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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
Below is an overview of some of the rights and responsibilities of both landlords and tenants in Nevada.
According to Nevada's landlord-tenant laws, tenants have the right to:
As much as they have rights, tenants in Nevada also have a few obligations during the period of a lease agreement, including:
Nevada landlords have certain fundamental rights recognized and enforceable under Nevada's landlord-tenant laws. These include:
Landlords in Nevada are required to:
Are landlords in Nevada required to give notice before entering the property?
Landlords have to give tenants at least 24 hours' notice unless there is an emergency. Also, they can only enter at acceptable times during regular business hours (Revised Statute of Nevada Section 118A.330, 2024)
Are landlords in Nevada allowed to enter the property to conduct maintenance and repairs?
Yes, a landlord may enter the rented property in order to conduct an inspection, perform any agreed-upon maintenance, decorate, make any necessary renovations or additions, and/or provide any agreed-upon services. However, they would need to notify the renter at least 24 hours prior to entry.
Landlords in Nevada are allowed to charge a late fee on default rents. However, the amount cannot exceed 5% of the monthly rent (NRS § 118A.210(4)).
Additionally, it's important to note that landlords are required to give renters a 3-day grace period before charging late rent fees (NRS § 118A(4a)).
Source: NRS: CHAPTER 118A - LANDLORD AND TENANT | Nevada Legislature
SECTION 2
No. Nevada has no rent control law and landlords are not mandated to have a specific justification for rent increases. This implies that the landlord is free to raise rent whenever they determine that a shift in the rental property market justifies it.
Although there is no cap on rent increases, it is crucial that landlords refrain from raising rent for reasons that are discriminatory, such as age, gender, ethnicity, or religion.
According to Nevada laws, landlords are required to provide their tenants with adequate written notice before raising rent. The length of notice necessary depends on the specifics of the lease agreement.
Here are the common cases where rent increase is prohibited in Nevada:
Source: Tenant's Rights | Nevada Legal Services
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SECTION 3
Landlords and tenants in Nevada use lease agreements to specify conditions for the use of rental property. Typically, the contract specifies the length of the lease, the monthly payment amount, and any other terms that the parties have decided upon.
Yes. Verbal lease agreements are considered legal in Nevada, but only for leases of less than a year. For elases of a year of longer a written lease is required. (NRS 111.210 and NRS 118A. 160).
Here are some of the key components that should be included in a Nevada lease agreement to ensure a smooth and fair rental experience for all parties involved.
Source: Lease Agreements | Civil Law Self-Help Center
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SECTION 4
The maximum amount a landlord in Nevada can charge as security deposit is 3 months' worth of rent. (NRS 118A.242 (1))
Additionally, in place of a security deposit, a tenant and landlord agree to use a surety bond instead. But keep in mind that the surety bond is subject to the same rules and laws that apply to the deposit.
In Nevada, it is lawful for landlords to demand a non-refundable pet deposit. However, the lease agreement needs to specify these deposits clearly. Additionally, it's important to note that renters with disabilities are free from this fee if they use service animals. Nevertheless, throughout the rental period, the tenant is liable for any harm the service animal does to the property.
Nevada law permits the landlord to take a reasonable amount from the security deposit for the following purposes:
It is not necessary to keep security deposits and other monies apart or in a specific way, according to Nevada's security deposit law.
Nevada landlords have 30 days from the date the tenant moves out to return the security deposit. (NRS 118A.242(4)(5)).
The landlords must also explain, in the lease, the conditions of the security deposit return. (NRS 118A.200).
In the event that a landlord defaults or refuses to return a security deposit within the allotted 30-day period tenants can obtain the full amount of damages plus any associated legal fees.
If the landlord chooses to make deductions form the security deposit they are required to provide renters with an itemized list of the deductions. Either personally give this to the tenant or mail it to their current address. (NRS 118A.242(4)(5))
Within 30 days of receiving the statement, the tenant is required to respond in writing to the surety if they disagree with any of the deductions shown.
Landlords are not required to pay interest to tenants on kept deposits.
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SECTION 5
Nevada has certain guidelines and procedures regulating eviction to maintain equity and transparency in landlord-tenant relationships. Landlords can file two types of eviction in Nevada: formal eviction and summary eviction.
Additionally, landlords can only initiate an eviction process with a valid reason as well as giving notice to the tenants under various circumstances.
There are four primary grounds to initiate a formal eviction procedure in the state of Nevada:
Regardless of the eviction type, an eviction process in Nevada starts with the landlord sending the necessary eviction notices to the tenants. There are numerous sorts of evictions or lease violation notifications, and the approach the landlord chooses to notify the residential tenant must be tailored to the situation.
Here are the common eviction notices given to tenants in Nevada:
Exception: These provisions do not apply if the tenant is a federal, tribal, or state worker, or their household member during a government shutdown and provides proof to the landlord (NRS 40.2512(2)).
(e.g., subletting, waste, unlawful business, nuisance, controlled substances laws) (NRS 40.2514)
If the tenant fails to comply with these notices, they may be guilty of unlawful detainer, and the landlord can seek to recover possession of the property through legal proceedings (NRS 40.2516(2)).
As we've mentioned earlier, two eviction options are available to landlords: a formal eviction procedure or a summary eviction procedure.
A landlord may file for a formal eviction if they want possession of their rental and monetary damages; however, landlords may file for a summary eviction if they want to reclaim their unit.
The landlord provides the tenant with the required eviction notice to start the Nevada eviction process.
If the tenants cure the infraction or vacate after receiving the notice, the eviction process ends there. Otherwise, the landlord can go to court and file an eviction lawsuit.
The court would summon both parties to a hearing, and afterward the judge would pass a judgment. If the judgment is in favor of the landlord, they can request the help of local law enforcement to remove the tenant from the rental property.
Source: Eviction Process | Clark County (.gov), The Eviction Process in Nevada: Rules for Landlords | Nolo.
SECTION 6
Nevada law controls most aspects of the landlord-tenant relationship, as well as rental applications. Here are a few statutes pertaining to Nevada rental applications.
Nevada has no laws that forbid landlords from collecting an application fee. Furthermore, the state does not set a maximum price that a landlord may charge for a rental application. However, landlords should act in good faith and ensure that the costs don't exceed the actual cost of performing the screenings and inspections.
Moreover, application fees in Nevada are non-refundable, regardless of the basis for the application's rejection.
When vetting potential tenants, landlords must abide by both federal and state anti-discrimination legislation. Landlords cannot discriminate against tenants based on federal fair housing laws on the grounds of race or color, religion, national origin, age or familial status (which includes pregnant women and families with children under the age of 18), handicap or disability, or sex (which includes gender identity and sexual orientation).
Similar to the federal fair housing laws, Nevada's fair housing regulations protect the same categories. (Revised Nevada Statute Section 118.020, 2024).
A landlord can utilize a tenant screening report, which can include a credit check, criminal background report, work history report, or rental history record, to decide whether to accept an application from a potential renter.
However, they are only able to do so with the applicants' consent. Ideally, landlords can have the applicants sign and attach a consent-seeking document to their application.
Federal FCRA law mandates that landlords inform tenants of any adverse action taken against them in the event that their application is rejected. This notice is meant to inform the applicant that:
To make the rental application process effective, here is a list of crucial requests to include in your Nevada rental applications:
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SECTION 7
Tenants who break a lease early may be obliged by Nevada law to cover a variety of expenditures, including unpaid rent for the balance of the lease, damages to the landlord for the early termination, and even the cost of finding a new tenant.
Under Nevada law, landlords and tenants can legally end a lease as long as they give sufficient notice and settle all outstanding rent. However, the notice amount varies depending on the lease.
Here's a breakdown of Nevada’s notice requirements to end a lease:
Tenants may legally leave the property before the lease expires if they have valid grounds recognized under Nevada law. Below are some situations where renters can legally break a lease in Nevada.
Under federal law, a renter has the right to break the lease if they enlist in the active military after signing it (War and National Defense Servicemembers Civil Relief Act). To be eligible, they must, however, be a member of the "uniformed services."
Tenants intending to end their tenancy for military reasons are required under Nevada law to give written notification to their landlord. Even if the next rent due date is several months before the lease expires, the tenancy will end 30 days after the notice is mailed or delivered.
According to state law, tenants who are 60 years of age or older and are required to move due to a physical or mental disability may break the terms of their lease if they require care or treatment that is not available in the rental property, as long as certain requirements are met (like providing the landlord with appropriate written notice).
(Nevada Revised Statute Section 118A.340)
According to municipal and state housing rules, if a landlord does not provide a livable dwelling, a court will likely deem that the tenant has been "constructively evicted." This indicates that the renter is no longer liable for the rent because the landlord effectively "evicted" them by providing unfit housing.
If a significant repair issue requires the tenant to vacate early, Nevada law specifies the steps they must take. It's important to note that only serious issues, such as not having heat or other necessary services are applicable.
(Nev. Rev. Stat. §§ 118A.360, 118A.380, and 118A.490)
A landlord is required by Nevada state law to provide tenants a 24-hour notice before entering the rental property (Nevada Revised Statute Section 118A.330). The tenant would be considered "constructively evicted," as described above, if the landlord consistently infringes on their privacy rights or takes actions such as removing windows or doors, disconnecting their utilities, or changing the locks.
If certain requirements are satisfied, such as the tenant obtaining a legitimate protection order, Nevada state law grants renters who are victims of domestic abuse the right to an early termination (Nevada Revised Statutes §§ 118A.345, 118A.347, and 118A.510)
SECTION 8
Below is an overview of some Nevada HOA laws that often apply to homeowners associations in the state.
All the provisions of the Nevada Common-Interest Ownership Act which regulates community groups in the state of Nevada are outlined in Chapter 116 (Title 10) of the Nevada Revised Statutes. This act applies to properties where individual owners bear the cost of upkeep and repairs for common areas and facilities.
Essential subjects covered by this statute are HOA creation, operation, and dissolution. It covers cooperatives, condominiums, and planned communities. (Nevada Common Interest Ownership Act)
This act outlines the responsibilities, obligations, and requirements for professionals working in common interest communities, such as managers of homeowners organizations. It describes their roles and responsibilities in addition to the requirements and criteria for licensing management. (Nevada Common Interest Communities: Regulations of Community Managers and Other Personnel Act)
In Nevada, all HOAs are required to be formed as a corporation, trust, association, limited liability company, association, partnership, or any other type of legal entity, whether it be nonprofit or for-profit.
The Nevada Nonprofit Corporation Act, which outlines the organizational structure and protocols companies must adhere to, regulates the organization if it is a nonprofit. On the other side, for-profit HOAs are governed by the Nevada Business Corporation Act. (Nevada Nonprofit Corporation Act)
Discrimination in housing based on specific traits is illegal in Nevada according to the Fair Housing Law. It is illegal for a homeowner association to treat a resident unfairly on the basis of their sex, religion, race, handicap, sexual orientation, national origin, family status, ancestry, or gender identity. At the state level, this act provides protections akin to those found in the Federal Fair Housing Act. (Nevada Fair Housing Law)
The federal Fair Debt Collection Practices Act and the Debt Collections Law are similar. This law forbids debt collectors from using deceptive, unfair, or abusive methods of debt collection. This act protects residents as "consumers" and recognizes HOA payments as debts. (Nevada Debt Collections Law)
SECTION 9
According to state law, squatters may claim Nevada squatter's rights (adverse possession) over a property after living on the land continuously for at least five years. Additionally, the squatter needs to be able to provide documentation proving they have been paying property taxes for the whole time they have been residing there.
Before squatters can legally claim ownership of the land they are occupying, they must fulfill the following five requirements:
The trespasser is required to reside on the property and care for it as though it were their own. There are various methods to prove this, like keeping records on the squatter's upkeep and beautification projects. This entails mowing the grass, planting flowers, and clearing away rubbish.
There is no mention of danger or violence in the legal definition of a hostile claim. As per Nevada law, hostile in this case has three definitions. These are:
To fulfill exclusive possession, the squatter must be the only person occupying the land. They cannot share with visitors, holdover tenants, other squatters, or the owner.
It must be obvious to others that someone is squatting on the property. They are not allowed to conceal their residence from the property owner or anybody else.
According to the regulations governing adverse possession, a squatter must occupy the land continuously (for five years). They cannot go for several weeks or months and then come back to establish their claim.
SECTION 10
Below, you’ll find some helpful Nevada landlord–tenant law resources:
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
