Staying current with the latest Nevada landlord laws is crucial for anyone in property management. With new Nevada landlord laws in 2024, tenants and landlords need a clear understanding of their rights and responsibilities.
This article breaks down the essentials and gains insights into landlord-tenant law—what is expected from landlords and what renters are responsible for. Understanding these details can save time, prevent legal issues, and ensure a solid foundation for everyone involved.
Renter’s Rights for Repairs in Nevada
Tenants may live in a properly maintained home. If repairs are needed, they should inform their landlord about the issues through formal communication channels.
NRS 118A.360 outlines the procedures and limitations when a landlord cannot comply with a rental agreement or maintain a dwelling unit in a habitable condition, provided that compliance costs are within a specific limit. Here’s a simplified summary:
Tenant’s Options for Non-Compliance
- If the landlord cannot meet the terms of the rental agreement or maintain the dwelling in a habitable condition;
- If the reasonable cost of compliance or repair is less than $100 or equal to one month’s rent (whichever is greater);
- The tenant can either seek damages for the breach or notify the landlord of the intent to correct the issue at the landlord’s expense.
- The landlord has 14 days to make an effort to comply after receiving written notice from the tenant (or more promptly in emergencies).
- If the landlord cannot act, the tenant can do the work professionally.
Tenant’s Deduction from Rent
- After completing the work, the tenant can submit an itemized statement to the landlord.
- The tenant can deduct from their rent the actual and reasonable cost or fair value of the work, not exceeding the specified amount in the law.
- The landlord can specify in the rental agreement or otherwise that the work must be performed by a named person or qualified class of persons or firms.
- If the specified person is unavailable, the tenant can use another qualified person for the repairs.
The tenant cannot seek repairs at the landlord’s expense if the condition resulted from the deliberate or negligent actions of the tenant, household members, or others on the premises with the tenant’s consent.
Limitation on Landlord’s Liability
The landlord’s liability under this section is limited to $100 or equal to one month’s rent, whichever is greater, within 12 months.
As the law requires, a tenant can only act under this section after first notifying the landlord that the dwelling is not habitable.
Evictions in Nevada
In Nevada, specific provisions in Eviction laws are outlined for both landlord and tenant.
If a tenant remains in possession of the property after the expiration of the lease term, it is considered an unlawful detainer. For tenancies with a specified term, the lease terminates without notice at the end of that term. The landlord may file for eviction if a tenant continues possession after notice. Notice periods vary based on the type of tenancy, ranging from 7 to 30 days.
Special provisions exist for tenants aged 60 or older, those with disabilities, and federal, tribal, or state workers, allowing them to request a 30-day extension. During a government shutdown, affected tenants may request a 30-day extension. Landlords must honor these requests, and tenants receive a 5-day notice if rejected.
Nonpayment of rent can also result in unlawful detainer. When this happens, a notice is served, and if rent remains unpaid for 5 to 10 days (depending on the property), eviction proceedings may start.
Other reasons for unlawful detainer include violations of lease terms, such as subletting without consent or engaging in illegal activities. In such cases, a 3-day notice is given.
Landlords can start an eviction process by sending a notice asking for rent or the tenant’s departure. If the tenant doesn’t follow this notice, the landlord can go to court to ask for eviction, and the court may grant a quick order for the tenant’s removal.
In certain situations, tenants have the right to challenge an eviction. If a tenant gets a five-day notice to fix a lease violation or vacate the property, they can correct the issue within three business days of receiving the notice. Once they’ve resolved the problem, they should inform the landlord in writing to prevent eviction and stay in the rental property.
Additional procedures exist for addressing costs and assessing damages. It’s important to note that landlords cannot refuse rent based on unpaid fees, except for rent, late charges, or security deposits.
Security Deposits in Nevada
A “security deposit” refers to any payment, deposit, fee, or charge designated for specific purposes related to tenant responsibilities. These include:
- Addressing rent payment defaults
- Repairing damages beyond normal wear
- Cleaning the dwelling
Limits are set on the total value of the security deposit, including the last month’s rent, which cannot exceed three months’ periodic rent. Tenants can opt for a surety bond instead, subject to landlord consent, to cover rent defaults, damages, and cleaning obligations.
When a lease ends, landlords can only request payment for specific expenses. They are required to provide tenants with a written breakdown of these costs within 30 days. If a tenant disagrees, they have the option to respond in writing within 30 days, and their credit will not be affected unless a court issues a judgment.
When a landlord fails to refund a deposit within 30 days of the tenant moving out, they might have to pay for damages. This depends on factors like honesty, how the landlord and tenant behaved, and any harm to the tenant. Any clauses saying deposits can’t be returned or take away tenant rights are invalid. Tenant claims for deposit refunds are prioritized over the landlord’s other debts.
Lease Termination in Nevada
Nevada’s lease termination laws provide specific provisions for tenants or tenants facing physical or mental conditions, disability, or death. Suppose a tenant aged 60 or older or with a physical or mental disability requires relocation for care or treatment. In that case, they can terminate the lease by giving the landlord a 30-day notice within 60 days of relocating.
Co-tenants meeting specific criteria can also terminate the lease in such circumstances. In case of a tenant’s death, if they were 60 years or older or had a disability, the surviving tenant can terminate the lease within 3 months by providing a 60-day notice.
Additionally, tenants or co-tenants facing domestic violence, harassment, sexual assault, or stalking can terminate the rental agreement with a written notice to the landlord, effective either at the end of the current rental period or 30 days after notice, whichever is sooner.
The notice must include specific documentation related to the incident, and termination is allowed only if the events occurred within the past 90 days. The tenant is liable for rent until the termination date, and the landlord must not withhold the security deposit for early termination under this section. The termination reason need not be disclosed to prospective landlords, ensuring tenant protection and privacy.
Rent Increase in Nevada
In Nevada, no law restricts how much landlords can increase rent, giving them flexibility. However, landlords must provide written notice 90 days before raising rent under NRS 118B. Even though there’s no set limit on rent hikes, landlords must keep increases reasonable. Without a specific cap, good communication between landlords and tenants is vital for a fair and transparent rental relationship.
Housing Discrimination in Nevada
Nevada’s NRS 118.100 outlines prohibited acts related to housing discrimination. It prohibits discriminatory actions based on race, religion, color, nationality, disability, sexual orientation, gender identity, ancestry, or status. The law prohibits:
- Refusal to Provide Dwelling: No one can refuse to sell or rent a dwelling, negotiate its sale or rental, or otherwise make it unavailable based on the listed characteristics.
- Discrimination in Terms and Conditions: Discrimination in terms, conditions, or privileges of dwelling sale or rental, including fees, deposits, or penalties, is forbidden.
- Discriminatory Advertising: Any notice or advertisement related to dwelling sale or rental cannot indicate preferences, limitations, or discrimination based on the specified characteristics.
- False Representations: It is unlawful to misrepresent the availability of a dwelling for inspection, sale, or rental based on the protected characteristics.
- Inducing Sales through Discrimination: Profiting by generating someone to sell or rent a dwelling using representations about the entry of individuals with specific characteristics into the neighborhood is prohibited.
- Coercion and Interference: No one can coerce, intimidate, threaten, or interfere with a person’s exercise or enjoyment of their rights under this chapter or due to their assistance or encouragement of others in exercising these rights.
Your Guide to the New Nevada Landlord Laws in 2024 with Faranesh Real Estate
Staying informed and adapting to the new Nevada landlord laws in 2024 is crucial for property owners and managers. By prioritizing compliance, landlords can build positive relationships with tenants, avoid legal issues, and ensure the smooth operation of their rental properties.
Knowledge of legislative changes, seeking legal guidance when needed, and maintaining open communication with tenants are key steps toward successful property management in Nevada’s evolving real estate laws.