Following state laws as closely as possible is always the best course of action when it comes to a rental agreement in Nevada. Every landlord may state their own rules and rights for their property, but there are some Nevada landlord tenant laws that every party has to know of if they want to avoid legal problems with a court of law in the future.
As with all the other states, Nevada has its particular landlord-tenant law, which applies to all the landlords and tenants who live in that state. These laws may differ slightly from one case to another, but they essentially work in the same way. However, it may be difficult to know about all these rules since there are many.
To make things easier for landlords and tenants, we're providing an overview of the Nevada landlord-tenant law so that every party involved knows what to do when it comes to a rental property. Keep in mind that if you need specific information for your rental case in Nevada, your best course of action is to seek legal advice from an attorney.
What Does a Rental Agreement Have to Include in Nevada?
All the specific requirements for a Nevada rental agreement are stated in the Nevada Revised Statutes (Chapter 118A). Generally, leases that are longer than 12 months should be sent in written form to comply with Nevada laws. However, the landlord may choose to use an oral agreement instead, if the lease is less than 12 months.
Here's a list of the most common things that a lease agreement should always include to comply with state laws:
- Description of the leased dwelling unit.
- Services and utilities included with the dwelling unit.
- Amount of rent, due date, late fees, and grace periods.
- Security deposit amount
- Security deposit return terms.
- Inspection rights.
- List of parties involved in the lease.
- Miscellaneous clauses.
Is Nevada a Landlord-Friendly State?
Due to the low amount of restrictions regarding rent control policies, rent increases, and fees, Nevada is generally considered a landlord-friendly state. Additionally, the state demands a few mandatory disclosures, making the rental process easier for the landlord.
Landlords' Rights & Responsibilities
Nevada landlord-tenant law allows landlords to collect required rent payments, use security deposits to cover damages that exceed normal wear and tear and pursue an eviction lawsuit if any breach occurs in the rental agreement.
According to landlord-tenant laws in Nevada, Nevada landlords must give the tenant a habitable dwelling unit with utilities/services in good condition. Additionally, Nevada landlords also must provide necessary repairs requested by the tenant in a "reasonable" amount of time; the amount of time required for these repairs is usually 14 days within a notice.
If the landlord fails to provide these repairs, the tenant has the legal right to withhold rent or deduct the repairing costs from future rent. In severe cases, the tenant may ask to terminate the lease or seek legal help if the unit becomes unhabitable.
Tenants' Rights & Responsibilities
Nevada tenants have the right to live in a unit that complies with local housing and safety requirements. If there are any existing damages to the unit, the tenant can request the landlord to fix the issue within 14 days of notice. In cases of emergency, the fix may be done within 24 hours' notice. If the landlord fails to do this, the tenant can cover the damages with future rent payments or seek legal help in a court of law.
Keep in mind that Nevada tenants can exercise their housing rights at any point of the lease, and the landlord may not send a notice of eviction or terminate the lease abruptly in retaliation.
To comply with local safety and housing regulations in Nevada, the tenant has to comply with all of the conditions that both parties agreed upon, as well as following these requirements throughout the lease:
- Keep a safe and quiet environment for other neighbors or tenants.
- Keep the rental property in a habitable condition that complies with local security and housing clauses.
- Fix any small damages that may appear on the premises.
- Provide regular maintenance to utilities and fixtures.
General Landlord-Tenant Clauses
The following is a list of the general guidelines that landlord-tenant laws require to be followed throughout the lease.
Rent Payment Clauses
Rent payments in Nevada are straight-forward. According to the law, tenants must provide rent payments when they're due to prevent legal problems in a court of law with their landlord. These payments are usually due at the beginning of the month (although this may be adjusted by the landlord in the lease).
In the case that the landlord didn't specify any rent amount, the price is going to be charged at the fair market value of the rental.
Landlords don't have to provide a receipt of rent payment, but tenants have the right to request one if they need it. If this happens, landlords must provide said receipt.
The state of Nevada doesn't have any specific laws regarding rent control policies, meaning that landlords are free to charge any amount that they consider appropriate. The "Dillon Rule" of Nevada states that local jurisdictions may not impose rent control unilaterally.
On the other hand, landlords have the right to raise the rent at any amount they consider appropriate. However, they have to give their tenant at least 45 days of written notice before adjusting. If the lease's duration is lower than one month, the provided notice should be at least 15 days.
Late Fees and Grace Periods
When it comes to fees, the landlord-tenant laws in Nevada state that landlords cannot charge a value higher than 5% of the total cost of rent for fees. However, there aren't any laws regarding grace periods, which means that landlords may charge fees a day after the rent due date.
Security Deposit Clauses
Landlords have the right to collect a security deposit or surety bond from their tenants. It's important to note that the security deposit value should not be higher than the value of three months' rent. This value of three months' rent excludes pet rents, a monthly fee that some landlords charge their tenants to have a pet inside the property.
Tenant rights allow them to get their security deposit returned after the lease's termination; this means that the landlord must return the security deposit within 30 days of the tenant moving out.
Landlords who fail to return the security deposit within 30 days of notice may be exposed to legal action in a court of law. In these court cases, the landlord may be held liable to pay a penalty for the security deposit.
It's important to note that landlords have the legal right to partially withhold the security deposit from their tenants in case that they withhold rent or leave damages to the property. If the landlord plans to withhold the deposit, they must send an itemized list of all the damages that the deposit is going to cover.
Finally, landlords are not required by landlord-tenant law to pay interest on security deposits.
Lease Termination and Eviction Clauses
A tenant can terminate a lease at the end of its period if they wish. According to landlord-tenant law, the tenant must give the landlord the following amounts of notice.
- Weekly Leases - Seven days of notice.
- Monthly Leases - 30 days of notice.
On the other hand, tenants can also request the lease termination before it ends for reasons such as an early termination clause, unacceptable living conditions, or domestic violence.
Changing to the landlord's side, they may choose to terminate the lease and send a written notice of eviction to their tenant for the following reasons:
- Unpaid rent/utilities - The landlord must send seven days' notice to pay or quit the premises.
- Breaches in the lease agreement - The landlord must send five days' notice to cure or quit the premises.
- Criminal activity - The landlord must send three days' notice to quit the premises.
Tenants in a fixed monthly lease have the right to receive at least 30 days of an eviction notice.
See our full guide on the eviction process and laws for Nevada.
If the Tenant Suffers from Any Harassment from Their Landlord, May the Tenant Terminate the Lease?
If the tenant feels a victim of landlord harassment or domestic violence, the landlord-tenant laws allow them to terminate a lease early and seek legal action immediately.
The Nevada Equal Rights Commission and the Fair Housing act protect the tenant from discriminatory behavior based on their color, race, nationality, religion, disability, and other factors.
Landlords' Right to Entry
Landlords must give 24 hours' notice before entering the rental. However, the provided notice can be increased to another reasonable time if the landlord and tenant agree.
Overall, the landlord-tenant laws specify everything that tenants and landlords must do to keep a legally healthy leasing relationship. Having a smooth lease term is always going to benefit both the landlord and tenant, so make sure that you keep these clauses in mind at all times.
If you have any specific doubts regarding the Nevada landlord-tenant law, we suggest that you seek legal advice.
Can the tenant display the American flag on the property?
Landlords must tell the tenants that they can display the American flag reasonably if they wish to do so.
Does the landlord have to disclose information about foreclosure to the tenant?
If the apartment is subject to foreclosure during the lease, landlords must disclose that information to their tenant.
Must the landlord disclose information about the use of lead paint on the property?
Landlords must disclose information regarding concentrations of lead paint if the apartment was built before 1978, as well as a copy of EPA's pamphlet.
Can the locks be changed on a property in Nevada?
According to landlord-tenant laws, if the tenant becomes a victim of domestic violence from another person, they may request the landlord to have the locks of the rental changed. However, there aren't any specific laws regarding the unilateral change of the rental locks (Except in the form of eviction, which is considered illegal).