This chapter may be cited as the Residential Landlord and Tenant Act.
This chapter applies to, regulates, and determines rights, obligations and remedies under a rental agreement for a dwelling unit located within this State. This chapter does not apply to: transient occupancy in a hotel or motel; occupancy in a fraternity or sorority house; occupancy in a structure owned or operated by a public or private educational institution for use by its students; or occupancy by an employee of a landlord who is entitled to occupancy as part of the conditions of employment.
If a tenant of any dwelling, apartment, mobile home, recreational vehicle or commercial premises fails to pay the rent when it becomes due and the failure continues for a period of 7 days, the landlord or the landlord's agent may, in writing, notify the tenant of the landlord's election to terminate the rental agreement. The notice must advise the tenant of the right to pay the amount owed or to contest the matter in court. If the tenant does not pay the full amount owed or vacate the premises within 7 judicial days after service of the notice, the landlord may commence a summary eviction proceeding.
If a tenant violates any provision of the rental agreement, other than a provision requiring the payment of rent, the landlord may serve the tenant with a 5-day notice to perform or quit. The notice must describe the specific violation. If the tenant fails to cure the violation within 5 judicial days, the landlord may commence eviction proceedings. For violations involving nuisance, waste, assignment or subletting without permission, or conducting an unlawful business on the premises, the notice to quit is unconditional — the tenant is given no opportunity to cure.
A landlord may terminate a periodic tenancy without cause. For a week-to-week tenancy, the landlord must provide at least 7 days' written notice. For a month-to-month tenancy or any longer period, the landlord must provide at least 30 days' written notice. However, if the tenant has resided in the dwelling unit for more than 1 year, the landlord must provide at least 60 days' written notice. The notice must specify the date upon which the tenancy will terminate.
(1) A landlord may not demand or receive a security deposit, including any prepaid rent, in an amount or value in excess of 3 months' periodic rent. (2) Within 30 days after the termination of the tenancy, the landlord shall provide the tenant with a written itemized statement of deductions from the security deposit together with any remaining balance. If the landlord fails to provide this statement and any refund within 30 days, the landlord forfeits the right to make any deductions and must return the full deposit. (3) Wrongful withholding: the tenant may sue for the amount wrongfully withheld plus damages equal to the amount wrongfully withheld.
A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. A dwelling unit is not habitable if it substantially lacks: (a) effective waterproofing and weather protection; (b) plumbing facilities in good working order; (c) a water supply capable of producing hot and cold running water; (d) adequate heating facilities; (e) adequate electrical lighting; (f) clean and sanitary buildings, grounds, and appurtenances; (g) adequate trash receptacles; (h) floors, stairways, and railings in good repair. Failure to maintain habitability entitles tenants to remedies including rent withholding, repair-and-deduct, or lease termination.
A landlord may not increase the periodic rent of a tenant without giving the tenant advance written notice of the increase. For a month-to-month tenancy, the landlord must give at least 60 days' written notice before the rent increase takes effect. A landlord may not increase rent during the term of a fixed-term lease unless the lease specifically provides for such an increase.
(4) A landlord may charge a late fee if rent is not paid when due. However: (a) The landlord must allow a grace period of 3 calendar days after the due date before a late fee may be charged; (b) The late fee may not exceed 5 percent of the periodic rent; (c) A late fee may not be compounded or increased based on a previously imposed late fee.
Except in case of emergency, a landlord shall give the tenant at least 24 hours' notice of intent to enter and may enter only at reasonable times during normal business hours unless the tenant expressly consents to shorter notice or to entry during non-business hours. The landlord may enter the dwelling unit without consent in case of emergency. The landlord shall not abuse the right of access or use it to harass the tenant.
Written rental agreements must contain: (a) the name, address and telephone number of the landlord or authorized agent; (b) a statement of the tenant's right to a copy of the agreement; (c) a signed inventory and condition checklist of the dwelling at move-in; (d) notice that the agreement is enforceable even if it does not strictly comply with certain statutory provisions. Single-family rentals: if the lease is not signed by an authorized agent holding a current property management permit, the top of the first page must prominently identify the landlord.
The landlord or any person authorized to manage the premises shall disclose to the tenant in writing, at or before the commencement of the tenancy, the name and address of: (1) the person authorized to manage the premises; and (2) an owner of the premises or a person authorized to act as agent for the owner for the purpose of service of process and receiving notices and demands. An emergency telephone number must also be provided. This information must be kept current and updated if changed.
A landlord must disclose to any prospective tenant, in writing, whether the rental property is the subject of any foreclosure proceeding. A willful violation of this disclosure requirement constitutes a deceptive trade practice.
A tenant or cotenant who is a victim of domestic violence, harassment, sexual assault or stalking may terminate a rental agreement by providing the landlord with written notice and documentation of the qualifying event (such as a copy of a protective order or police report). Upon providing such notice, the tenancy terminates 30 days after the next rent payment due date. The landlord may not impose a penalty or fee for early termination in such cases.
A tenant or cotenant who develops a physical or mental disability that requires the tenant or cotenant to vacate the dwelling unit may terminate the rental agreement by providing at least 30 days' written notice to the landlord, accompanied by a written statement from a licensed physician or advanced practice registered nurse confirming the disability. Upon death of a tenant, the rental agreement terminates and the personal representative or heir of the tenant may terminate the agreement by providing at least 30 days' written notice.
A landlord may not remove a tenant from the dwelling unit by interrupting or causing the interruption of essential services, removing the tenant's belongings, changing the locks, or otherwise excluding the tenant from the dwelling unit except by judicial process. If a landlord unlawfully removes a tenant or interrupts essential services, the tenant may file an expedited complaint with the Justice Court within 5 judicial days of the unlawful act. The court must schedule a hearing within 3 judicial days. Remedies include actual damages, punitive damages up to $1,000, and attorney's fees.
A landlord may not retaliate against a tenant by increasing rent, decreasing services, threatening to bring an eviction action, or actually bringing an eviction action because the tenant has: (1) complained to a governmental agency about a violation of law; (2) organized or become a member of a tenant's union or similar organization; (3) made a complaint to or testified before any governmental agency; or (4) exercised any right or remedy provided by law. Retaliation is presumed if adverse action occurs within 60 days of a protected activity.
A landlord may not take adverse action against a tenant based solely upon a request for emergency assistance, including requests for law enforcement or emergency medical services. A request for emergency assistance may not be deemed a nuisance or grounds for eviction.
After proper written notice has been served and the applicable notice period has expired without compliance, the landlord may file a complaint for summary eviction in the Justice Court of the township where the property is located. The tenant must be served with the complaint and given the opportunity to file an affidavit contesting the eviction within 7 judicial days of service. If the tenant does not file an affidavit, the court may issue an order for removal. If the tenant files an affidavit, a hearing is scheduled. The court may issue a temporary writ of restitution pending the hearing if the landlord posts a bond.
Upon the entry of a judgment in favor of the landlord in a summary eviction proceeding, the court shall issue a writ of restitution. The writ is executed by the constable (not the sheriff) in Nevada Justice Courts. The constable shall serve the writ on the tenant and, if the tenant has not vacated within 24 hours of service, shall remove the tenant and the tenant's belongings from the premises. The constable's fees for executing a writ of restitution are established by each county.
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