Are there rent control/rent stabilization policies or laws in Nevada?
The state of Nevada has not established rent control or stabilization practices.
May I charge an application fee, late rent charge or a returned payment fee?
There are no restrictions or limits placed on the collection of an application fee, and late fees should remain reasonable and related to the landlord's actual expenses incurred.
However, according to NRS 597.960, the maker of a bad check may be charged for a collection fee of no more than $25.00 for each dishonored check because of stopped payment, insufficient funds, or that the maker of the check has no account with the drawee.
Is it permitted to charge a per-diem late fee? There are no restrictions regarding the charge of a per day late fee.
May I increase the amount of rent charged to my tenant? According to NRS 118A.300, The landlord may not increase the rent payable by a tenant unless the tenant is served with 45 days advance written notice advising the tenant of the increase , or in cases of periodic tenancy (less than 1 month) then 15 days advance notice, prior to the first rental payment.
What is the maximum amount I can collect as a security deposit?
According to NRS 118A.242: A security deposit (including last month's rent) may not exceed an amount equal to 3 months rent.
Important: No rental agreement may contain any provision characterizing any security deposit as nonrefundable.
Do I need to pay interest on the security deposit? No, there is no such requirement for the state of Nevada.
My tenant has moved out, what do I do with their security deposit? Upon termination of the tenancy by either party for any reason, the landlord may claim only such amounts as are reasonably necessary to remedy any default of the tenant in the payment of rent, to repair damages to the premises other than normal wear and to pay the reasonable costs of cleaning the premises. The landlord shall provide the tenant with an itemized written accounting of the disposition of the security and return any remaining portion of the security to the tenant no later than 30 days after the termination of the tenancy by handing it to him personally at the place where the rent is paid, or by mailing it to him at his present address, or if that address is unknown, at the tenant’s last known address.
What is a common problem where security deposits are concerned? At times landlords may try claiming deductions for items that are often characterized by the court as normal wear and tear. This situation may be prevented by realistically evaluating each deduction, providing proof of damage as well as including repair receipts and pictures.
How can I end a Nevada lease agreement? With regards to a Fixed Term Lease, this type of lease may be terminated at the end of the agreement unless specified otherwise. All notice provisions must be contained in the original lease agreement unless agreed to later by both parties in a signed, written addendum. With Periodic Tenancies, a landlord may require a tenant to provide written or oral notice to terminate a lease equal to one periodic term of tenancy. For example, if rent is paid monthly, the landlord may require up to 1 months notice for ending a lease.
Are there circumstances where I am required to release a tenant from a lease agreement?
A landlord may be forced to release a tenant from a contractual agreement when the dwelling unit or premise is damaged and/or destroyed by fire or casualty not caused by the tenant, deeming the rental property unlivable, or If the tenant is called to active military duty. Additionally, a tenant may seek release from a rental agreement with the court when a landlord does not abide by the state’s landlord obligations.
My tenant has not paid rent, how much notice do I have to give a tenant in order to evict them? The tenant is considered to be in "Unlawful Detainer" once the rent is past due. The landlord may initiate a summary eviction at any time after rent is past due by serving a 5 Day Notice for Non-Payment of Rent.
If the tenant still remains in possession, the landlord can allege that the tenant is guilty of an "Unlawful Detainer", and may initiate a summary eviction action against the tenant.
How long does the eviction process take? As with any legal matter, exact timing is almost impossible as it depends on many factors. Overall, with no complications, the eviction process usually takes approximately 4-5 weeks.
Can I require my tenants to obtain renter's insurance? In Nevada, a landlord is not allowed to require a tenant to obtain renter’s insurance.
How do I tell if my tenant has “skipped” out of the apartment?
Often times it’s best to look for the obvious, such as removal of personal goods, whether or not the tenant has come back to the premises at any time during a one week period, and simply no food in the refrigerator. It’s extremely important to document all of the “proof” gathered in order to determine abandonment. When in doubt, if payment of rent has not been made, the landlord may always file for eviction.
What can I do if my tenant files for bankruptcy?
The procedures a landlord should take will be determined by bankruptcy court laws. A Landlord usually will proceed with a relief from the “stay” deeming the tenant responsible for rent incurred during the pendency of bankruptcy proceedings. This is a complicated procedure and warrants at least a consult with an attorney.
Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the lease.
Do I have to give the tenant notice before I enter the rental property? The landlord shall have the right to enter the leased premises at reasonable times and hours, after reasonable notice has been given to the tenant (24 hrs), unless in cases of emergency.
Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.