Published 2026-09-25 · 26 min read

Nevada Landlord-Tenant Law 2026: The Plain-English Guide

Quick answers
  • What is the security deposit cap in Nevada? Three months' periodic rent in total. Under NRS 118A.242(1), a security deposit, a surety bond, or a combination of the two — including the last month's rent — may not exceed 3 months' periodic rent in amount or…
  • How long does a Nevada landlord have to return a security deposit? Thirty days after termination of the tenancy. NRS 118A.242(4) requires an itemized, written accounting of the disposition plus return of any remaining portion within that period, handed to the tenant at the place…
  • What is the penalty for a late security deposit return in Nevada? Damages measured on the entire deposit, in two tiers. Under NRS 118A.242(6), a landlord who fails or refuses to return the remainder within 30 days is liable for (a) an amount equal to the entire security deposit,…

Quick answer - Nevada: Nevada caps deposits at three months' rent (NRS 118A.242). Return the balance with an itemized accounting within 30 days after the tenancy ends; missing it can cost the entire deposit plus up to another deposit. Late fees cap at 5% after a 3-day grace period, and entry requires 24 hours' notice.

Nevada runs its rentals under the Residential Landlord and Tenant Act, NRS Chapter 118A (NRS 118A.010 to 118A.530), with eviction procedure in NRS Chapter 40 and housing discrimination in the Nevada Fair Housing Law, NRS 118.010 to 118.120. Manufactured-home park tenancies sit in their own chapter (Chapter 118B) and are expressly outside Chapter 118A (NRS 118A.180(2)(a)); this guide covers ordinary dwellings. The headline facts in most guides survive verification: the deposit cap really is 3 months' periodic rent, the return deadline really is 30 days, the late-fee cap really is 5%, and the nonpayment notice really does run on 7 judicial days. But the previous version of this page omitted the rules that decide real disputes — the deposit penalty, the late-fee grace period, the repair-and-deduct dollar cap, the split increase notice, and three payment and disclosure duties the Legislature added in 2025. This guide states the current law, verified against the current text published by the Nevada Legislature.

Ten corrections and completions to start. First, the deposit deduction list was incomplete and the penalty was missing entirely: NRS 118A.242(4) allows claims only for rent defaults, tenant-caused damage other than normal wear, and the reasonable costs of cleaning — and NRS 118A.242(6) makes a landlord who fails or refuses to return the remainder within 30 days liable for damages in an amount equal to the entire deposit plus a court-fixed sum of up to another entire deposit. Second, the late-fee rule is three rules, not one: under NRS 118A.210(4), the fee must be reasonable and stated in the rental agreement, it may not exceed 5% of the periodic rent, it may not be charged until at least 3 calendar days after rent is due in any tenancy longer than week-to-week, and it may not be increased because a late fee was previously imposed. Third, the rent-increase notice is split, not flat 60 days: NRS 118A.300 requires 60 days generally but 30 days for a periodic tenancy of less than 1 month. Fourth, "30 days to end a month-to-month tenancy" is only one rung of the ladder: NRS 40.251 sets 7 days for week-to-week tenancies, 30 days for other periodic tenancies, 5 days for tenancies at will, and 5 days where the tenant has failed to perform basic or contractual obligations under Chapter 118A — and a tenant who is 60 or older or has a disability may request 30 more days (NRS 40.251(2)). A fixed term, by contrast, ends without any notice at expiration (NRS 40.250). Fifth, the eviction-notice menu was compressed past accuracy: a lease-condition violation gets 5 days to perform or surrender under NRS 40.2516 (the statute says 5 days, not 5 judicial days), while the 3-day notice in NRS 40.2514 is a notice to surrender — not to cure — covering assignment or subletting contrary to the lease, waste, unlawful business, nuisance, and controlled-substance violations. Sixth, repair-and-deduct has a hard dollar test the old page never stated: NRS 118A.360 allows it only where the reasonable cost of compliance is less than $100 or one month's periodic rent, whichever is greater, after 14 days' written notice, and caps the landlord's liability at that same amount within any 12-month period. Seventh, the entry rule has a business-hours qualifier: NRS 118A.330(3) requires at least 24 hours' notice and entry only at reasonable times during normal business hours, unless the tenant expressly consents to shorter notice or nonbusiness-hours entry for that particular entry. Eighth, the old page's open question about source-of-income protection is now answered: source of income is not in the protected-class list of the Nevada Fair Housing Law, NRS 118.100, whose classes are stated verbatim in the discrimination section below — do not promise applicants a statewide protection the statute does not contain, and check local ordinances separately. Ninth, two superlatives are deleted as unverifiable: no statute calls Nevada's deposit cap "the largest in the country," and no source on this page supports a "3–6 week" uncontested-eviction timeline — both are removed rather than repeated. Tenth, the page predated the 2025 Legislature entirely: rent must now be stated as a single figure including mandatory fees (NRS 118A.200(6)–(8)), the landlord must offer at least one fee-free payment method that does not require bank-account information (NRS 118A.303), and application fees must be refunded when the landlord rents to someone else without doing the work the fee paid for — with no application, credit-report, or background-check fees at all for a minor household member (NRS 118A.306).

Disclaimer: this is general information, not legal advice. Nevada eviction practice runs through justice courts with local forms and local filing practice; consult a Nevada landlord-tenant attorney for your situation.

Nevada's numbers — a 3-month deposit cap, a 5% late-fee cap, 7 judicial days on nonpayment — match almost no other state, and two of its payment rules changed in 2025. The 50-State Landlord Law Dataset (CSV + JSON) ($29) puts all 50 states' deposit caps, return deadlines, damage multipliers, and entry-notice rules in one searchable spreadsheet so you can compare and comply without re-reading statutes.

At a glance

RuleNevada requirementCitation
Deposit capDeposit, surety bond, or combination — including last month's rent — may not exceed 3 months' periodic rentNRS 118A.242(1)
Deposit returnItemized written accounting plus any remaining portion within 30 days after termination of the tenancy, handed to the tenant where rent is paid or mailed to the present or last known addressNRS 118A.242(4)
Lawful deposit claimsOnly amounts reasonably necessary for rent defaults, tenant-caused damage other than normal wear, and reasonable cleaning costsNRS 118A.242(4)
Deposit penaltyFailure or refusal to return the remainder within 30 days: damages equal to the entire deposit, plus a court-fixed sum of up to another entire depositNRS 118A.242(6), (7)
Nonrefundable labelsVoid, except an agreement for a nonrefundable cleaning charge in a reasonable amountNRS 118A.242(8)
Late feeReasonable, in the rental agreement; no more than 5% of periodic rent; none until at least 3 calendar days after the due date (tenancies longer than week-to-week); no pyramidingNRS 118A.210(4)
Rent increaseWritten notice 60 days in advance, or 30 days for a periodic tenancy of less than 1 month, before the first increased paymentNRS 118A.300
Rent stated as one figureEvery listing of rent in the agreement must be a single figure: the maximum total periodic rent including mandatory feesNRS 118A.200(6)–(8)
Payment methodAt least one method of paying rent or other charges with no fee and no bank-account information requiredNRS 118A.303
Application feesRefund if the unit is rented to another applicant and the paid-for work was never done; no screening fees for a minor household memberNRS 118A.306
EntryTenant may not unreasonably withhold consent for listed purposes; otherwise at least 24 hours' notice, reasonable times during normal business hours; no notice in an emergencyNRS 118A.330
HabitabilityLandlord must maintain the unit in a habitable condition at all times during the tenancy; nine statutory componentsNRS 118A.290
Habitability remedyWritten notice; landlord remedies or uses best efforts within 14 days, or the tenant may terminate, recover actual damages, seek court relief, or withhold rent without late feesNRS 118A.355
Repair and deductOnly if reasonable cost is less than $100 or one month's rent, whichever is greater; 14 days' written notice; same cap per 12-month periodNRS 118A.360
Essential items or servicesWritten notice; landlord remedies or uses best efforts within 48 hours (excluding Saturday, Sunday, or a legal holiday) or the tenant may procure and deduct, recover damages, withhold rent, or procure substitute housingNRS 118A.380
Lockout / service interruptionTenant may recover possession, proceed under the essential-services section, or terminate, plus actual damages and a court-fixed amount up to $2,500NRS 118A.390
Periodic terminationChapter 118A dwellings: 7 days week-to-week, 30 days other periodic tenancies; 5 days for failure to perform basic or contractual obligationsNRS 40.251(1)(b)
Older / disabled extensionA periodic tenant 60 or older or with a disability may request 30 additional days in writing, with proof, except on the 5-day obligations trackNRS 40.251(2), (5)
Fixed termTenancy terminates without notice at expiration of the specified termNRS 40.250
NonpaymentUnlawful detainer after a written pay-or-surrender notice remains uncomplied with for 7 judicial days (residential real property)NRS 40.2512(1)(b)
Lease-condition violationWritten notice to perform or surrender; 5 days to perform and save the lease from forfeitureNRS 40.2516
Nuisance and related groundsAssignment or subletting contrary to the lease, waste, unlawful business, nuisance, or controlled-substance violations: 3 days' notice to surrenderNRS 40.2514
No shortening by contractAny agreement shortening the Chapter 40 notice periods is voidNRS 40.252
Possession only by court processNo recovery of possession except by a possession action, on surrender, or on abandonment — including by diminishing essential servicesNRS 118A.480
HoldoverWithout consent: action for possession, rent, and actual damages; with consent: periodic tenancy on the same termsNRS 118A.470
Abandoned propertySafe storage for 30 days; disposal only after reasonable efforts to locate the tenant, written notice of intent, and 14 more days; 5 days to retrieve essential personal effects after an eviction or lockoutNRS 118A.460
RetaliationNo termination, nonrenewal, rent increase, service decrease, or possession action in retaliation for the listed protected acts; remedies of NRS 118A.390 plus a possession defenseNRS 118A.510
Fair housing (state)Race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status, or sex — source of income is not in the state listNRS 118.020, 118.100

When the clocks actually start

Nevada runs two different day-counts, and mixing them up is the classic filing error. Most Chapter 118A clocks run on calendar days and say so or run from a stated event: the 30-day deposit return runs after termination of the tenancy (NRS 118A.242(4)); the late-fee grace rule counts 3 calendar days after the due date (NRS 118A.210(4)(a)); the habitability and repair-and-deduct cures run 14 days after receipt of the tenant's written notice (NRS 118A.355(1), 118A.360(1)); the essential-services cure runs 48 hours, except a Saturday, Sunday or legal holiday, after receipt (NRS 118A.380(1)). The Chapter 40 nonpayment clock, by contrast, runs on judicial days — court days, not calendar days — so weekends and legal holidays do not count: unlawful detainer requires the pay-or-surrender notice to remain uncomplied with for 7 judicial days after service for residential real property (NRS 40.2512(1)(b)), and the summary-eviction route measures the tenant's deadline as before the close of business on the seventh judicial day following the day of service (NRS 40.253(1)(a)). The expedited lockout remedy uses judicial days too: the tenant's verified complaint must be filed within 5 judicial days of the landlord's unlawful act, and the hearing follows not later than 3 judicial days after filing (NRS 118A.390(5)(a), (6)). Notice service itself is prescribed: written notices to the tenant under Chapter 118A are served in the manner provided by NRS 40.280, and written notices to the landlord may be delivered or mailed to the landlord's designated place of business or rent-receipt place and are effective from delivery or mailing (NRS 118A.190).

Worked example, weekday-verified: rent of $1,800 is due Sunday, March 1, 2026 and is not paid. You serve the written pay-or-surrender notice on Monday, March 2, 2026. Counting judicial days after service — Tuesday, March 3 (1), Wednesday, March 4 (2), Thursday, March 5 (3), Friday, March 6 (4), Monday, March 9 (5), Tuesday, March 10 (6), Wednesday, March 11 (7) — the tenant must pay or surrender before the close of business on Wednesday, March 11, 2026 on the summary route. Count the same notice in calendar days and you would file three days early, on a defective clock. See our eviction timeline calculator and the general eviction process guide.

How much can a Nevada landlord charge as a security deposit? (NRS 118A.242)

Section 118A.242 is the whole deposit code in one section: cap, surety-bond alternative, accounting, penalty, and the anti-waiver rule. For the deposit-only treatment, see our Nevada security deposit law guide.

What a missed deadline costs

NRS 118A.242(6) is two-tiered, and both tiers are measured on the entire deposit, not on the amount wrongfully withheld:

1. Tier (a). If the landlord fails or refuses to return the remainder of a security deposit within 30 days after the end of a tenancy, the landlord is liable to the tenant for damages in an amount equal to the entire security deposit; and

2. Tier (b). Plus a sum to be fixed by the court of not more than the amount of the entire security deposit, fixed after considering whether the landlord acted in good faith, the course of conduct between the parties, and the degree of harm to the tenant (subsection 7).

Worked example, weekday-verified: the tenancy terminates on Monday, March 2, 2026. Rent is $1,800 a month and the deposit held is $3,600 (2 months — within the $5,400 cap). Documented claims are $850 ($400 unpaid rent, $300 tenant-caused damage, $150 reasonable cleaning), so the balance of $2,750 plus the itemized accounting is due by Wednesday, April 1, 2026. If the landlord simply never sends it, the exposure under subsection (6) is the $3,600 tier-(a) amount plus up to another $3,600 under tier (b) — up to $7,200 in damages measured on the full deposit, on top of returning what is owed. Finally, two closing rules: a lease provision calling any deposit nonrefundable, or waiving or modifying the tenant's rights under the section, is void as contrary to public policy — the sole exception is an agreement for a nonrefundable charge for cleaning in a reasonable amount (subsection 8) — and the tenant's claim to the deposit takes precedence over the claim of any creditor of the landlord (subsection 9). Photo-document every unit at move-in and move-out; see our move-in/move-out inspection checklist.

Can a Nevada landlord raise rent freely, and what notice and fee rules apply?

The rental agreement itself (NRS 118A.200, 118A.220, 118A.230)

Required disclosures and paperwork duties

What must a Nevada landlord maintain to keep a rental habitable? (NRS 118A.290)

The landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition (NRS 118A.290(1)). A unit is not habitable if it violates housing or health codes concerning health, safety, sanitation, or fitness, or if it substantially lacks any of nine components:

1. Effective waterproofing and weather protection of roof and exterior walls, including windows and doors.

2. Plumbing facilities that conformed to applicable law when installed and are maintained in good working order.

3. A lawful water supply under the tenant's or landlord's control, capable of producing hot and cold running water, furnished to appropriate fixtures, and connected to a lawful sewage system maintained in good working order so far as the landlord controls it.

4. Adequate heating facilities that conformed to law when installed and are maintained in good working order.

5. Electrical lighting, outlets, wiring, and equipment that conformed to law when installed and are maintained in good working order.

6. An adequate number of appropriate garbage receptacles in clean condition and good repair at the start of the tenancy — and the landlord must arrange for removal of garbage and rubbish unless the parties agree otherwise in writing.

7. Building, grounds, and all areas under the landlord's control at the start of the tenancy, in every part clean, sanitary, and reasonably free 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.

Two fee and delegation rules complete the section. The landlord and tenant may agree that the tenant will perform specified repairs, maintenance, or minor remodeling only if the agreement is in good faith and does not diminish the landlord's duties to other tenants — and it is not good faith if the landlord had the duty, the tenant agreed only because the landlord refused to perform, and the tenant then pays for the landlord's own obligation (subsections 2–3). And the landlord may not charge the tenant any fee for performing repairs, maintenance, or other work that is the landlord's subsection-1 duty — expressly including a fee to cover a home-protection insurance deductible or copayment or a service-contract charge — except where the condition was caused by the tenant's own deliberate or negligent act or that of a household member or a guest with the tenant's consent (subsections 4–6). Passing the warranty deductible to the tenant is one of the most common Nevada lease charges, and the statute names it.

When can a Nevada landlord enter a rental unit? (NRS 118A.330, 118A.500)

When the landlord doesn't maintain: NRS 118A.355, 118A.360, and 118A.380

Nevada gives the tenant three distinct remedy tracks. They have different triggers, different clocks, and different menus — and proceeding under one can bar another for the same breach.

Track 1 — Habitability failure (NRS 118A.355)

Except as the chapter otherwise provides, if the landlord fails to maintain the unit in a habitable condition, the tenant must deliver written notice specifying each failure and requesting a remedy. If the failure is remediable and the landlord adequately remedies it — or uses best efforts — within 14 days after receipt, the tenant may not proceed under this section. If the landlord does not remedy a material failure or make a reasonable effort within that time, the tenant may:

The tenant may not proceed for a condition the tenant, a household member, or a guest caused, or where the landlord's inability to finish within 14 days is due to the tenant's refusal of lawful access. On termination, the landlord must return all prepaid rent and any recoverable deposit. Two notice shortcuts exist: the tenant may recover damages without first giving the section's notice if the landlord admits knowledge of the condition in court or has received written notice of it from a code-enforcement agency, and may withhold rent without that notice if the agency has given the landlord written notice of the condition and the landlord fails to remedy or attempt in good faith within the time the agency's notice prescribed. A landlord who ignores a code notice has, in effect, already received the only warning the withholding right requires.

Track 2 — Repair and deduct, with the dollar cap (NRS 118A.360)

This is the only true repair-and-deduct right in Chapter 118A, and it is narrower than its reputation:

Track 3 — Essential items and services (NRS 118A.380)

If the landlord is required by the agreement or the chapter to supply heat, air-conditioning, running water, hot water, electricity, gas, a functioning door lock, or another essential item or service and willfully or negligently fails to do so, causing the premises to become unfit for habitation, the tenant gives written notice specifying the breach. If the landlord does not adequately remedy the breach or use best efforts within 48 hours, except a Saturday, Sunday or legal holiday, after receipt, the tenant may, in addition to any other remedy:

Guardrails: a tenant who proceeds under this section may not also proceed under NRS 118A.350 and 118A.360 as to that breach; the withholding right requires the tenant to be current in rent when the written notice is given; the damages-without-notice and withholding-without-notice shortcuts mirror the habitability track (landlord admission, or agency written notice the landlord then fails to honor); and there are no rights under the section for a condition the tenant side caused. A dead furnace in January and a broken dishwasher are not the same legal event in Nevada — the first is Track 3 on a 48-hour clock, the second is Track 1 or 2 on a 14-day clock.

Lockouts and service shutoffs (NRS 118A.390, 118A.480)

The landlord shall not recover or take possession of the unit by action or otherwise — including by willfully diminishing or interrupting any essential item or service — except by a possession action or other proceeding where the right of possession is determined, where the tenant has surrendered possession, or where the tenant has abandoned the unit under NRS 118A.450 (NRS 118A.480). A landlord who instead unlawfully removes or excludes the tenant, blocks entry, or willfully interrupts an essential item or service faces NRS 118A.390: the tenant may recover immediate possession through the expedited procedure, proceed under the essential-services track, or terminate the agreement — and in addition to any other remedy may recover actual damages, an amount up to $2,500 fixed by the court, or both, with the court weighing good faith, the parties' course of conduct, and the degree of harm. On termination the landlord returns all prepaid rent and any recoverable deposit. The expedited route is fast by design: the tenant's verified complaint must be filed within 5 judicial days of the unlawful act or it is dismissed (other remedies survive), the hearing is held not later than 3 judicial days after filing, filing costs and fees are deferred for the tenant and assessed afterward against the party that does not prevail (subject to reduction or waiver), and the court may order restoration of the premises or services, award the subsection-1 damages, enjoin further violations, and hold the landlord in contempt. Changing the locks on a Friday does not buy a quiet weekend in Nevada; it buys a hearing the following week.

What notices are required to terminate a Nevada tenancy under Chapter 40?

Possession law lives in Chapter 40, and each ground has its own notice. Contract language cannot shorten any of them: it is unlawful to attempt by contract or other agreement to shorten the specified periods of notice, and any such agreement is void (NRS 40.252).

Fixed terms end by themselves (NRS 40.250)

A tenant who continues in possession after the expiration of the term is guilty of unlawful detainer, and in all cases where real property is leased for a specified term, the tenancy terminates without notice at the expiration of that term. No 30-day letter is a legal prerequisite to a holdover filing on a true fixed term — courtesy notice is good practice, but do not let anyone tell you the case fails without it. What the holdover tenant owes is governed by NRS 118A.470, below.

Periodic tenancies (NRS 40.251)

For a dwelling unit under Chapter 118A, the tenant is guilty of unlawful detainer when the tenant continues in possession without the landlord's consent after expiration of the term or its termination and expiration of a notice of:

or, on the separate obligations track, after a notice of at least 5 days where the tenant has failed to perform the tenant's basic or contractual obligations under Chapter 118A (NRS 40.251(1)(b)(2)). The general real-property ladder in subsection (1)(a) is the same 7/30 split, plus 5 days for tenancies at will. Two extension rights ride on the periodic-termination notice, and the notice itself must include a statement advising the tenant of them (subsection (5)):

A notice that omits the required extension statement is a defective notice on its face. Build the statement into the form, not into your memory.

Nonpayment — 7 judicial days (NRS 40.2512, 40.253)

A residential tenant is guilty of unlawful detainer when the tenant continues in possession after default in payment of any rent and after a written notice, requiring in the alternative payment of the rent or surrender of the premises, remains uncomplied with for 7 judicial days after service for real property other than commercial premises — 10 days for a mobile home lot, and 5 days for commercial premises (NRS 40.2512(1)). The notice may be served at any time after the rent becomes due; the statute sets no additional grace period before service (contrast the late fee, which cannot be imposed until 3 calendar days after the due date — the fee clock and the notice clock are different clocks). The shutdown exception applies here too: subsection 1 does not apply to a person who proves federal, tribal, or state worker (or household-member) status during a shutdown, except as NRS 118A.315 provides.

Alongside the unlawful-detainer remedy, NRS 40.253 supplies the summary eviction route for a dwelling, apartment, mobile home, or recreational vehicle with rent reserved by the month or a shorter period: the landlord or agent serves a written notice requiring payment or surrender before the close of business on the seventh judicial day following the day of service — or, only where the landlord elects that track, rent is reserved by a period of 1 week or less, and the tenancy has not continued more than 45 days, at or before noon of the fourth full day following the day of service. "Day of service" is defined with care: the day of personal delivery to the tenant, or, where personal service was not made, the day the notice is delivered by posting and mailing to the sheriff or constable for service if the request is made before noon — the next day if the request is made after noon. In the possession action itself, the tenant may defend and counterclaim for anything recoverable under the agreement, the chapter, or other applicable law; the court may require a tenant who remains in possession to deposit a just and reasonable amount — not more than 1 day's rent for each day until the new hearing date — order payment of undisputed rent, and award each party what is due (NRS 118A.490). Full process: how to evict a tenant.

Lease-condition violations — 5 days to perform (NRS 40.2516)

A tenant is guilty of unlawful detainer when the tenant continues in possession after neglecting or failing to perform any condition or covenant of the lease (other than the grounds covered by NRS 40.250 to 40.254) and after a written notice requiring, in the alternative, performance of the condition or surrender of the property, served on the tenant (and on any subtenant in actual occupation), remains uncomplied with for 5 days after service. Within those 5 days the tenant, a subtenant in actual occupation, a mortgagee of the term, or another interested person may perform the condition and save the lease from forfeiture. If the violated covenant cannot afterwards be performed, no notice need be given. The landlord's recovery route is NRS 40.254 or the unlawful-detainer provisions at NRS 40.290 to 40.420. Note the count: this section says 5 days, not 5 judicial days — the judicial-day count belongs to the nonpayment sections, and importing it here extends a cure period the statute did not grant, just as importing calendar days into nonpayment shortens one it did.

Nuisance and the 3-day surrender grounds (NRS 40.2514)

A tenant is guilty of unlawful detainer — after service of 3 days' notice to surrender — when the tenant:

1. Assigns or sublets the premises contrary to the covenants of the lease;

2. Commits or permits waste;

3. Sets up or carries on an unlawful business;

4. Suffers, permits, or maintains a nuisance — defined in the section as conduct or an ongoing condition that is an unreasonable obstruction to the free use of property and causes injury and damage to other tenants or occupants of that property or adjacent buildings or structures; or

5. Violates the controlled-substance provisions of NRS 453.011 to 453.552 (other than NRS 453.336) on the premises.

This is a surrender notice, not a cure notice: the section gives no perform-and-save language comparable to NRS 40.2516. Pleading an ordinary lease violation on the 3-day track, or a nuisance on the 5-day track, misstates the tenant's rights and risks the filing.

Holdover (NRS 118A.470)

If the tenant remains in possession without the landlord's consent after expiration of the term or its termination, the landlord may bring an action for possession and for rent, and may also recover actual damages. If the landlord consents to the continued occupancy, the tenancy is week-to-week for a weekly payer and month-to-month in all other cases, on the same terms and conditions as the expired agreement unless specifically agreed otherwise. Accepting rent after expiration without paper is how accidental month-to-month tenancies are made in Nevada — if you consent, say on what terms, in writing.

Early termination rights the lease cannot override

Abandonment and property left behind (NRS 118A.450, 118A.460)

What counts as illegal retaliation by a Nevada landlord? (NRS 118A.510, 118A.515)

Except as subsection 3 provides, the landlord may not, in retaliation, terminate a tenancy, refuse to renew, increase rent, decrease essential items or services required by the agreement or the chapter, or bring or threaten to bring a possession action, if (NRS 118A.510(1)):

A tenant facing a violation of subsection 1 has the remedies of NRS 118A.390 and a defense in any retaliatory possession action. The landlord does not violate the section where the code violation the tenant complained of was caused primarily by the tenant side's lack of reasonable care; where the tenancy is terminated with cause; where a citation requires alteration, remodeling, or demolition that cannot be done unless the unit is vacant; or where a rent increase applies uniformly to all tenants — and maintaining an action on those grounds does not stop the tenant from seeking damages or injunctive relief for the landlord's own noncompliance. Separately, NRS 118A.515 bars adverse action based solely on a tenant's request for emergency assistance and provides that such a request may not itself be deemed a nuisance, subject to the section's exceptions and remedies. Document the independent, pre-existing business reason for every termination, increase, and filing that follows a complaint by more than a few days; in a retaliation defense, the timeline is the argument.

Discrimination: federal law and the Nevada Fair Housing Law

The Nevada Fair Housing Law (NRS 118.010 to 118.120) declares it the policy of the State that all people have equal opportunity to lease and hold real property without discrimination because of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex (NRS 118.020). In the rental context, NRS 118.100 makes it unlawful, because of any of those characteristics, to refuse to rent or negotiate or otherwise make a dwelling unavailable; to discriminate in terms, conditions, or privileges — the section expressly includes the amount of deposits or other penalties; to print or publish a notice, statement, or advertisement indicating a preference, limitation, or discrimination; to represent that a dwelling is unavailable when it is available; to induce a sale or rental for profit by representations about the entry of persons of a listed class into the neighborhood; or to coerce, intimidate, threaten, or interfere with anyone exercising or encouraging fair-housing rights. The definition of "dwelling" carries the familiar small-owner contours (a single-family house sold or rented by an owner of no more than three such houses without a licensed broker's services, and owner-occupied units in dwellings of no more than four families, sit outside the state definition) — read NRS 118.060 before assuming an exemption, and remember the federal Fair Housing Act (42 U.S.C. §§ 3601 et seq.) applies on its own terms alongside the state law.

Three Nevada specifics deserve emphasis. First, the state list is broader than the federal list — it adds ancestry, sexual orientation, and gender identity or expression — and narrower in one conspicuous place: source of income is not a Nevada Fair Housing Law class. The previous version of this page left that as an open question with a question mark; the statute answers it. An applicant's voucher or subsidy status is not, standing alone, a state fair-housing class in Nevada — which is not the same as permission to apply a rule unevenly: a screening criterion applied because of a listed class, or applied to one applicant and waived for another, is still discrimination under NRS 118.100 and federal law. Second, disability duties are affirmative: NRS 118.101 protects a person with a disability making reasonable modifications at the person's own expense where needed for use of the dwelling, and NRS 118.105 bars a landlord from refusing to rent because a person with a disability who will reside in the unit will keep an animal that provides assistance, support, or service — assistance animals are not pets, and pet rent, pet fees, and pet deposits do not attach to them. Third, a fair-housing violation follows the landlord into eviction court: NRS 118.115 addresses the effect of a violation of state or federal law in a possession proceeding, NRS 118.120 provides actions for injunction or damages, and complaints go to the Nevada Equal Rights Commission (NRS 118.110) as well as to HUD under federal law. Run every listing through our Fair Housing Ad Checker before it goes live.

What the Legislature has — and has not — done

Small-landlord practical checklist

1. Count the deposit all-in. Deposit + bond + last month's rent together stay at or under 3 months' periodic rent (NRS 118A.242(1)).

2. State rent as one figure. Every rent listing and every agreement reference is the single maximum total, mandatory fees included (NRS 118A.200(6)–(7)).

3. Use a conforming written agreement. All 15 required subject areas, the signed inventory-and-condition record, the code-reporting and flag/religious-items information — and, for a self-managed single-family rental, the oversized first-page disclosure (NRS 118A.200(3)–(4)).

4. Offer a fee-free payment route that needs no bank-account information, and identify any portal fee in the agreement (NRS 118A.303).

5. Refund screening fees you never used, and never charge a screening fee for a minor household member (NRS 118A.306).

6. Impose the late fee by the statute, not the lease alone: in the agreement, reasonable, at or under 5% of periodic rent, never before 3 calendar days after the due date, never pyramided (NRS 118A.210(4)).

7. Serve increase notices on the split clock — 60 days, or 30 for a periodic tenancy under 1 month — in writing, before the first increased payment (NRS 118A.300).

8. Give 24 hours and stay in business hours for every non-emergency entry, unless the tenant expressly consents otherwise for that entry; log it (NRS 118A.330(3)).

9. Run the right remedy clock: 14 days and best efforts on habitability and repair-and-deduct, 48 hours (skipping weekends and holidays) on essential items and services — and never charge the tenant for your own habitability work, deductibles included (NRS 118A.290(4), 118A.355, 118A.360, 118A.380).

10. File, never self-help. Match the notice to the ground — 7 judicial days nonpayment, 5 days perform-or-surrender, 3 days surrender on the NRS 40.2514 grounds, 7/30 days periodic, no notice on a true fixed-term expiration — include the age/disability and shutdown extension statement on periodic-termination notices, and take possession only through the court, on surrender, or on true abandonment (NRS 40.250–40.253, 118A.480).

The bottom line

Nevada rewards precision and punishes improvisation. Its deposit system is generous in size (3 months, all-in) and severe in consequence (a missed 30-day return is measured against the entire deposit, twice over). Its fee system is capped twice — once by percentage (5%) and once by time (3 calendar days) — and its newest rules police how rent is stated and collected, not just how much it is. Its eviction system turns on choosing the right notice for the ground and counting it in the right kind of days. Landlords who paper the file — conforming agreement, single-figure rent, dated notices, itemized accountings, entry logs — will find Nevada fast and workable. Landlords who rely on superlatives from older guides will find the statutes less forgiving than the guides were.

FAQ

What is the security deposit cap in Nevada?

Three months' periodic rent in total. Under NRS 118A.242(1), a security deposit, a surety bond, or a combination of the two — including the last month's rent — may not exceed 3 months' periodic rent in amount or value. Labels do not matter; the combined total does. Check a planned deposit against Nevada's three-month cap with the Security Deposit Max Checker, which returns a compliant or over-the-limit verdict for the amount and state you enter.

How long does a Nevada landlord have to return a security deposit?

Thirty days after termination of the tenancy. NRS 118A.242(4) requires an itemized, written accounting of the disposition plus return of any remaining portion within that period, handed to the tenant at the place where rent is paid or mailed to the tenant's present or last known address. Lawful claims are limited to rent defaults, tenant-caused damage other than normal wear, and reasonable cleaning costs.

What is the penalty for a late security deposit return in Nevada?

Damages measured on the entire deposit, in two tiers. Under NRS 118A.242(6), a landlord who fails or refuses to return the remainder within 30 days is liable for (a) an amount equal to the entire security deposit, plus (b) a court-fixed sum of up to another entire deposit, set after considering good faith, the parties' course of conduct, and the degree of harm (subsection (7)). On a $3,600 deposit, that is up to $7,200 in damages, in addition to returning what is owed.

How much can a Nevada landlord charge as a late fee?

At most 5% of the periodic rent — and only under three more conditions in NRS 118A.210(4): the fee must be reasonable and set forth in the rental agreement; in a tenancy longer than week-to-week it cannot be charged until at least 3 calendar days after the due date; and its maximum cannot be increased because a late fee was previously imposed. On $1,800 rent, the ceiling is $90 every month, not $90 and then more.

How much notice is required before a rent increase in Nevada?

Written notice served 60 days in advance of the first increased payment — or 30 days for a periodic tenancy of less than 1 month (NRS 118A.300). There is no state cap on the size of the increase, but the rent, however increased, must be stated in the agreement as a single figure including mandatory fees (NRS 118A.200(6)).

How much notice ends a Nevada month-to-month tenancy?

Thirty days for a Chapter 118A dwelling on a periodic tenancy other than week-to-week (7 days week-to-week) under NRS 40.251(1)(b), after expiration of the term or its termination. The notice must advise the tenant of the extension rights: a tenant 60 or older or with a disability may request 30 additional days in writing with proof (NRS 40.251(2)), and a covered shutdown worker may request possession through 30 days after the shutdown ends (subsections (3)–(4)). A fixed term needs no termination notice at all — it ends at expiration (NRS 40.250).

What notice is required for nonpayment of rent in Nevada?

A written notice requiring, in the alternative, payment of the rent or surrender of the premises, which must remain uncomplied with for 7 judicial days after service for residential real property (NRS 40.2512(1)(b)); the summary-eviction route sets the deadline as before the close of business on the seventh judicial day following the day of service (NRS 40.253(1)(a)). Judicial days exclude weekends and legal holidays — count court days, not calendar days. The notice may be served as soon as rent is due; the 3-calendar-day wait applies to the late fee, not to the notice.

What notice is required for a lease violation in Nevada?

It depends on the violation. An ordinary failure to perform a lease condition or covenant gets a written perform-or-surrender notice under NRS 40.2516, with 5 days to perform and save the lease from forfeiture. The NRS 40.2514 grounds — assigning or subletting contrary to the lease, waste, unlawful business, nuisance as the section defines it, and controlled-substance violations — get 3 days' notice to surrender, with no perform-and-save language. Failure to perform basic or contractual obligations under Chapter 118A also supports the 5-day notice track in NRS 40.251(1)(b)(2).

How much notice must a Nevada landlord give before entering?

At least 24 hours' notice, with entry only at reasonable times during normal business hours, unless the tenant expressly consents to shorter notice or nonbusiness-hours entry for that particular entry (NRS 118A.330(3)). No notice is required in an emergency (subsection (2)), and the tenant may not unreasonably withhold consent for inspections, necessary or agreed repairs and services, and showings to persons with a bona fide interest (subsection (1)).

Can a Nevada tenant repair and deduct?

Yes, within a hard dollar cap. Under NRS 118A.360, repair-and-deduct is available only where the reasonable cost of compliance is less than $100 or one month's periodic rent, whichever is greater, the tenant has given the required habitability notice, and the landlord has failed to use best efforts to comply within 14 days after written notice (sooner in an emergency). The work must be workmanlike, an itemized statement must be submitted, the deduction cannot exceed the cap, and the landlord's liability under the section is limited to that same amount within any 12-month period. Habitability failures more broadly are handled under NRS 118A.355, and essential-item failures under NRS 118A.380.

Can a Nevada landlord change the locks or shut off utilities to force a tenant out?

No. NRS 118A.480 bars recovering possession except by a possession action, on surrender, or on abandonment — expressly including by willfully diminishing or interrupting an essential item or service. A tenant subjected to an unlawful removal, exclusion, or willful interruption may use NRS 118A.390: immediate possession through an expedited verified complaint (filed within 5 judicial days, heard within 3 judicial days), termination, actual damages, and a court-fixed amount of up to $2,500.

Does Nevada law protect tenants against source-of-income discrimination?

Not under the state fair housing statute verified for this guide. The protected classes in NRS 118.020 and NRS 118.100 are race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status, and sex — source of income is not among them. Federal law likewise contains no general source-of-income class. Check local ordinances before acting either way, and never apply any screening rule unevenly across applicants.

Primary sources

All sources were read in the official text published by the Nevada Legislature for this verification, except where a federal source is noted.

More landlord-tenant law guides

This is general information, not legal advice. Consult a Nevada landlord-tenant attorney for specific situations.

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