3.3 Nevada Landlord-Tenant Law
Key Takeaways
- Nevada residential landlord-tenant law is found in NRS Chapter 118A.
- Security deposits cannot exceed three months' rent and must be returned with any itemized deductions within 30 days of move-out (NRS 118A.242).
- Nonpayment of rent uses a 7-day notice; a no-cause month-to-month termination uses a 30-day notice (NRS 40.251).
- Self-help eviction, such as lockouts and utility shutoffs, is illegal; landlords must use court summary eviction.
- A Nevada property management permit requires a real estate license plus 24 classroom hours, with 3 PM-specific CE hours at renewal (NRS 645.6052).
Security Deposits (NRS 118A.242)
Nevada caps residential security deposits at three months' rent, and that cap includes every deposit combined (cleaning, pet, and "last month" deposits all count toward the three-month total). A landlord cannot charge more because the tenant has poor credit.
Return rules
| Requirement | Rule |
|---|---|
| Return deadline | Within 30 days of move-out (tenant surrenders keys) |
| Itemized statement | Required whenever deductions are made |
| Penalty for non-return | Landlord liable for the full deposit plus damages up to the deposit amount |
| Surety bond | A landlord may accept a surety bond in lieu of a deposit |
Allowable vs. prohibited deductions
| Deduction | Allowed? |
|---|---|
| Unpaid rent | Yes |
| Damage beyond normal wear | Yes |
| Cleaning to restore move-in condition | Yes, if reasonable |
| Normal wear and tear | No |
| Repainting/recarpeting from ordinary use | No |
Worked example: Rent is $1,500/month, so the maximum deposit is $4,500. The tenant moves out owing $1,500 rent and leaves a dog-chewed door ($300). The landlord may deduct $1,800, must mail an itemized statement plus the $2,700 balance within 30 days, and may not deduct for faded paint, which is normal wear.
Implied Warranty of Habitability
Nevada landlords owe an implied warranty of habitability: the unit must be fit to live in. Required items include effective weatherproofing, running hot and cold water, working heating, safe electrical and plumbing, and compliance with building/housing codes.
| System | Landlord must maintain |
|---|---|
| Plumbing | Hot and cold running water |
| Heating | Adequate, working heat |
| Electrical | Safe and functional |
| Structure | Weatherproof and secure |
| Common areas | Clean and safe |
If the landlord fails to repair an essential service (such as heat, water, or electricity) after proper written notice and a reasonable time, Nevada tenants have several statutory remedies under NRS 118A: repair-and-deduct (pay for the repair and subtract it from rent, within statutory dollar limits), procuring reasonable substitute housing and withholding rent for the affected period, or recovering damages and even terminating the lease for a serious habitability failure. The tenant must give written notice first, so a tenant who simply stops paying rent without notifying the landlord of the defect loses these protections.
Landlord access and tenant duties
Habitability runs both ways. The tenant must keep the unit clean and sanitary, dispose of trash properly, use fixtures reasonably, not deliberately or negligently damage the property, and not disturb neighbors. The landlord may enter only after giving at least 24 hours' notice except in an emergency, and entry must be at reasonable times for repairs, inspection, or showing the unit. A landlord who repeatedly enters without notice can be liable for harassment, which feeds directly into the prohibition on self-help eviction below.
Eviction Procedure and Notice Ladder
Nevada eviction notices are statutory, and the period depends on the reason. The most common path is summary eviction through the justice court.
| Reason | Notice period |
|---|---|
| Nonpayment of rent (monthly tenant) | 7-day notice to pay or quit |
| Lease (curable) violation | 5-day notice to cure or quit |
| No-cause termination (month-to-month) | 30-day notice to quit |
| Nuisance, waste, illegal drug/business use | 3-day notice |
| Weekly tenant nonpayment | 4-day notice |
Older tenants (60+) and tenants with a disability may request an additional 30-day extension on a no-cause notice under NRS 40.251.
The five steps
- Serve the proper statutory notice for the reason.
- If the tenant does not comply, file the eviction (affidavit/complaint) in justice court.
- Court hearing, where the tenant may file an answer/affidavit.
- If the landlord prevails, the court issues an order for removal/possession.
- The constable or sheriff physically removes the tenant if they will not leave.
Self-Help Eviction Is Illegal
A landlord may never force a tenant out without the court. These "self-help" tactics are prohibited and expose the landlord to damages:
| Prohibited action | Example |
|---|---|
| Lockout | Changing the locks while the tenant is away |
| Utility shutoff | Cutting power, water, or gas |
| Removing belongings | Hauling out the tenant's property |
| Harassment | Threats or intimidation to make them leave |
Rent Increases
| Tenancy | Notice required |
|---|---|
| Month-to-month | 45 days' written notice (60 days for tenants 62+) |
| Fixed-term lease | Only at renewal; rent is locked during the term |
Property Management Permit (NRS 645.6052)
Managing rentals for others for compensation requires a Nevada real estate license plus a separate property management permit.
| Requirement | Detail |
|---|---|
| Base license | Active real estate salesperson or broker license |
| Pre-permit education | 24 classroom hours in property management |
| Supervision | Salespersons work under a licensed broker |
| Trust accounts | Rents and deposits held in separate trust accounts |
| Renewal CE | At least 3 hours of PM-specific CE among the regular license-renewal hours |
Common trap: the renewal requirement is 3 PM continuing-education hours, not 9. The 24 hours applies to getting the permit, not renewing it.
A Nevada tenant pays $1,500/month rent. What is the maximum total security deposit the landlord may collect?
A month-to-month tenant in Nevada has not paid this month's rent. Which notice must the landlord serve first?
Which action by a Nevada landlord is legal when removing a non-paying tenant?