Shedding light on the rights and obligations of both landlords and tenants is essential for a good landlord-tenant relationship. From lease agreements to eviction processes, tenants must be knowledgeable to protect their rights.
In this article, we will give you a clear rundown on landlord-tenant laws, detail the rights of a tenant, outline how to handle personal belongings after an eviction, navigate habitability concerns, including repairs and fixes, clarify guidelines for security deposits, and break down the lease termination process.
Tenant’s Rights
Living in Nevada comes with specific rights that tenants can count on. They’re legal guarantees designed to protect you. Every tenant has the right to a safe and habitable living environment. Your landlord must keep things up and running properly—from plumbing systems to electrical wiring.
Beyond basic needs, privacy is also required in Nevada. Your landlord can’t just barge in unannounced. They must give you at least a 24-hour notice before entering your space unless it’s an emergency fix.
Let’s say there’s a disagreement between you and your landlord about repairs or rent payments. The law clearly outlines how both sides should handle these cases.
If things go south and the only option is to evict tenants, there are rules set for Nevada landlords to follow strictly before taking that step. An applicable grace period is imposed to protect tenant’s rights.
- After getting written notice, you have seven days to sort out any alleged lease violations.
- Before more serious steps begin, you get a 5-day notice to pay up or challenge it.
- In case of illegal behavior, due process must be considered.
Nevada Landlord Responsibilities
Owning a rental property in Nevada means staying on top of your game. As a landlord, you have a plate full of duties that keep your tenants safe and your business running smoothly.
Nevada law sets the stage for transparency between landlords and tenants immediately. It would be best to tell your renters about specifics like who manages the property and where they can pay rent. Also, if there’s been flooding at the property within the last five years, this must be shared, too.
Beyond these basics, informing tenants about any nonrefundable fees or security deposits before signing is crucial—because nobody likes unpleasant surprises down the road. Remembering all this keeps everyone informed and maintains trust throughout their stay Nevada Revised Statutes (NRS) 118A.
Personal Property Left Behind After Eviction
When evicted in Nevada, tenants often leave personal items behind. As a landlord, you need to know the proper steps to take. Nevada law has clear rules for handling these belongings.
If tenants don’t claim their property quickly, landlords must store it for 30 days. During this time, let your former tenants know their stuff is safe with you. You can do this by sending them a notice at their last known address or any new one they’ve given you.
After 30 days without word from the tenant, you may dispose of their things following these steps:
- The first step involves taking into account what’s left behind so that everything gets noticed and handled properly during storage.
- You then notify your former tenants about how and when they can collect their possessions.
- If it comes down to selling off unclaimed items at auction after those 30 days are up, ensure everything is done above board with proper public notices posted well before the sale date.
To keep everything legal and avoid future disputes—or even lawsuits—landlords must follow these procedures carefully and promptly. Not only does this help maintain professional relationships, but it also respects tenants’ rights while safeguarding your interests as a property owner or manager.
Repairs and Fixes
Living in a rental property should be safe, comfortable, and in a habitable condition. In Nevada, landlords are legally required to keep their properties habitable. This means they must fix serious issues that affect your everyday life, like broken heating systems during cold spells or faulty plumbing fixtures causing water damage.
Sometimes, things can get tricky when deciding who fixes what. There are scenarios where landlords must act fast for essential services or emergency repairs on system failures within the home for the tenants’ safety.
Security Deposits and Other Deposits
In Nevada, landlords often ask for a security deposit to cover potential damages or unpaid rent. But there’s more you should know about these financial safeguards.
NRS 118A.242 outlines regulations regarding Nevada security deposits for rental agreements.
- Limitation on Amount: The landlord cannot demand or receive a security deposit, surety bond, or their combination, including the last month’s rent, that exceeds three months’ periodic rent.
- Surety Bond Option: With landlord consent, a tenant may purchase a surety bond instead of paying all or part of the security deposit to cover rent default, damages (excluding normal wear and tear), and cleaning obligations.
- Landlord’s Discretion: The landlord is not obligated to accept a surety bond and cannot require a tenant to purchase it instead of a security deposit.
- Use of Deposit/Bond: Upon tenancy termination, the landlord can only claim amounts reasonably necessary for rent default, repairing tenant-caused damages (excluding normal wear and tear), and cleaning costs. The landlord must provide an itemized written accounting of the deposit/bond within 30 days, returning any remaining portion to the tenant.
- Tenant Disputes: If the tenant disputes any item in the landlord’s written accounting, they can send a written response to the surety within 30 days. The surety can only report the landlord’s claim to a credit reporting agency if they obtain a judgment against the tenant.
- Landlord’s Failure to Return Deposit: If the landlord fails to return the remaining security deposit within 30 days after tenancy termination, they are liable for damages equal to the entire deposit, plus an additional amount determined by the court, not exceeding the entire deposit. The court considers factors like the landlord’s good faith, the landlord-tenant relationship, and harm to the tenant.
- Nonrefundable Provisions Void: Rental agreements cannot contain provisions characterizing the security deposit as nonrefundable or waiving/modifying tenant rights except for a reasonable nonrefundable cleaning charge. Such provisions are void.
- Tenant Priority: A tenant’s claim to a security deposit takes precedence over the claim of any landlord creditor.
Nevada law caps the security deposit at three times the monthly rent. So, if your monthly rent is $1,000, your landlord can’t ask for $3,000 as a security deposit. It’s key to budget accordingly when planning your move.
Breaking the Lease
In Nevada, tenants have rights and responsibilities when ending a rental agreement early. It’s important to understand the legal reasons for terminating the lease without facing penalties.
If breaking your lease isn’t covered by legal protections, communication with your landlord is key. Most landlords will work with you, but remember they’re running a business too. You may be responsible for rent until a new tenant is found or incur an early termination fee as stipulated in your lease agreement.
To make sure you cover all bases:
- Review your lease thoroughly for any clauses about early termination.
- Document all communications with your landlord regarding leaving early.
- If possible, help find someone to take over the remainder of your lease term, which can sometimes alleviate some of the financial burden on both sides.
What Happens When Landlord Fails to Comply with Lease Agreement
NRS 118A.350 outlines the procedures and consequences when a landlord fails to comply with a rental agreement. If the landlord breaches the agreement, the tenant must provide written notice specifying the breach.
The agreement remains valid if the breach is fixable and the landlord remedies it within 14 days. Failure to remedy allows the tenant to terminate the agreement immediately, recover damages, or seek court relief. The tenant cannot terminate due to conditions caused by their actions or those of their household members.
The landlord must return prepaid rent and applicable security deposits if the agreement is terminated. Notice requirements are essential unless the landlord admits to the breach or receives notice from a relevant governmental agency.
Our Commitment to Respecting Nevada’s Tenant Laws
In 2024, Nevada’s tenant laws aim for a fair rental environment. They provide clear guidelines for landlords and tenants, ensuring both parties understand their roles. Staying informed about these laws is vital for a harmonious living space, benefiting individual interests and contributing to a healthy rental market in the state.
For personalized assistance and to navigate tenant law, contact us at Faranesh Real Estate and Property Management. We are committed to upholding your interests and ensuring harmonious and compliant tenancy.
