The Fair Housing Act was created in order to ensure that everyone is treated equally during the housing process. It protects tenants from discrimination when seraching for a rental property. At the federal level the Fair Housing Act protects the following classes…
- National Origin
- Familial Status
Learn about fair housing at the federal level here https://resources.hemlane.com/landlord-must-know-fair-housing/
Nevada protects the same categories as federal law.
(NRS § 118.100)
- Maximum Landlord Can Charge: Landlords may not charge a security deposit more than the equivalent of three months rent (NRS 118A.242(1)).
- Deadline for Returning Security Deposit: The landlord must return the security deposit within 30 days after the lease is terminated and the tenant has moved out (NRS 118A.242(4)).
- Security Deposit Deduction Notice Upon Move Out: Landlords must provide an itemized list of damages and fees to the tenant following move out. Tenants may dispute an alleged item within 30 days of receiving the itemized list (NRS 118A.242(4)).
- Uses of Security Deposit: Only the costs of damages to the property or necessary cleaning services may be deducted from the deposit (NRS 118A.242(4)).
- Bank Account Requirements: There is no statute.
Rent and Late Fees
- Rent Fee: A tenant must pay rent at the time agreed upon in the lease agreement.
- Rent Increase: The landlord must provide a written notice to the tenant 45 days prior to a rent increase, or 15 days prior for a tenancy of less than 1 month (NRS 118A.300).
- Late Fees: Landlords are responsible for including the charge for late fees in the lease agreement. If the tenant neglects to pay rent on time, they are responsible for paying the predetermined fee (NRS 118A.200).
- Withholding Rent: A tenant must deliver a written notice to the landlord, stating failure to provide essential services and/or maintain habitable conditions to the property. If the landlord fails to make changes within 14 days of receiving the notice, then the tenant may withhold rent (NRS 118A.355).
Notices and Entry
- Notice to Enter Property: A landlord may enter the rental unit without consent from the tenant in an emergency. In all other cases, the landlord must give the tenant 24 hours notice of intent to enter. Entry is permissible during reasonable business hours, unless otherwise agreed upon by the tenant and landlord (NRS 118A.330).
- Notice to Terminate Yearly Lease: There is no statute for leases with a fixed end date.
- Notice to Terminate Month-to-Month Lease: Both landlords and tenants may terminate a month-to-month lease with 30 days notice. In some cases, the rental agreement may allow a briefer time of notice. The landlord may give less notice if the tenant fails to pay rent, violates the lease agreements, or violated the law (NRS 40.251).
- Notice to Terminate Week-to-Week Lease: For week-to-week tenancies, a notice of at least 7 days to terminate the lease agreement, by either the tenant or landlord, is required by law (NRS 40.251).
- Notice of Eviction - Nonpayment: Landlords may evict a tenant that remains in possession of a property after failure to pay rent, or a tenant that continues in possession of a property without the landlord's consent. The law requires that the landlord provides a written notice of at least 5 days before removal of the tenant (NRS 40.251; 40.2512).
- Notice of Eviction - Lease Violation: A tenant in violation of the terms or conditions of a lease agreement has 5 days to comply with a written notice from the landlord. If the tenant fails to make the necessary changes within that time, then no further notice is required from the landlord (NRS 40.2516).
Duties of Landlord
- Landlords are required to include a summary of Maintaining and Permitting Nuisance: Penalty in the lease agreement (NRS 202.470; 118A.200).
- A list of the inventory and condition of the property at the onset of the lease must be provided at the beginning of the tenancy (NRS 118A.200(3)(k)).
Duties of Tenant
- Move-Out Conditions: Tenants are to leave the property in the same condition as the beginning of the lease. Any costs from damage beyond normal wear and tear may be deducted from the security (NRS 118A.200)
Retaliation: Landlord retaliation against a tenant is not permitted. Retaliatory measures include terminating a tenancy, declining the renewal of a tenancy, increasing rent, lessening the crucial articles and services required, and threatening legal action against the tenant (NRS 118A.510).
Domestic Violence: The tenant is permitted to terminate a lease if subject to domestic violence, harassment, sexual assault or stalking. The tenant may submit a written notice of termination that will take effect at the end of the current rental period, or 30 days after the notice is submitted (NRS 118A.345(1)).
For more information on Nevada Landlord Tenant laws please visit their website here.