Nevada Residential Lease Agreement

Introduction

A Nevada lease agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting residential property. The lease outlines essential details including rental cost, security deposit amount, lease duration, and the rights and responsibilities of both parties. This comprehensive guide covers all aspects of Nevada rental law, including required disclosures, security deposit regulations, rent payment terms, landlord entry rights, and lease termination procedures.

Required Disclosures

Nevada law requires landlords to provide specific disclosures to tenants before or at the time of signing a lease agreement. These disclosures ensure tenants are fully informed about the property and their rights.

Non-Refundable Fees

Any non-refundable fee that the tenant must pay must be clearly disclosed in the rental contract. This includes application fees, pet fees, cleaning fees, or any other charges that will not be returned to the tenant. ^[1]

Foreclosure Disclosure

If the rental property has foreclosure proceedings pending, the landlord must disclose this fact to prospective tenants before they sign the lease agreement. This disclosure protects tenants from unknowingly renting a property that may be subject to foreclosure during their tenancy. ^[2]

Lead-Based Paint Disclosure

For properties built before 1978, federal law requires landlords to provide tenants with a lead-based paint disclosure form and an EPA-approved pamphlet about lead paint hazards. The landlord must inform tenants of any known lead-based paint or lead-based paint hazards in the dwelling. ^[3]

Inventory and Condition of Premises (move-In Checklist)

The landlord must provide a signed list detailing the condition and inventory of the property at the start of the tenancy. Both the landlord and tenant should sign this document, which serves as a baseline for assessing any damage when the tenant moves out. This protects both parties by documenting the property's condition before occupancy. ^[4]

Nuisance and Violation Reporting Guide

The landlord must provide tenants with information on the proper steps for reporting any nuisance or violation on the premises to the appropriate government authorities. This ensures tenants know how to address issues such as building code violations, health hazards, or other problems that require official intervention. ^[5]

Right to Display the United States Flag

The landlord must inform tenants of their right to display the American flag on the rental premises. Landlords cannot prohibit tenants from displaying the U.S. flag, though reasonable restrictions on size, location, and manner of display may apply. ^[6]

Security Deposit Receipt (upon Request)

Upon the tenant's request, the landlord must provide a signed receipt for the security deposit. This receipt serves as proof of payment and documents the amount paid. ^[7]

Security Deposits

Nevada law regulates how landlords handle security deposits to protect both landlord and tenant interests.

Maximum Security Deposit Amount

Interest on Security Deposits

Nevada law does not require landlords to collect or pay interest on security deposits. Landlords are not obligated to place deposits in interest-bearing accounts or pay tenants any interest accrued on their security deposits.

Storage Requirements

Nevada law does not require landlords to maintain security deposits in separate bank accounts. Landlords may commingle security deposits with their other funds.

Returning the Security Deposit

Within 30 days of the lease termination, the landlord must return the security deposit, minus any lawful deductions, to the tenant. If the landlord withholds any portion of the security deposit, they must provide the tenant with an itemized written statement explaining the deductions. This statement must detail any unpaid rent, damage repair costs, or other authorized charges. ^[9]

Rent Payment Terms

Nevada law establishes specific requirements and limitations regarding rent payments, late fees, and related charges.

Grace Period for Late Fees

Maximum Late Fee

Returned Check (NSF) Fees

If a tenant's rent check is returned for insufficient funds (NSF), the landlord cannot charge more than $25 as a returned check fee. ^[12]

Withholding Rent for Lack of Essential Services

If the landlord is legally required to provide heat, hot water, or another essential service and fails to do so, the tenant may withhold rent. The tenant must first provide the landlord with 48 hours' written notice of the problem. If the landlord fails to remedy the situation within that time, the tenant may withhold rent until the service is restored. ^[13]

Repair and Deduct Remedy

If the landlord fails to comply with the rental agreement or maintain the unit in a habitable condition, the tenant has the right to pay for necessary repairs themselves and deduct the cost from their next rent payment. The deduction cannot exceed one month's rent. This remedy allows tenants to address urgent habitability issues when the landlord is unresponsive. ^[14]

Notice Required for Rent Increases

For month-to-month tenancies, landlords must provide at least 60 days' written notice before increasing the rent. However, for tenancies of less than one month duration, only 30 days' notice is required. ^[15]

Landlord's Right to Enter the Premises

Nevada law balances the landlord's need to access the property with the tenant's right to privacy and quiet enjoyment.

Standard Access Requirements

Landlords must provide tenants with at least 24 hours' advance written notice before entering the rental premises. Additionally, the landlord may only enter at reasonable times during normal business hours. Valid reasons for entry include making repairs, showing the property to prospective tenants or buyers, and inspecting the property. ^[16]

Emergency Access

In emergency situations, the landlord may enter the premises without notice or tenant consent. Emergencies include situations such as fire, flood, gas leak, or other circumstances that pose an immediate threat to the property or occupants' safety. ^[17]

Breaking a Lease

Nevada law provides specific procedures for terminating leases and addressing tenant violations.

Non-Payment of Rent

If a tenant fails to pay rent when due, the landlord may serve a 7-day notice to quit. This notice informs the tenant they must pay the outstanding rent balance within seven days or vacate the premises. If the tenant neither pays nor moves out, the landlord may proceed with formal eviction proceedings. ^[18]

Non-Compliance With Lease Terms

When a tenant breaches a condition of the rental agreement (other than non-payment of rent), the landlord may serve a 5-day notice to quit. This notice gives the tenant five days to either remedy the violation or vacate the property. If the tenant fails to comply, the landlord may begin eviction proceedings. ^[19]

Tenant's Failure to Maintain Utilities

If the tenant's failure to maintain essential utilities on the property constitutes noncompliance with the rental agreement or their basic obligations as a tenant, the landlord may deliver a 5-day notice to vacate. This addresses situations where the tenant allows utilities to be shut off, creating uninhabitable conditions. ^[20]

Tenant Maintenance Obligations

If a tenant fails to remedy basic maintenance or repair issues within 14 days of receiving written notice from the landlord, the landlord may arrange for the repairs to be completed and charge the tenant for the work performed. ^[21]

Prohibition on Self-Help Evictions (Lockouts)

Landlords are prohibited from changing the locks on a rental property without involving the sheriff or obtaining a court order. Self-help evictions, including lockouts, are illegal in Nevada. Landlords must follow proper legal eviction procedures. ^[22]

Tenant Abandonment

If a tenant has been unexpectedly absent from the rental unit for a period equal to one-half the time between periodic rental payments (typically 15 days for monthly rent), and the tenant is behind on rent, the landlord may presume the tenant has abandoned the property. This presumption allows the landlord to take steps to regain possession. ^[23]

Tenant's Right to Break the Lease Early

Nevada law allows tenants to terminate a lease early under specific circumstances:

Medical Necessity: If a Physical or Mental Health Condition Requires the Tenant to Relocate to Receive Treatment, the Tenant May Terminate the Lease Early. ^[24]

Domestic Violence or Safety Concerns: If the Tenant Is a Victim of Domestic Violence, Harassment, Sexual Assault, or Stalking, They Have the Right to Terminate the Lease to Protect Their Safety. ^[25]

Tenant Liability for Early Termination

A tenant who abandons the premises or breaks the lease before the end of the lease term without qualifying legal justification remains liable for the remaining rental payments. However, the landlord has a legal duty to make reasonable efforts to re-rent the unit to another tenant to mitigate damages. The original tenant is only liable for rent until a new tenant is found or until the original lease term ends, whichever comes first. ^[26]

Lease Termination

Nevada law specifies the notice requirements and procedures for ending rental agreements.

Terminating a Month-To-Month Tenancy

Either the landlord or tenant may terminate a month-to-month tenancy by providing at least 30 days' written notice. The notice must be served at least 30 days before the end of a rental period. Note that if the tenant is 60 years of age or older, the landlord must provide 60 days' notice instead of 30 days. ^[27]

Unclaimed Personal Property

When a tenant vacates the property and leaves personal belongings behind, the landlord must store the abandoned property for at least 30 days. The landlord must notify the tenant in writing of the abandoned property and may only dispose of it after 14 days from when the notice was sent. The tenant is responsible for any reasonable storage costs incurred by the landlord. ^[28]