both the landlord or tenant terminate a month-to-month lease with at least 30 days of advance notice, although certain vulnerable or disabled tenants may have an extra 30 days to move out as a grace period. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
Nevada requires written notice to end a month-to-month lease. While mailed notice to the address of record is usually sufficient, Nevada can have complex notice delivery requirements, including some situations which require a licensed process server or other officer.
Required Notice To Raise the Rent on a Nevada Month-to-Month Lease
Nevada requires that notice for a rental increase be delivered in writing, with at least 45 days of advance notice for most month-to-month leases.
Eviction in Nevada Month-to-Month Rentals
Nevada tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in Nevada typically take one to six weeks.
For more information on the eviction process in Nevada, click here.
Sources
- 1 Nev. Rev. Stat. § 40.251(1)(a)
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A tenant of real property, a recreational vehicle or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:
(a) Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, the tenant continues in possession thereof, in person or by subtenant, without the landlord’s consent after the expiration of a notice of:
(1) For tenancies from week to week, at least 7 days;
(2) Except as otherwise provided in subsection 2 [tenants with specific disabilities], for all other periodic tenancies, at least 30 days;
(3) For tenancies at will, at least 5 days.
Source Link - 2 Nev. Rev. Stat. § 118A.190
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1. A person has notice of a fact if:
(a) The person has actual knowledge of it;
(b) The person has received a notice or notification of it; or
(c) From all the facts and circumstances the person reasonably should know that it exists.
2. Written notices to the tenant prescribed by this chapter shall be served in the manner provided by NRS 40.280.
3. Written notices to the landlord prescribed by this chapter may be delivered or mailed to the place of business of the landlord designated in the rental agreement or to any place held out by the landlord as the place for the receipt of rental payments from the tenant and are effective from the date of delivery or mailing.
Source Link - 3 Nev. Rev. Stat. § 40.280(1)
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1. Except as otherwise provided in NRS 40.253 and 40.2542, the notices required by NRS 40.251 to 40.260, inclusive, must be served by the sheriff, a constable, a person who is licensed as a process server pursuant to chapter 648 of NRS or the agent of an attorney licensed to practice in this State:
(a) By delivering a copy to the tenant personally.
(b) If the tenant is absent from the tenant’s place of residence or from the tenant’s usual place of business, by leaving a copy with a person of suitable age and discretion at either place and mailing a copy to the tenant at the tenant’s place of residence or place of business.
(c) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a conspicuous place on the leased property, delivering a copy to a person there residing, if the person can be found, and mailing a copy to the tenant at the place where the leased property is situated.
Source Link - 4 Nev. Rev. Stat. § 118A.300
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The landlord may not increase the rent payable by a tenant unless the landlord serves the tenant with a written notice, 60 days or, in the case of any periodic tenancy of less than 1 month, 30 days in advance of the first rental payment to be increased, advising the tenant of the increase.
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