Nevada

A Nevada lease agreement is a legally binding rental contract between a landlord and a tenant, crafted in accordance with Nevada’s landlord-tenant laws. In this agreement, the property owner commits to renting all or a portion of their property to a tenant for a specified fee, while the tenant agrees to make timely payments. Both parties are obligated to adhere to the terms and conditions outlined in the lease.

SimpleBasicLease_Nevada

SimpleBasicLease_Nevada

Rental Lease Laws Overview

  • Rent Control: There are no rent control laws in Nevada.
  • Limit on Late Fees: Yes, late fees must be reasonable and disclosed in the lease agreement.
  • Late Fees in Rental Agreement: Late fees must be included in the rental agreement.
  • Grace Period: A grace period is provided for late rent payments.
  • License Required for Landlord: No license is required for landlords in Nevada.

A rental application is mandatory for tenants to assess their eligibility.

Required Lease Disclosures

According to the Nevada Revised Statutes, landlords must provide specific disclosures in lease agreements:

  • Fees: Landlords must specify if any fee is nonrefundable and provide a moving checklist to document existing damage before a tenant moves in.
  • Foreclosure: Landlords must notify tenants if there is a pending foreclosure on the property.
  • USA Flag (Right to Raise): Landlords must inform tenants of their right to display an American flag on their property.
  • Disclosure of Lead-Based Hazards: If the property was built before 1978, landlords must notify tenants about the potential presence of lead-based paint.

Security Deposit

The Nevada Revised Statutes outline the following regulations regarding security deposits:

  • Maximum Amount: Landlords can charge up to three months’ rent for unfurnished units and four months’ rent for furnished units.
  • Receipts: Landlords must provide a receipt for any security deposit payment if requested by the tenant.
  • Interest Payments: Landlords are not required to deposit security deposits in an interest-bearing account or pay interest on them.
  • Bank Account: There is no requirement for landlords to maintain security deposits in a separate interest-bearing account.
  • Returning Requirements: Landlords must return the security deposit within 30 days after the tenant moves out. If deductions are made for damages, an itemized statement of repairs and damages must be provided along with the remaining deposit within this timeframe.
  • Withholding Rules: Landlords can deduct from the security deposit for tenant-caused damages, provided they offer an itemized statement of repairs and damages.

Rent Payments

  • Laws: Rent is due on the first of each month unless otherwise specified in the lease.
  • Rent Control: There are no limits on how much a landlord can increase rent.
  • Late Fees and Grace Period: While there is no specified maximum for late fees, they must be reasonable and disclosed in the lease. A 7-day notice to pay or quit is required before eviction proceedings can begin if rent remains unpaid.
  • Withholding Rent: Tenants may withhold rent if the landlord fails to address habitability issues after a 14-day notice. If the landlord does not resolve the issue, tenants may terminate the lease and seek damages. Rent can also be withheld without notice if a government agency has notified the landlord of the issue and no action has been taken.

Landlord Right of Entry

  • Notice Requirements: Landlords must provide at least 24 hours’ advance notice before entering the rental property, except in emergencies.
  • Keys, Locks, and Security: Landlords cannot change locks to evict tenants, but there are no specific rules regarding other lock changes.

Property Repairs

  • Landlord Responsibilities: Landlords are required to keep rental properties habitable, address repairs promptly, and maintain essential services such as heat, water, and electricity. They must also ensure that the property complies with health and safety codes.
  • Tenant Repairs: Tenants are responsible for keeping the rental clean, using fixtures properly, adhering to health and safety codes, avoiding damage, and promptly notifying landlords of necessary repairs.
  • Abandonment: Landlords must attempt to re-rent the property if a tenant abandons it. There is no defined absentee period for abandonment, and landlords must provide a 10-day notice for unpaid utilities before taking action.

Terminating a Lease

  • Month-to-Month Tenancy: Either party can terminate a month-to-month tenancy by providing written notice at least 30 days before the next rent payment is due.
  • Unclaimed Property: If a tenant leaves personal property behind after moving out, the landlord must notify the tenant in writing and allow a reasonable time for the tenant to claim it. If the property is not retrieved within the specified period, the landlord may dispose of it according to state law.

Statutes

  • Nev. Rev. Stat. § 118.175 – Liability of tenant
  • Nev. Rev. Stat. § 118A.200 – Rental agreements: Signing; copies; required provisions; disputable presumptions; use of nonconforming agreement unlawful
  • Nev. Rev. Stat. § 118A.242 – Security deposit: Limitation on amount or value; surety bond in lieu of security deposit; duties and liability of landlord; damages; disputing itemized accounting of security deposit; prohibited provisions
  • Nev. Rev. Stat. § 118A.242(8) – Security deposit: Limitation on amount or value; surety bond in lieu of security deposit; duties and liability of landlord; damages; disputing itemized accounting of security deposit; prohibited provisions
  • Nev. Rev. Stat. § 118A.242(4)(5) – Security deposit: Limitation on amount or value; surety bond in lieu of security deposit; duties and liability of landlord; damages; disputing itemized accounting of security deposit; prohibited provisions
  • Nev. Rev. Stat. § 118A.300 – Advance notice of increase of rent
  • Nev. Rev. Stat. § 118A.325 – Right of tenant to display flag of the United States in certain areas; conditions and limitations on exercise of right
  • Nev. Rev. Stat. § 118A.345 – Right of tenant or cotenant to terminate lease due to domestic violence, harassment, sexual assault or stalking
  • Nev. Rev. Stat. § 118A.355 – Failure of landlord to maintain dwelling unit in habitable condition
  • Nev. Rev. Stat. § 118A.330 – Landlord’s access to dwelling unit
  • Nev. Rev. Stat. § 118A.390 – Unlawful removal or exclusion of tenant or willful interruption of essential items or services; procedure for expedited relief
  • Nev. Rev. Stat. § 118A.510 – Retaliatory conduct by landlord against tenant prohibited; remedies; exceptions
  • Nev. Rev. Stat. § 202.470 – Maintaining or permitting nuisance: Penalty
  • Nev. Rev. Stat. § 40.251 – Unlawful detainer: Possession of property leased for indefinite time after notice to surrender; older person or person with a disability entitled to extension of period of possession upon request; federal worker, tribal worker, state worker or household member of such worker may request extension of period of possession
  • Nev. Rev. Stat. § 40.2512 – Unlawful detainer: Possession after default in payment of rent; exception
  • Nev. Rev. Stat. § 40.2514 – Unlawful detainer: Assignment or subletting contrary to lease; waste; unlawful business; nuisance; violations of controlled substances laws
  • Nev. Rev. Stat. § 40.2516 – Unlawful detainer: Possession after failure to perform conditions of lease; saving lease from forfeiture; recovery of possession following unlawful detainer

FAQs

In Nevada, landlords can charge a maximum security deposit of three months’ rent for unfurnished units and four months’ rent for furnished units. The security deposit must be returned within 30 days after the tenant moves out, along with an itemized statement of any deductions for damages.

Tenants in Nevada can withhold rent if the landlord fails to address habitability issues after providing a 14-day notice. If the landlord does not resolve the problem, tenants may terminate the lease and seek damages. Rent can also be withheld without notice if a government agency has notified the landlord of the issue.

In Nevada, landlords must provide at least 24 hours’ advance notice to tenants before entering the rental property, except in emergencies. This ensures tenants are aware of the landlord’s intention to enter their home.

No, Nevada does not have rent control laws, meaning landlords can increase rent without any legal limits. This allows for flexibility in rental pricing but may lead to significant rent increases.

Landlords in Nevada must disclose several important details in lease agreements, including whether any fees are nonrefundable, if there is a pending foreclosure on the property, and the tenant’s right to display an American flag. Additionally, they must inform tenants about lead-based hazards if the property was built before 1978.

If a tenant leaves personal property behind after moving out, the landlord must notify the tenant in writing and provide a reasonable time frame to claim the items. If the tenant does not retrieve the property within that period, the landlord can dispose of it according to state law.

Nevada law does not specify a maximum amount for late fees, but they must be reasonable and disclosed in the lease agreement. Landlords can impose late fees if rent is overdue, provided they give a 7-day notice to pay or quit before starting eviction proceedings.