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LANDLORD/TENANT LAW


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Rights and Obligations of Landlords and Tenants in Nevada

Selected Nevada Statutes Relating To The Obligations Of Landlords And Tenants
The following are selected Nevada Statutes pertaining to the rights and obligations of Landlords and Tenants. Please note that these materials are not a substitute for the advice of a qualified attorney. If you have questions, you should seek an attorney licensed to practice in Nevada. We are not a law firm, and we do not provide legal advice.

OBLIGATIONS OF LANDLORDS:
  1. Security Deposits

    NRS 118A.242 Security: Limitation on amount or value; duties and liability of landlord; damages; prohibited provisions.
    1. The landlord may not demand or receive security, including the last month's rent, whose total amount or value exceeds 3 months' periodic rent.
    2. Upon termination of the tenancy by either party for any reason, the landlord may claim of the security 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 caused by the tenant 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.
    3. If the landlord fails or refuses to return the remainder of a security deposit within 30 days after the end of a tenancy, he is liable to the tenant for damages:
      1. In an amount equal to the entire deposit; and
      2. For a sum to be fixed by the court of not more than the amount of the entire deposit.
    4. In determining the sum, if any, to be awarded under paragraph (b) of subsection 3, the court shall consider:
      1. Whether the landlord acted in good faith;
      2. The course of conduct between the landlord and the tenant; and
      3. The degree of harm to the tenant caused by the landlord's conduct.
    5. Except for an agreement which provides for a nonrefundable charge for cleaning, in a reasonable amount, no rental agreement may contain any provision characterizing any security under this section as nonrefundable or any provision waiving or modifying a tenant's rights under this section. Any such provision is void as contrary to public policy.
    6. The claim of a tenant to security to which he is entitled under this chapter takes precedence over the claim of any creditor of the landlord.

  2. Receipts for Payment of Rent
    NRS 118A.250 Receipts for security, rent and other payments.
    The landlord shall deliver to the tenant upon his request a signed written receipt for security and any other payments, deposits or fees, including rent, paid by the tenant and received by the landlord. The tenant may refuse to make rent payments until the landlord tenders the requested receipt.

  3. Delivery of Possession of the Premises
    NRS 118A.280 Delivery of possession of premises.
    At the commencement of the rental term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and in a habitable condition as provided in this chapter.

  4. Warranty of Habitability
    NRS 118A.290 Habitability of dwelling unit.
    1. The 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:
      1. Effective waterproofing and weather protection of the roof and exterior walls, including windows and doors.
      2. Plumbing facilities which conformed to applicable law when installed and which are maintained in good working order.
      3. A water supply approved under applicable law, which is:
        1. Under the control of the tenant or landlord and is capable of producing hot and cold running water;
        2. Furnished to appropriate fixtures; and
        3. Connected to a sewage disposal system approved under applicable law and maintained in good working order to the extent that the system can be controlled by the landlord.
      4. Adequate heating facilities which conformed to applicable law when installed and are maintained in good working order.
      5. Electrical lighting, outlets, wiring and electrical equipment which conformed to applicable law when installed and are maintained in good working order.
      6. An adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the commencement of the tenancy. The landlord shall arrange for the removal of garbage and rubbish from the premises unless the parties by written agreement provide otherwise.
      7. Building, grounds, appurtenances and all other areas under the landlord's control at the time of the commencement of the tenancy in every part clean, sanitary and reasonably free from all accumulations of debris, filth, rubbish, garbage, rodents, insects and vermin.
      8. Floors, walls, ceilings, stairways and railings maintained in good repair.
      9. Ventilating, air-conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord.
    2. The landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:
      1. The agreement of the parties is entered into in good faith; and
      2. The agreement does not diminish the obligations of the landlord to other tenants in the premises.
    3. An agreement pursuant to subsection 2 is not entered into in good faith if the landlord has a duty under subsection 1 to perform the specified repairs, maintenance tasks or minor remodeling and the tenant enters into the agreement because the landlord or his agent has refused to perform them.
OBLIGATIONS OF TENANTS:
NRS 118A.310 Basic obligations.

A tenant shall, as basic obligations under this chapter:

  1. Comply with the terms of the rental agreement;
  2. Keep that part of the premises which is occupied and used as clean and safe as the condition of the premises permit;
  3. Dispose of all ashes, garbage, rubbish and other waste from the dwelling unit in a clean and safe manner;
  4. Keep all plumbing fixtures in the dwelling unit as clean as their condition permits;
  5. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, in the premises;
  6. Not deliberately or negligently render the premises uninhabitable or destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so; and
  7. Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb a neighbor's peaceful enjoyment of the premises.
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