What types of rental accommodations are covered by legislation governing residential tenancies in Nevada?
Nevada's Residential Landlord and Tenant Act applies to, regulates and determines rights, obligations and remedies under a rental agreement for a dwelling unit or premises located within the state.
What types of rental accommodations are NOT covered by this legislation?
The following rental arrangements are not covered by the Act:
(a) Rental of mobile home park lots which are subject to the provisions of Chapter 118B of the Nevada Revised Statutes;
(b) Low-rent housing programs operated by public housing authorities;
(c) Persons who own and personally manage 4 or fewer dwelling units (except for certain provisions of the Act which do apply);
(d) Residence in a public or private institution, incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service;
(e) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or his successor in interest;
(f) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
(g) Residence in a hotel or motel for less than 30 consecutive days unless the occupant clearly intends to remain for a longer continuous period;
(h) Occupancy by an employee of a landlord whose right to occupy the premises is solely conditional upon employment in or about the premises;
(i) Occupancy by an owner of a condominium unit or by a holder of a proprietary lease in a cooperative apartment;
(j) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.
Is it necessary to have a written lease or rental agreement?
A written lease is not required, however, the Act does state that the absence of a written agreement raises a disputable presumption that:
(a) there are no restrictions on occupancy by children or pets;
(b) maintenance and waste removal services are provided without charge to the tenant;
(c) the tenant will not be charged for partial or late rent payments or for dishonored checks; and
(d) other than normal wear, the premises will be returned in the same condition as when the tenancy began.
What about a signed move-in move-out inspection report?
A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.
Can the landlord charge a deposit?
Yes, the landlord has the right to charge a security deposit, but the security paid, including the last month's rent, may not exceed 3 months' rent. At the end of the tenancy, the landlord may only make deductions for unpaid rent, to repair damages to the premises other than normal wear and tear, and to pay the reasonable costs of cleaning the premises, if required. The landlord must provide the tenant with an itemized accounting of any deductions made, and return any remaining balance of the security deposit to the tenant no later than 30 days after the termination of the tenancy.
When is the landlord allowed to increase the rent?
If the lease is for a fixed term, such as 1 year, the rent generally cannot be increased until the end of the lease period, unless the lease has a specific provision for rental increases. In a month-to-month tenancy, the landlord must give the tenant 45 days' written notice prior to a rent increase. For tenancies of less than 1 month (such as a week-to-week tenancy), the landlord must give 15 days' advance written notice.
How can a rental agreement be terminated?
If the tenancy is for a fixed term, such as 1 year, the agreement automatically expires at the end of the lease term and usually cannot be terminated earlier unless the lease provides for it. If the tenancy is month-to-month or week-to-week, either party can end the tenancy by giving the other party written notice at least 1 rental period (month or week, as the case may be) prior to the termination date set out in the notice.
When is the landlord permitted to enter the premises?
The landlord has the right to enter the unit, on at least 24 hours' prior notice, to inspect, make necessary repairs or improvements, supply necessary services, or show the unit to prospective tenants, purchasers, mortgagees or contractors. The tenant cannot unreasonably withhold consent for the landlord to enter for any of these reasons. In case of emergency, the landlord may enter without the consent of the tenant. The landlord must enter only at reasonable times during normal business hours, unless the tenant expressly consents to shorter notice or to entry during non-business hours.
On what grounds can a landlord evict a tenant?
A landlord can evict a tenant for the following reasons:
(a) nonpayment of rent;
(b) nonpayment of utility charges, if applicable;
(c) failure to comply with the tenant's obligations under the lease and under the law;
(d) failure to comply with the landlord's rules or regulations;
(e) breach of a provision of the lease;
(f) condemnation of the rental unit;
(g) holding over after the expiration of the rental term.
The landlord must first serve the tenant with proper notice as prescribed by the law. If the tenant does not either move out or cure the default within the allotted time, the landlord can commence an eviction action (an action for possession).
A landlord cannot physically remove a tenant, lock the tenant out, reduce or cut off utilities or essential services in an attempt to force the tenant out. The landlord also cannot seize the tenant's property to cover outstanding rent. The landlord must go to court and start eviction proceedings against the tenant in order to recover possession of the rental premises.
A landlord cannot increase rent, threaten eviction, cut off or reduce services as retaliation against a tenant for complaining to the landlord or to a government agency with respect to the condition of the premises, for organizing or joining a tenants' association, or otherwise availing him/herself of any other lawful rights and remedies.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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