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Finding a Balance: Nevada’s Landlord Tenant Laws
Whether you are contemplating getting into the real estate market in order to make money from renting property or simply looking for a decent place to rent, it pays to learn more about Nevada’s landlord tenant laws. They are meant to find a balance between protecting the landlord and protecting the tenant, which is not necessarily always straightforward or easy.
If you are a landlord already or are thinking of renting your property, it may be sensible to discuss your legal rights and responsibilities and possible renting options with a Nevada real estate attorney. Conversely, if you are a tenant and are having a dispute with your landlord and are not sure of your rights as a tenant then an attorney may be able to clarify your position and advise you of an acceptable solution.
Concerns for Landlords
Landlords are most concerned that they have responsible tenants, who pay the rent on time and look after their property. Most landlords understand that the freedom to dictate how long a tenant stays in their property must be restricted to give the responsible tenant a certain amount of security that they aren’t going to be suddenly homeless and have time to make other arrangements.
Landlords can enter their property if they are worried about its condition, but they must five 24 hours notice to the tenants in advance unless the tenant allows them in earlier.
If a landlord suspects or believes that a tenant has done substantial damage to the property then he or she can give 3 days’ notice to leave the property before filing for eviction.
Sensible landlords put in writing the conditions of the tenancy, particularly the tenant’s responsibilities to look after the property until the tenancy is terminated. It should also include the amount of the security deposit (usually a maximum of 3 months’ rent), the amount of rent and a list of items in the property if this is part of the rental. The rental agreement can be made up with the help of an attorney, although this is not strictly necessary and may be something which a real estate agent can arrange for you.
Concerns for tenants
Tenants are most worried that they are going to be evicted sooner than they planned and that the property is safe and in a good state of repair. Tenants appreciate good landlords who attend to repairs that arise which are not the fault of the tenant promptly.
Rental properties in Nevada are usually dependent on a security deposit being paid. By state law, this amount cannot exceed 90 days. When the tenant leaves the property, the deposit must be repaid within 30 days. Tenants who have not had their security deposit returned within the 30 day time period are able to sue the landlord in the small claims court, up to a maximum of $7,000.
Tenants must be given 45 days notice of a rent increase and 3 days notice to comply if there has been a rental agreement violation. The tenant will also have 5 days after the 3 day compliance period before eviction if they don’t comply with the request.
Tenants also have the right to withhold rent if the landlord fails to make suitable repairs to the property as long as the tenant wasn’t responsible for the damage.
Federal laws for landlords and tenants
Landlords and tenants may be surprised to know that the state is not the only one to have laws on rights and responsibilities of renting. There are a number of federal laws too. These are mainly to do with health and safety conditions, such as notifying the tenant if there is lead based paint anywhere in the property.
One of the more unique laws in Nevada concerning tenancies is that a tenant is allowed to fly the U.S. flag at a property they are renting!
For any doubts about landlord tenant legal rights and responsibilities in Nevada, talk to an attorney at Pintar Albiston in Las Vegas. You can make an appointment by calling the office on 702-685-5366.