Month-to-month rentals are common in Nevada, as plans tend to change quickly and flexibility is a plus in a rental relationship. A Nevada month-to-month lease agreement renews each month, continuing until either the landlord or the tenant gives notice to terminate.
While the terms may be different, one thing that doesn’t change is the law. Nevada landlord-tenant law still oversees the rental agreement, from collecting a security deposit to terminating the lease. Below, we’ve outlined the most important information about a Nevada tenancy at will.
Disclosures (7)
Nevada law requires landlords to provide certain information to tenants before they sign their lease. These disclosures increase transparency and help make sure everyone is on the same page from the start.
- Lead-based paint: Federal law requires landlords to give tenants any known information about lead-based paint and its hazards in homes built before 1978. Landlords must also provide a copy of the EPA’s lead safety pamphlet.
- Foreclosures: Landlords must inform their tenant if the rental is subject to foreclosure proceedings (Nev. Rev. Stat. § 118A.275).
- Public nuisance: State law requires all leases to include language that informs the tenant about the penalties of creating or allowing a nuisance in the unit (Nev. Rev. Stat. § 118A.200(3)(l)).
- American Flag: Landlords must allow their tenants to display an American flag on the property for personal use (Nev. Rev. Stat. § 118A.200(3)(n)).
- Late fees: If landlords plan to charge late fees, the lease template must outline the fees. In Nevada, late fees can be up to 5% of the overdue balance (Nev. Rev. Stat. § 118A.200(3)(e-f)).
- Landlord contact information: Landlords must include the name and contact information of the landlord with the lease (Nev. Rev. Stat. § 118A.260).
- Move-in checklist: Nevada requires landlords to give their tenant a move-in checklist that outlines the condition of the unit at move-in, including any existing damage to the property (Nev. Rev. Stat. § 118A.200(3)(k)).
Optional Disclosures and Addenda
Even though landlords are not required to include these optional disclosures in their lease agreement, experienced landlords understand that providing tenants with additional information helps limit their liability and build trust.
Asbestos: Informs tenants about any asbestos in the unit and provides strategies to minimize exposure.
Bed bugs: Discloses any known or suspected bed bug infestations in the unit or in adjacent units.
Medical marijuana use: Outlines the policy regarding the use of medical marijuana in the unit, including any limitations or restrictions.
Mold: Informs tenants of any mold present in the unit and provides information on remediation options. The mold disclosure also reminds tenants of their responsibility to report any new mold they find.
Non-refundable fees: Lists any non-refundable fees that landlords charge in the residential lease agreement template.
Shared utilities: If the rental shares a utility meter with another unit or a common area, landlords must detail how they split utility costs.
Smoking: Details the unit’s smoking policy, including any designated smoking areas on the property.
Additional Nevada Month-to-Month Lease Laws
There are additional laws that pertain to your Nevada month-to-month lease agreement. Here’s what landlords need to know about a tenancy at will in the Silver State.
Notice to Terminate a Month-to-Month Agreement
When it is time to move on from a residential rental agreement, state law dictates how and when landlords and tenants must give notice.
Required notice for tenant: Tenants must give at least 30 days’ written notice to terminate a Nevada month-to-month lease agreement (Nev. Rev. Stat. § 40.251).
Required notice for the landlord: Landlords must also give at least 30 days’ written notice to terminate the arrangement (Nev. Rev. Stat. § 118A.300).
Laws Governing Rent Increases
Rent control and stabilization laws do not exist in Nevada, so landlords can raise rents as they deem necessary. However, landlords must still give their tenant notice before the rent increase takes effect.
Lease Violations and Eviction
From time to time, landlords may need to address a lease violation. While these violations can be inconvenient, Nevada law sets clear guidelines for getting the tenancy back on track.
Missed rent payment: If a tenant misses a rent payment, landlords may issue a 4-day Notice to Pay or Quit after the required grace period (Nev. Rev. Stat. § 40.253(b)).
Lease violation: For most other lease violations, landlords may issue a 5-day Notice to Cure or Quit, allowing the tenant 5 days to fix the violation (Nev. Rev. Stat. § 40.2516).
Lease abandonment: If landlords believe their tenant has abandoned the lease, they should deliver a written notice to their tenant stating that. If the tenant does not respond within 5 days, landlords may terminate the agreement and attempt to re-rent the unit (Nev. Rev. Stat. § 118.195).
Self-help evictions: In Nevada, self-help evictions are illegal, meaning landlords should never attempt to remove a tenant on their own.
Rent Payment Laws
Rent payment laws in Nevada focus on notice and landlord-tenant protections. Here’s what landlords need to know.
Rent control/stabilization: Rent control and stabilization laws do not exist in Nevada.
Late rent fees: Landlords may charge up to 5% of the monthly rent as a late fee, as long as they clearly outline the fee in their Nevada month-to-month lease agreement (Nev. Rev. Stat. § 118A.210(4)).
Grace period: State law requires landlords to offer their tenants a minimum 3-day grace period for late rent payments (Nev. Rev. Stat. § 118A(4a)).
Tenant’s right to withhold rent: In Nevada, tenants may withhold rent if landlords fail to maintain a safe and habitable property (Nev. Rev. Stat. § 118A.355).
Pet rent laws: Landlords may charge pet rent or collect a pet deposit, as long as the amounts are reasonable and the lease template clearly states the charges.
Security Deposits
Nevada law has clear guidelines regarding security deposits, including how much landlords can collect and when they must return the funds.
Maximum amount: State law allows landlords to collect up to 3 months’ rent as a security deposit (Nev. Rev. Stat. § 118A.242(1-2)).
Deposit receipt: In Nevada, landlords must provide a signed receipt for a tenant’s security deposit payment upon request (Nev. Rev. Stat. § 118A.250).
Interest payments: Landlords are not required to pay their tenants interest on security deposit payments.
Security deposit return: Landlords must return their tenant’s security deposit, withholding any deductions, within 30 days of lease termination (Nev. Rev. Stat. § 118A.242(4)).
Deductions: Landlords can withhold funds from the security deposit to cover unpaid rent or excessive damage. If landlords withhold funds, they must provide an itemized receipt for all deductions (Nev. Rev. Stat. § 118A.242(4)).
Property Access Laws
If landlords must enter the property, whether for maintenance or an emergency, it’s important to comply with state law and give tenants the proper required notice.
Advance notice: For routine maintenance or repairs, landlords must give their tenants at least 24 hours’ notice and enter during regular business hours (Nev. Rev. Stat. § 118A.330(3)).
Immediate access: If there is an emergency, landlords may enter the property immediately without getting consent (Nev. Rev. Stat. § 118A.330(2-3)).
Harassment: Repeated entry without notice or consent is considered harassment and may lead to penalties or the tenant’s ability to break the lease early (Nev. Rev. Stat. § 118A.500).
