Frequently Asked Questions (FAQ)

Frequently Asked Questions (FAQ)

What Are The Basic Responsibilities of a Landlord in Nevada?

Landlords are required to provide a habitable living space, which includes maintaining essential services like plumbing, heating, electricity, and structural integrity. They must use their best efforts to make necessary repairs within a specific time frame after written notice from the tenant (14 calendar days for habitability issues; 2 business days for essential services). Failure to do so allows tenants certain legal remedies such as withholding rent, conducting repairs themselves and deducting the costs from rent (up to one month’s periodic rent), or seeking court action. Landlords can evict tenants for reasons such as non-payment of rent, violation of lease terms, or illegal activity. However, proper notice must be given, and tenants have rights to defend against any eviction. Tenants are also protected from retaliatory evictions and fair treatment under Nevada’s landlord-tenant laws.

NRS 118A.280; NRS 118A.290; NRS 118A.355; NRS 118A.360; NRS 118A.510.

What Are A Tenant's Rights Regarding Repairs in Nevada?

Tenants have the right to live in a safe and habitable environment. Leases may contain relevant provisions regarding certain repairs and should be reviewed. If repairs are needed for general habitability issues, tenants must notify the landlord in writing. If the landlord fails to use its best efforts to fix the issue within 14 calendar days, tenants may withhold rent, seek repairs independently and deduct the costs from rent (up to one month’s periodic rent), or take legal action. The repair must not have been caused by the tenant’s negligence, and the tenant must be current on their rent payments at the time of the notice in order for the tenant to pursue their rights regarding repairs.

NRS 118A.355; NRS 118A.360. See also Alexis Brown Law’s Flow Chart for Landlord Tenant Repairs in Nevada.

What Happens If A Landlord Fails To Provide Essential Services?

If a landlord does not provide essential services, like water, heat, or electricity, the tenant has the right to notify the landlord in writing and seek remedies. If the landlord’s best efforts are not used to restore essential services within 2 business days, tenants can relocate temporarily, terminate the lease, or deduct costs from the rent. The repair must not have been caused by the tenant’s negligence, and the tenant must be current on their rent payments at the time of the notice in order for the tenant to pursue their rights regarding repairs.

NRS 118A.380. See also Alexis Brown Law’s Flow Chart for Landlord Tenant Repairs in Nevada.

Can A Landlord Enter A Tenant's Unit Without Notice?

No, Nevada law requires landlords to give tenants at least 24 hours’ notice before entering the property, unless it is an emergency. This notice allows for any necessary repairs, inspections, or showings to potential new tenants or buyers. Tenants can be held liable for the landlord’s actual damages for refusing to allow the landlord lawful access to the rental unit. A landlord’s entry without proper notice, or abuse of the ability to make requests for entry, may be considered harassment that subjects the landlord to liability.

NRS 118A.330; NRS 118A.500.

Can A Landlord Evict A Tenant Without Cause In Nevada?

In cases where there is a written lease agreement, eviction without cause is not allowed until the lease term ends. A landlord can terminate a month-to-month or a week-to-week tenancy without cause, but they must give the tenant at least 30 days' notice for monthly tenancies, and 7 days’ notice for weekly tenancies. Evictions for cause (e.g., non-payment of rent, lease violations) require other specific notices and compliance with Nevada’s legal procedures.

NRS 40.251; NRS 40.254.

Can A Landlord Charge Late Fees For Overdue Rent In Nevada?

Yes, landlords may charge late fees. For Nevada tenancies longer than week to week, unless the lease provides for a longer time, late charges may be imposed 3 calendar days after the date that rent is due. Late fees may not exceed five percent (5%) of the amount of the periodic rent; provisions in rental agreements that attempt to charge more than 5% late fees are voidable. Additionally, the maximum amount of the late fee must not be increased based upon a late fee that was previously imposed. If rent is not timely paid, landlords can initiate the eviction process.

NRS 118A.210; NRS 40.280.

What Is The Process For Evictions For Nonpayment of Rent In Nevada?

Evictions in Nevada must follow legal procedures, and the notices must contain all of the information required under Nevada laws. For non-payment of rent, landlords must serve a 7-Day Notice to Pay Rent or Quit. If the rent is not paid or the tenant has not vacated within 7 days of service of the notice (for service by posting and mailing, an additional 3 days is added), the landlord can file a complaint for eviction in the local Justice Court.

NRS 40.254.

Can A Tenant Withhold Rent If A Landlord Doesn't Make Repairs?

Yes, if a tenant makes a written request for repairs of an issue that impacts habitability or essential services, and the landlord fails to use its best efforts to address the tenant’s repair request within the required timeframe (14 calendar days for habitability issues; 2 business days for essential services), tenants may legally withhold rent. However, Nevada also law requires tenants to deposit the withheld rent into the Court’s escrow account to use this as a defense against eviction in cases of general habitability issues (not essential services).

NRS 118A.350; NRS 118A.355; NRS 118A.380. See also Alexis Brown Law’s Flow Chart for Landlord Tenant Repairs in Nevada.

What Is The Process For Evictions For Lease Violations In Nevada?

For lease violations in Nevada, landlords must serve a 5-Day Notice to Perform Lease Condition or Quit instructing the tenant to remedy the breach or leave. If the tenant does not comply by curing the breach or leaving within 5 days of service of the notice (3 additional days are added for service by posting and mailing), the landlord must serve a 5-Day Unlawful Detainer Notice. If the tenant fails to vacate the rental property within 5 days of service of the 5-Day Unlawful Detainer Notice, the landlord may file an eviction complaint in the local Justice Court.

NRS 40.2516; NRS 40.254.

Are There Rent Control Laws In Nevada?

No, Nevada does not have any rent control laws. However, landlords must provide tenants with advance notice of rent increases: 30 days’ notice for tenancies less than month-to-month, 45 days’ notice for month-to-month tenancies, and 60 days for any other lease. Rent cannot be increased during the fixed term of a written lease, unless the agreement allows for it.

NRS 118A.300.

What Can Tenants Do If They Are Unfairly Charged Or Deducted From Their Security Deposit?

Tenants have the right to dispute any wrongful charges or deductions from their security deposit. Landlords must provide a detailed, itemized list of deductions within 30 days of the tenant moving out. If tenants believe the deductions are unjustified, they must send a written dispute letter within 30 days of the landlord’s accounting, and then can take legal action in the local Justice Court to recover their deposit, plus any additional damages as permitted by Nevada law.

NRS 118A.242.

How Can An Attorney Help With Landlord-Tenant Disputes?

Whether you’re a landlord or tenant, a skilled Las Vegas landlord tenant attorney can negotiate lease terms on your behalf, represent you in court for eviction proceedings or other disputes concerning residential or commercial rental properties, and ensure your rights are protected. Alexis Brown Law is your trusted Las Vegas landlord tenant attorney.

HAVE A LANDLORD-TENANT MATTER? CALL ALEXIS BROWN LAW AT (702) 848-8806 OR CONTACT US TODAY!

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