Like all states, Nevada has its own laws governing the landlord-tenant relationship.
Typically, these laws define which types of discrimination are prohibited and the amount of a security deposit a landlord may require.
Below is an overview of the landlord-tenant laws in Nevada.
Nevada Security Deposit Limit and Return
Typically, a landlord collects security deposits from tenants. Under Nevada rental law, the landlord must disclose certain information to tenants. State laws in Nevada for security deposits dictate that:
- Landlords cannot charge a non-refundable security deposit. The only exception is the cleaning fee. Even then, it should be clearly spelled out in the lease agreement.
- In Nevada, the type of rental property determines what can be charged as security deposit. For public housing, landlords can charge a maximum of one month’s rent. For private housing, they can charge a maximum of three month’s rent. And for Section 8 Project-Based Housing
, they can only charge $50 or a maximum of one month’s rent, whichever is higher.
- Renters may use a surety bond to act as their security deposit. The Nevada lease laws, however, do not compel the tenant to purchase the bond or the landlord to accept it.
- In Nevada, landlords may be able to keep a portion or all of the renter’s security deposit under three conditions: (1) if there’s unusual wear and tear; (2) to cover unpaid rent; and (3) to cover cleaning fees.
- The landlord is only required to provide a written notice after receipt of the security deposit if the tenant requests it. The tenant can withhold rental payments until a signed written lease is issued.
- In case the ownership of the property is transferred, the landlord is required to do one of two things: (1) return the security deposit or surety bond; or (2) notify the renter in writing that their security deposit has been transferred to the new owner.
Required Landlord Disclosures in Nevada
- The name and address of the owner or agent identity.
Agent identities may include the person authorized to act for and on behalf of the owner, or the principal or corporate owner of the premises.
- Move-in checklist.
The Nevada landlord-tenant rental agreement must include a signed record of the condition and inventory of the premises.
- The purpose of all nonrefundable fees or deposits.
This must be stated clearly in writing.
- All information regarding nuisance.
- All information on the tenant’s rights to fly the U.S. flag in Nevada.
- Information regarding foreclosures.
The landlord must disclose to tenants, in writing, whether the rental property is subject to any foreclosures.
Small claims lawsuit in Nevada
Small claims courts, also known as “Peoples Court,” is a court of limited jurisdiction. In Nevada, renters can sue landlords in small claims courts for the return of their deposit up to $10,000.
A small court offers an informal, swift and inexpensive way to resolve many types of disputes involving particular individuals and companies. For more information, see the provisions on Nevada small claims lawsuit
s.
Nevada’s Renters Rights to Withhold Rent
Landlords must keep their rental property
in a habitable condition. If they fail to do so, tenants have the right to exercise the right to “repair and deduct” or withhold rent.
Unless the lease specifies otherwise, the landlord must provide certain essential services or items. For example, they should provide a functioning door lock, gas, electricity, hot water, running water, air-conditioning, heat and the like.
Aside from withholding rent, tenants may also:
- Obtain their own essential services and deduct the costs from the rent.
- Sue the landlord.
- Obtain other housing until the issue is taken care of.
Nevada Late Fees and Other Rent Rules
In Nevada, there are rules for nonpayment of rent and late fees. The rental agreement should spell out the landlord’s key rules. These include:
- The rent amount
- How rent should be paid
- When rent is due
- The consequences of paying rent late
- The amount of any extra fee if the rent check bounces
- The amount of notice landlords must provide should the rent increase
Further information on Nevada’s rent-related rules can be found in:
- Nevada laws on termination for nonpayment of rent ( Rev. Stat. Ann. § 40.251)
- State rent rules and procedures on issues such as raising the rent ( Rev. Stat. Ann. §§ 118A.210, 118A.200(3)(g)(4)(c), 40.251, and 118A.300.)
- Nevada law on service fees for bounced checks ( Rev. Stat. Ann. § 597.960.)
Nevada Termination and Eviction Rules
The Nevada rental laws have explicit provisions for terminating a tenancy. For instance, a landlord cannot file an eviction lawsuit against the renters without legally terminating the tenancy first. This means serving the renter with a written notice, as specified under Nevada’s landlord-tenant statute.
Different types of termination notices and procedures are available depending on the situation. Notices of termination with cause include:
Tenant Protection against Retaliation, Landlord Access to Rental Property, and Other State Laws in Nevada
Other laws that affect the landlord-tenant relationship include:
- Fair housing rights.
The Federal Fair Housing Act, as amended by Congress in 1988, prohibits discrimination in making provisions for housing and housing-related services. Landlords cannot discriminate based on national origin, disability, religion, race color, familial status and sex.
- Procedures for how landlords must handle a renter’s abandoned property
- Tenant protections against landlord retaliation due to the tenant exercising their rights. For example, landlords shouldn’t retaliate against the renters on the grounds of:
- Becoming a member of a tenant’s union or similar organization
- Complaining in good faith about a violation to a government agency
- Refusing to give a written consent to a regulation adopted by the landlord after the renting of property by the tenant
- Suing the landlord for habitability issues
- Restrictions on the landlord’s right to access rental property
Federal Nevada Landlord-Tenant Laws and Regulations
Aside from Nevada’s state laws, the U.S.’s federal laws also dictate the legal relationship between landlord and tenant.
Some of these laws include the ones provided by the U.S Environmental Protection Agency and The U.S. Department of Housing and Urban Development.
Local Ordinances Affecting Nevada Landlords and Tenants
Cities and counties often have ordinances on anti-discrimination, nuisance, and health and safety. Most of these local ordinances can be found online. Good online sources include Municode and statelocalgov.net. Additionally, information can be found in the office of the county or city manager, or the local public library.
Landlords and tenants have rights and responsibilities under the contracted Nevada rental agreement. If either party fails to meet their responsibilities under the lease, then the other may take specific steps to enforce their rights.
(Disclaimer: This article is meant to be informational, and should not be construed as a substitute for legal advice provided by a licensed attorn
