Nevada Landlord Tenant Laws
As Nevada has transitioned from having a mostly transient to a mostly fixed population, laws have strengthened somewhat in favor of tenants. However, the laws are still very different from those of neighboring states such as California, and it is important for both landlords and their tenants to be familiar with them. There are no landlord-tenant laws at the federal level, and while a number of states have voluntarily adopted the Uniform Residential Landlord Tenant Act as a loose national standard, Nevada is not one of them.
Keep in mind that the information presented here is not meant to be 100% complete, nor should it be considered equivalent to the advice of a legal professional. The information presented here is current as of the publication of this article, but can potentially change as laws are revised or new laws are drafted.
What Laws Cover Landlord-Tenant Relationships?
Title 10, Chapter 118 covers most of the state’s laws and regulations pertaining to landlord-tenant relationships. Chapter 118 is also known as the Nevada Fair Housing Act and covers potential discrimination issues. Title 10, Chapter 118A (the Residential Landlord and Tenant Act) covers residential rental agreements between landlords and tenants. Title 10, Chapter 118B deals specifically with manufactured home parks and residence in recreational vehicles. And Title 10, Chapter 118C covers commercial rentals.
One final section to be aware of is Title 3, Chapter 40 (Actions and Proceedings in Particular Cases Concerning Property). This further covers some specific issues of dispute that can potentially arise in rental agreements, including trespass, construction issues and maintenance of properties obtained at foreclosure auctions.
Security Deposit Rules
Though a security deposit equal to a month’s rent or less is something of an industry standard, under NRS 118A.242 Nevada landlords are allowed to ask for up to the equivalent of three months of rent as a security deposit should they so choose. The deadline for returning the security deposit is 30 days after the lease is terminated.
Any non-refundable fees, such as those for cleaning, must be listed by the landlord in the lease agreement. A written and itemized list of charges and damages must also be provided to the tenant in the event that some or all of the security deposit is not returned.
Nevada law does not require landlords to place the security deposit in an interest-bearing account while it is being held. The original amount is returned to the tenant less any charges or damages.
Nevada is one of the very few states that allows landlords to charge non-refundable pet deposits, except where issues with legitimate service animals might conflict with the Fair Housing Act. The pet deposit is a separate item from the security deposit, and the landlord is allowed to retain it to cover expected cleaning and maintenance from the presence of the pet after the tenant has moved out. While landlords cannot “double dip” on the security deposit, they can choose to charge an additional pet deposit at each lease renewal if they so desire.
Lease, Rent and Fee Rules
Nevada has no specific laws regarding late fees, returned check fees or prepaid rent.
If a landlord wishes to raise a tenant’s rent, they are required under NRS 118A.300 to give at least 45 days advance notice. The exception to this is if the term of the tenancy is less than one month, such as in a week-to-week rental arrangement, in which case the landlord only needs to give 15 days notice.
On the tenant protection end, NRS 118.355 allows tenants to withhold rent if certain essential services, such as electricity and water, cannot be accessed or if the landlord does not repair damages that render the unit in an uninhabitable condition. Tenants may also make vital repairs on their own and then deduct the cost of those repairs from their rent under certain circumstances.
Should a tenant continue to inhabit a dwelling after their lease is up with the consent of the landlord, but without a new lease drawn up, any previous agreement automatically converts to a month-to-month or week-to-week agreement, depending on what the rent payment arrangement was up to that point.
Finally, Nevada does not place a cap on recovery of court and attorney’s fees in the case of a legal dispute.
Notice and Entry Rules
The amount of notice needed to terminate a lease is governed by NRS 20.451. Month-to-month rentals require 30 days notice, and weekly rentals require seven days notice. There is no statute regarding longer rental periods, such as yearly leases. There is also no statute regarding advance notice for a move-out inspection.
Evictions for lease violations and nonpayment of rent are covered by NRS 40.2512-2516. Evictions generally require five days advance notice. However, if the eviction is due to a lease violation, the landlord must first give the tenant written notice of the issue and three days to fix it. If it is not resolved in three days, the landlord can then give the five-day eviction notice.
NRS 118A.330 covers requirements about advance notice before entry. In general, 24 hours notice is required before a landlord can let themselves in to a tenant’s dwelling. However, there is a provision for entering during emergency situations without any prior notice. There is also no specific statute regarding entry if a tenant has been absent from the property for an extended period.
Landlords may not lock a tenant out or shut their utilities off, under NRS 118A.390.
Tenants are granted the right to display the flag of the United States of America under certain conditions by NRS 118A.325. The flag must entirely be on the portion of the premises that the tenant has the right to occupy and must be displayed in a manner consistent with 4 U.S.C. Chapter 1.
The state has no specific statute for landlord responsibility in terms of special protections for domestic violence victims.
Required Disclosures and Notes
NRS 118A.200 covers the items that a landlord must disclose to a tenant. Among them are a move-in checklist detailing the inventory and condition of the dwelling at initial move-in, the conditions required for the deposit to be refunded, and any pending foreclosure.
Laws outlining what is considered “retaliation” are outlined under NRS 118A.510. In short, a landlord cannot take averse action toward the tenant if it is only taken after the tenant complains to the landlord about illegal or unsafe living conditions, or if the tenant brings these concerns to a government agency. Tenants are also protected from retaliation if they form a tenant’s union under these conditions.
Small Claims Court
In Nevada, eviction cases are not heard in small claims court. The state limit for payments is $7,500, but some cities have opted for lower limits. You will need to check with your local municipality to see if the limit is lower in your area.
The links below go to the small claims courts of the major cities and counties in the state:
- Clark County (Las Vegas, Henderson, North Las Vegas, Boulder City, Mesquite, Jean, Primm)
- Churchill County (Fallon, Nevada City)
- Elko County
- Humboldt County (Winnemucca, McDermitt, Paradise Valley)
- Lander County (Austin, Battle Mountain)
- Pahrump Justice Court
- Washoe County (Carson City, Reno, Sparks)
Nevada Realtor Associations