Overview of Landlord-Tenant Laws in Nevada

Nevada laws govern much of the landlord-tenant relationship, including security deposits, late rent, and evictions. Here's a breakdown of key laws that affect nearly all Nevada landlords and tenants.

Nevada Rental Application and Tenant Screening Laws

Nevada law regulates very little of the tenant application and screening process.

Application Fees

There is no law in Nevada that prohibits landlords from charging an application fee.

Tenant Screening Reports

A tenant screening report is a credit report, criminal background report, employment history report, or rental history report that a landlord uses to determine whether an applicant would be an acceptable tenant. Nevada landlords are free to charge reasonable amounts for tenant screening reports.

Criminal History Screening

Nevada does not have a state law prohibiting landlords from considering applicants' criminal histories. However, landlords must still be careful. When landlords consider applicants' criminal history, they must do so in a consistent, nondiscriminatory manner. If a landlord's practice of considering criminal history has a discriminatory effect—for example, if the landlord asks only applicants of a certain color for criminal history information—the landlord is engaging in illegal discrimination and can be subject to penalties. Also, landlords can reject applicants only for past convictions that are directly related to the application—in other words, convictions that have a negative bearing on a legitimate business concern of the landlord.

Fair Housing Laws

All landlords need to follow federal and state antidiscrimination laws when screening applicants for a rental. Federal fair housing laws prohibit landlords from discriminating on the basis of:

• race or color
• religion
• national origin
• familial status or age (includes families with children under the age of 18 and pregnant women)
• disability or handicap, and
• sex (includes gender identity and sexual orientation).

Nevada's fair housing law mirrors the categories protected under the federal fair housing laws. (Nev. Rev. Stat. § 118.020 (2024).)

For more information about Nevada's fair housing laws, visit the website of the Silver State Fair Housing Council.

Nevada Security Deposit Laws

Nevada landlords can't charge more than three months' rent for a security deposit. (Nev. Rev. Stat. § 118A.242(1) (2024).)

Inventory of the Rental

Written leases and rental agreements must contain a signed record of the inventory and condition of the rental. (Nev. Rev. Stat. § 118A.200(3)(k) (2024).) Both the tenant and the landlord can use this as a record of the condition of the rental for purposes of returning the security deposit at the end of the tenancy.

Bonds in Lieu of Security Deposits

If the landlord agrees, a tenant can purchase a surety bond to take the place of a security deposit. Landlords aren't required to accept surety bonds, though, nor can they require tenants to get a surety bond. (Nev. Rev. Stat. § 118A.242(2) (2024).)

Receipts for Security Deposits

When requested by the tenant, the landlord must provide the tenant with a written receipt for the security deposit or surety bond. Tenants can refuse to pay rent until the landlord gives the tenant a receipt. (Nev. Rev. Stat. § 118A.250 (2024).)

The lease or rental agreement must also make clear how much the landlord is charging for a security deposit and lay out the conditions for the return of the security deposit. (Nev. Rev. Stat. § 118A.200(3)(f) (2024).)

Security Deposit Return

The landlord must provide the tenant with an itemized written accounting of any deductions being taken from the security deposit no later than 30 days after the tenancy ends. The notice must be accompanied by the remaining security deposit, if any. If there are no deductions, the landlord must return the security deposit in full within 30 days of the end of the tenancy.

If the tenant has purchased a surety bond and disputes the landlord's accounting, the tenant can send a written response disputing the item to the surety. As long as the dispute notice is sent within 30 days of receiving the accounting, the surety can't report the claim of the landlord to a credit reporting agency unless the surety obtains a judgment against the tenant.

When a landlord fails to return the security deposit within 30 days of the end of the tenancy, the landlord is liable to the tenant for damages:

• equal to the amount of the security deposit, and
• an amount to be decided by the court of not more than the entire security deposit.

(Nev. Rev. Stat. § 118A.242 (2024).)

Required Landlord Disclosures in Nevada

In many states, landlords must disclose specific information to tenants and potential tenants. Nevada landlords must disclose information about:

• Required disclosures in written leases and rental agreements: Leases and rental agreements must contain information about:
  • the length of the agreement
  • how much rent will be charged and how and when it must be paid
  • occupancy by children or pets
  • services included with the rental
  • required fees and why they're required
  • required deposits and the conditions for their refund
  • late fees and returned check fees
  • the landlord's inspection rights
  • who is permitted to live in the rental
  • the responsibilities of the landlord and tenant as to the payment of utilities
  • a signed record of the inventory and condition of the rental
  • Nevada nuisance laws, including how tenants can report nuisances
  • how to report a violation of a building, safety, or health code or regulation; and
  • the tenant's right to display the U.S. flag.

(Nev. Rev. Stat. § 118A.200 (2024).)

• Foreclosure proceedings: Landlords must disclose to prospective tenants, in writing, whether the rental is the subject of foreclosure. (Nev. Rev. Stat. § 118A.275 (2024).)
• Landlord agent signatures: In single-family rentals only, unless the lease is signed by an authorized agent of the landlord who holds a current property management permit, the top of the first page of the lease must state that the tenant might not have valid occupancy unless the lease is notarized or signed by an authorized agent of the owner who holds a management permit. The notice must be in a font that is at least twice the size of any other size in the agreement, must give the current address and phone number of the landlord, and must state that the agreement is enforceable against the landlord and the tenant even if it doesn't strictly comply with certain parts of the law. (Nev. Rev. Stat. § 118A.200(4) (2024).)

In addition, landlords in all states must follow federal lead-based paint disclosure rules.

Nevada Late Fees and Other Rent Rules

In Nevada, rent is due on whatever day the landlord and tenant agree to. (Nev. Rev. Stat. § 118A.210 (2024).)

Grace Periods and Late Fees

Landlords can't charge a late fee until at least three calendar days after the rent due date.

The late fee must be reasonable. It can't be more than 5% of the amount of rent, and it can't be increased based on another late fee previously imposed.

(Nev. Rev. Stat. § 118A.210 (2024).)

Rent Increases

Nevada landlords can't raise the rent during the term of a lease unless the lease specifically allows them to do so.

For month-to-month tenancies, landlords must provide 60 days' written notice to raise the rent. (Nev. Rev. Stat. § 118A.300 (2024).)

Nevada Landlords Must Provide Habitable Rentals

Like landlords in all states, Nevada landlords must provide rentals that are safe and fit for human habitation. Specifically, in Nevada, a rental isn't considered habitable if it lacks:

• effective waterproofing and weather protection of the roof and exterior walls, including windows and doors
• plumbing facilities that conform to law and are in good working order
• a water supply that produces hot and cold running water and is connected to an approved sewage disposal system
• adequate heating
• electrical lighting, outlets, wiring, and electrical equipment that are in good working order
• garbage receptacles
• clean grounds free of debris, filth, rubbish, garbage, rodents, insects, and vermin
• floors, walls, ceilings, stairways, and railings in good repair
• ventilating, air-conditioning, and other facilities and appliances (including elevators) maintained in good repair.

(Nev. Rev. Stat. § 118A.290 (2024).)

Tenant Remedies in Nevada

A tenant's remedies when a landlord doesn't perform their duties depend on the severity of the problem.

When the Landlord Fails to Fix Conditions That Make the Rental Uninhabitable

If a landlord fails to supply heat, air-conditioning, running water, hot water, electricity, gas, functioning door locks, or other essential items, and this causes the rental to become unfit to live in, the tenant must give the landlord written notice of the issue. If the landlord doesn't fix the problem or use their best efforts to remedy it within 48 hours (except on a Saturday, Sunday, or legal holiday), the tenant can:

• fix the problem and deduct the cost from the rent
• sue and recover damages based on the inability to use the rental
• withhold rent during the time the problem isn't fixed (until the landlord makes a good-faith attempt to fix it), or
• move out to comparable temporary housing and not pay rent during this time.

The tenant can't withhold rent if they're not current with rent payments. (Nev. Rev. Stat. § 118A.380 (2024).)

If the Cost of Repair Is Less Than $100

When the habitability problem can be fixed for the greater of $100 or one month's rent, the tenant can recover damages or notify the landlord of the tenant's intent to fix the problem at the landlord's expense. If the landlord fails to use their best efforts to fix the problem within 14 days of receiving the notice, the tenant can have the work done and charge the landlord for it. The tenant must give the landlord an itemized statement for the work. (Nev. Rev. Stat. § 118A.360 (2024).)

When the Landlord Fails to Comply With the Lease

When the landlord fails to comply with the terms of the lease or rental agreement (in ways that don't make the rental uninhabitable), the tenant must deliver a written notice to the landlord describing the breach and letting the landlord know that the tenant is going to end the tenancy. If the breach is fixable and the landlord uses their best efforts to fix it within 14 days, the tenancy won't terminate. But if the landlord fails to fix the problem or make a reasonable effort to fix it, the tenant can:

• end the tenancy immediately
• sue for damages, and
• sue for any other relief that the court believes is proper.

(Nev. Rev. Stat. § 118A.350 (2024).)

Small Claims Lawsuits in Nevada

If you find yourself in a battle over a security deposit or repairs, small claims court is a good place to bring your grievance. Small claims courts in Nevada can hear cases in which the plaintiff—the person suing—isn't asking for more than $10,000.

Small claims court procedures tend to be simpler than those of regular courts, and although Nevada allows parties to have lawyers, many people represent themselves.

Nevada Termination and Eviction Rules

Nevada landlords must follow very specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit (called an "unlawful detainer" lawsuit in Nevada).

Notice of Termination for Cause

A landlord who wants to evict a tenant in Nevada before the lease or rental agreement has expired must have cause—in other words, a legally valid reason to terminate the tenancy. Common reasons for terminating a tenancy in Nevada include failing to pay rent or violating the lease or rental agreement.

Nevada allows two types of evictions: summary eviction and formal eviction. Summary eviction typically is faster and more straightforward than formal eviction, but doesn't allow the landlord to get money from the tenant (for example, for unpaid rent or damage to the rental) during the process. Summary eviction also differs from many other states' eviction processes in that it requires the tenant to make the first filing with the court. For a detailed explanation of the differences between summary eviction and formal eviction, along with the pros and cons of each, check out the Civil Law Self-Help Center's website.

When a landlord wants a tenant to leave for cause, the landlord must first terminate the tenancy. This is done by giving the tenant notice. The type of notice depends on the situation.

• 7-day notice to pay rent or quit: When a tenant fails to pay the rent on the date it's due, the landlord can give the tenant a 7-day notice to pay rent or quit (move out). If the tenant doesn't pay the rent or move out by the seventh day, the landlord can file an eviction lawsuit. (Nev. Rev. Stat. §§ 2512, 40.253 (2024).)
• 5-day notice to cure or quit: When a tenant violates the lease and the problem can be remedied, the landlord can give the tenant a 5-day notice to cure (fix the problem) or quit (move out). If the tenant doesn't fix the problem or move out by the end of the five days, the landlord can file an eviction lawsuit. (Nev. Rev. Stat. § 40.2516 (2024).)
• Unconditional 3-day notice: Landlords can send tenants a 3-day notice to move out—without the opportunity to cure the problem—when the tenant:
  • assigns or sublets the rental in violation of the lease
  • causes substantial damage to the property
  • causes injury or damage to other tenants or occupants of the property or adjacent buildings or structures, or
  • possesses illegal drugs for sale, manufacture, or distribution.

If the tenant doesn't move out by the end of the three days, the landlord can file an eviction lawsuit. (Nev. Rev. Stat. § 40.2514 (2024).)

• Unconditional notice: When a tenant violates a lease term and the violation can't be fixed, the landlord can send a notice telling the tenant to move out immediately—no notice needs to be given. (Nev. Rev. Stat. § 40.2516 (2024).)

Notice of Termination Without Cause

The process for ending a tenancy without cause depends on the type of tenancy. Here's what needs to happen for month-to-month tenancies and long-term tenancies.

Ending a Month-to-Month Tenancy Without Cause

If the tenant has a written month-to-month rental agreement, and the landlord wants the tenant to move out but doesn't have cause to end the tenancy, the landlord must give the tenant a 30-day notice to vacate. The notice must inform the tenant that the tenancy is ending in 30 days and that the tenant must move out by this date. If the tenant doesn't move out by the deadline in the notice, the landlord can file an eviction lawsuit. (Nev. Rev. Stat. § 40.251(1) (2024).)

Tenants who are 60 years of age or older, or who have a physical or mental disability, can request to be allowed to stay in the rental for an additional 30 days. They must submit a written request to the landlord and provide proof of their age or disability. (Nev. Rev. Stat. § 40.251(2) (2024).)

Ending a Tenancy With a Long-Term Lease Without Cause

When a landlord wishes to end a fixed-term lease but doesn't have cause to evict the tenant, the landlord has to wait until the lease has expired before expecting the tenant to move. The landlord isn't required to give the tenant notice of the approaching end of the tenancy unless the terms of the lease require it.

Tenant Defenses to Eviction

Even though a landlord might have a valid reason to evict a tenant, the tenant can still choose to fight the eviction. For example, the tenant could claim that the eviction is the result of the landlord illegally discriminating, or is in retaliation for the tenant exercising a legal right.

Nevada law also allows special protections for tenants who have experienced family violence or sexual assault. Some of these protections might provide a tenant with a defense against eviction. (Nev. Rev. Stat. §§ 118A.345, 118A.347, 118A.510 (2024).)

A tenant's decision to fight the eviction could increase the costs of the eviction, and it could result in the tenant having more time to remain in the rental. For these reasons, it's often in the best interests of both the tenant and the landlord to try to negotiate a compromise rather than head to court. Mediation is a common way for landlords and tenants to work issues out—check to see if your community has a low-cost or free housing mediation program.

Low-income tenants can contact Nevada Legal Services' Tenants' Rights Center for assistance in defending against an eviction.

Illegal Evictions

Under Nevada law, landlords can't take self-help measures to evict a tenant. For example, a landlord can't remove the tenant from the rental, block or attempt to block the tenant's access, or willfully interrupt or cause to be interrupted essential services in an effort to get the tenant to move out.

When a landlord illegally evicts a tenant, the tenant has the right to move back in or decide to terminate the tenancy. In addition, the tenant can sue to recover any damages they might have incurred from the lockout along with possibly up to $2,500. The landlord might also be responsible for paying the tenant's court costs and attorneys' fees. (Nev. Rev. Stat. § 118A.390 (2024).)

Nevada Rules About Landlords' Access to Property

Landlords can always enter a rental with the tenant's consent or when there's a reasonable belief that there's imminent danger to lives or property. Otherwise, under Nevada law, tenants are required to not unreasonably withhold consent for their landlord to enter their rental to:

• inspect
• make necessary or agreed-upon repairs, decorating, alterations, or improvements
• supply necessary or agreed-upon services; or
• show the rental to prospective or actual purchasers, mortgagees, tenants, workers, contractors, or other people who have a bona fide interest in inspecting the rental.

Except in cases of emergency, landlords must give tenants at least 24 hours' notice, and can enter only at reasonable times during normal business hours. Tenants can consent to entry at other times. (Nev. Rev. Stat. § 118A.330 (2024).)

Where to Find Nevada Landlord-Tenant Laws

If you want to read the text of a law itself, visit the Nevada state legislature's website.

Local Ordinances Affecting Nevada Landlords and Tenants

Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and anti-discrimination rules that affect landlords and tenants. Many municipalities have websites—just search for the name of a particular city in Nevada and then search when you're on the site.

Municode is a good source for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Nevada.

Federal Landlord-Tenant Laws and Regulations

Congress and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have enacted laws and regulations that apply to the landlord-tenant relationship in Nevada. These laws and regulations address topics such as discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.

The U.S. Code is the starting place for most federal statutory research. It consists of 53 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations ("CFR"). To access the U.S. Code and Code of Federal Regulations online, see the federal section of the Library of Congress's legal research site.

Nolo Resources on Legal Research and Landlord-Tenant Law

For more information on legal research, check out Legal Research: How to Find & Understand the Law, by Stephen Elias (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.

You'll also find a wealth of information in Nolo's landlord-tenant books.

For landlords:

• Every Landlord's Guide to Finding Great Tenants
• Every Landlord's Legal Guide
• Leases & Rental Agreements
• Every Landlord's Tax Deduction Guide
• First-Time Landlord
• Every Landlord's Guide to Managing Property

For tenants:

• Renters' Rights
• Every Tenant's Legal Guide