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Breaking Your Lease

In most cases, breaking the lease would allow the landlord to sue you for unpaid rent and vacancy loss charge (the cost of re-renting the unit and loss of rent due to your vacancy).

Usually, criminal activity near your unit or even at your unit would not provide you a legal reason to move out. A common lease provision about safety or health is usually too vague to allow you to break your lease. Your landlord must have violated a specific part of the lease to warrant a legal reason to move out (for example, the lease requires a working gate for the complex, but the landlord has not fixed it for some time). If you believe your landlord has violated the lease, see Repairs and Fixes.

If your lease has an early move provision, you may be able to pay a certain penalty to move out. This lease provision is usually valid unless the penalty is disproportionate to the actual cost to the landlord.

NRS 118.175 requires the landlord to rerent the dwelling unit after you vacate and prohibits the collection of double rent(from you and the new tenant). The landlord can charge actual damages incurred until the dwelling is rerented. Turning in yourkeys or providing written notice are two ways to limit your liability and trigger the landlord’s duty to rerent.

 

Exception #1: Breaking Lease for Medical Treatment

Under NRS 118A.340, If you are 60 years or older, or you have a physical or mental disability, you may break your lease if you require relocation to receive treatment, such as moving to a group home. You should provide a written notice to your landlord, reference NRS 118A.340 and include a doctor’s note requiring you to move out. Note that this section only applies if you cannot possibly receive medical treatment at your current unit. For health problems associated with your unit, see Habitability.

 

Exception #2: Breaking Lease Due to Domestic Violence

Under NRS 118A.345, if you or your household member is a victim of domestic violence, you may terminate the lease at the end of the current rental period by giving the landlord written notice. The domestic violence event must have occurred within 90 days of the written notice. The tenant will need proof of the domestic violence either with an active temporary protective under, a police report stating domestic violence incident, or an affidavit by a physician, social worker, psychiatrist, or pastor. Your landlord cannot provide the domestic violence perpetrator with your new information.

You are only liable for rent owed through the date of termination and other outstanding obligations. The domestic violence perpetrator will be liable for all economic losses incurred by the landlord for you breaking your lease.