What are Your Renters Rights in Nevada Against Rental Increases?

Do you feel as if your landlord is taking advantage of you when it comes to increasing your rent? You should know there are no rent control laws in the state of Nevada. Find out more. Over the last few years, there has been a huge increase of new businesses and even new residents in the Sparks/Reno area.

With this increase, landlords are fixing up their rental properties which is hastily driving up property taxes and property values. This is leading to higher rental prices for these new and improved rental units.

Today we are going to briefly dive deeper into Chapter 118A, which talks about the rental increases in dwellings and Chapter 118B, which talks about mobile home parks.

Chapter 118A and Rental Increases

If the dwelling is listed under Chapter 118A, the landlord is required by law to give you 45 days written notice of them increasing your rent.

However, if you are in a lease with your landlord, by law they are not allowed to increase your rent until the term of the lease has expired. When the lease is about to expire, they still have 45 days to send you a written notice of the new rental rate that will be applied when their lease officially expires.

If you only stay month to month with your landlord, then he or she is only obligated to give you 15 days written notice of the new rental rate.

You should also note that your landlord will not be allowed to increase your rent in retaliation against you. For instance, if you reported your landlord because he or she is violating the health code, your landlord cannot turn around and jack up your rent because you got them in trouble.

If you are unsure if your landlord is raising your rent in retaliation against you, it is best to consult an attorney who can help you figure out what is going on in your situation.

Average Rent in Nevada

The average rent in Nevada can vary significantly depending on the city, neighborhood, property type, and other factors. To gain a better understanding of rental costs across the state, let’s explore the average rent in different regions and factors that influence these figures.

Statewide Average Rent

The statewide average rent in Nevada for all property types was around $1,323 per month. However, it’s essential to note that these figures can change over time due to fluctuations in the rental market.

Average Rent in Major Cities

a. Las Vegas: Being the largest city in Nevada, Las Vegas has a diverse rental market. The average rent in Las Vegas can range from approximately $1,200 to $1,500 per month, depending on factors such as location and property size.

b. Reno: As another prominent city in Nevada, Reno has a relatively high average rent due to its popularity and growing economy. The average rent in Reno is around $1,400 to $1,700 per month.

c. Henderson: A suburb of Las Vegas, Henderson has experienced rapid growth in recent years. The average rent in Henderson is comparable to Las Vegas, ranging from $1,200 to $1,500 per month.

Factors Influencing Rent

Several factors contribute to the variations in rent prices across Nevada:

a. Location: Rental prices can significantly differ based on the city, neighborhood, and proximity to amenities, transportation, and job centers.

b. Property Type: Rent for single-family homes, apartments, townhouses, and condos can vary based on demand and supply.

c. Local Economy: Cities with robust job markets and a growing economy often experience higher rents due to increased demand.

d. Seasonal Trends: Tourist-centric cities like Las Vegas may see fluctuations in rental prices depending on the tourist season.

How Much Can a Landlord Raise Rent in Nevada?

As of right now, the state of Nevada does not have rent control laws.

What does this mean to you as a tenant?

This means that your landlord is permitted to increase your rent as much as they want. However, most of the landlords will only increase it to market value, to get the most money. If you find that your landlord wants to increase your rent over market value, you can either stay and pay or you can leave.

Landlords that do this tend to end up with empty units as no one will be able to afford their place. This is just one of the downsides of Nevada not having rental increase laws.

Chapter 118B and Renters Rights in Nevada

Now, Chapter 118B is going to be about mobile home and mobile home parks. If your landlord in the mobile home park wants to increase your rent, they will be required to give you at least a 90-day notice before they can legally increase your rent.

The notice that the mobile home landlord gives you will either need to be hand-delivered to you or mailed to you via first-class mail.

If the Fund for Low-Income Owners of Manufactured Homes gives your assistance, then not only do they have to send you a written notice, but they will also have to give the administrator the 90-day notice as well.

All rent increases in a mobile home park will have to go right across the board with all the same lot sizes. For instance, if you are in a double-wide lot, you will be charged the same as all other people who are in double-wide lots. They all cannot be different rates for the same thing. The only time they can be different is if the lot is different in size.

Just like in Chapter 118A, a mobile park landlord cannot raise your rent in retaliation. Again, if you were to get them in trouble for not abiding by the law, they cannot come after you and raise your rent to get pay back. If they do, you will need to quickly contact a lawyer to get this situation sorted out.

Under Chapter 118B, mobile park landlords will not be permitted to cut off any amenities, utilities or services for any reason. If they choose to take away services, then by Chapter 118B they must reduce your rent accordingly to reflect you not having that service, utility, or amenity.

Case Studies Unveiling the Nature of Rental Increases in Nevada

To better understand rental increases in Nevada, we’ll consider several case studies that highlight various aspects of this process. These cases will offer invaluable insights into the intricacies of Nevada’s rental laws.

Nevada Rental Increase Case Study 1: The Unexpected Hike

In our first case, a tenant in Las Vegas experienced an unexpected rental increase. The tenant had been renting the same property for three years when they received a notice about a 20% increase in their monthly rent. Fortunately, under Nevada’s law NRS 118A.300, landlords are required to give a 45-day notice for rent increases if the tenancy has lasted for a year or more, and in this case, the landlord adhered to this requirement.

The landlord acted within their legal rights. However, this case study underscores the importance of understanding the rights and responsibilities of both tenants and landlords. Even though the increase was substantial, as long as the landlord gives a 45-day notice for rent increases, they are within the legal boundaries set by Nevada law.

This case emphasizes the importance of understanding your rights as a tenant in Nevada. Tenants should familiarize themselves with Nevada’s rental laws to ensure they are aware of the required notice period and the conditions under which a rent increase can be implemented.

Nevada Rental Increase Case Study 2: The Lease Agreement Loophole

In another instance, a Reno-based tenant found a significant increase in their rent at the renewal of their yearly lease. In this case, the landlord had included a clause in the lease agreement that allowed for an increase in rent upon renewal.

The landlord acted within their rights as the lease agreement, which the tenant had signed, included the rent increase clause. This scenario emphasizes the need for tenants to carefully review their lease agreements before signing.

This case study illustrates the necessity of thoroughly understanding lease agreements. If a lease agreement contains a clause about a rental increase, it’s entirely legal for a landlord to raise the rent. Therefore, tenants should be meticulous when signing these agreements and consider seeking legal advice if certain clauses are unclear.

Nevada Rental Increase Case Study 3: The Disproportional Increase

Our third case study involves a tenant from Henderson who received a notice for a rental increase that was significantly above the average rent in the area.

While Nevada law allows for rent increases, Nevada law NRS 118A.354 stipulates that an increase cannot be “unconscionable.” An unconscionable increase is a grey area in the law, but it generally means an increase that’s outrageously high compared to the average rent in the area.

This case serves as a reminder that while landlords can raise rents, they cannot do so to an unconscionable extent. Tenants who believe they are subjected to such increases should seek legal advice or contact the Nevada Real Estate Division.

Tips for Navigating Rental Increases in Nevada: A Guide for Landlords and Tenants

Rent hikes can be a complex issue for both tenants and landlords. Here are some useful tips to navigate these situations effectively and amicably in Nevada.

Essential Advice for Landlords Implementing a Rent Increase

For landlords, it’s critical to ensure that any rent increase complies with Nevada law and respects the rights of tenants. Here are some valuable tips:

  1. Adhere to Legal Guidelines: Before implementing a rent increase, landlords should familiarize themselves with Nevada’s legal guidelines, particularly NRS 118A.300 that mandates the requisite notice period.
  2. Reasonable Increase: Avoid imposing an ‘unconscionable’ increase. An unreasonable hike can lead to disputes and potential legal issues.
  3. Clear Communication: Inform your tenants about the increase in a clear, respectful manner. Provide written notice that clearly states the current and new rent amount, along with the effective date.
  4. Open Dialogue: Be open to discussions with your tenants. If they express concerns about the increase, try to negotiate a solution that suits both parties.

Valuable Tips for Tenants Faced with a Rental Increase

For tenants, a rental increase can be a challenging event. Here are some tips to handle this situation effectively:

  1. Know Your Rights: Familiarize yourself with Nevada’s rental laws, including your rights and obligations when facing a rent increase.
  2. Examine Your Lease: Check your lease agreement for any clauses about rental increases. If you’re unsure about any points, consider consulting a legal expert.
  3. Evaluate the Increase: Compare the new rent with average rental prices in your area. If the increase seems excessive, consult with the Nevada Real Estate Division or a legal professional.
  4. Open Negotiation: If you feel the increase is unfair or unaffordable, don’t hesitate to discuss it with your landlord. Many are open to negotiation.

The Importance of Open Communication in Rental Increase Situations

Open communication plays a critical role in managing rental increase situations. It encourages understanding and can help avoid conflicts.

For landlords, clear communication ensures that tenants fully understand the reasons behind the rent increase. For tenants, open communication allows you to express your concerns, ask questions, and potentially negotiate the increase.

Remember, rental increases are often a necessary aspect of property rental. However, both landlords and tenants have rights and responsibilities in these situations. With mutual respect, open communication, and a clear understanding of Nevada law, rental increases can be handled in a fair and straightforward manner.

How Can You Have Fixed Rent in Nevada?

Fixed rent, as the name suggests, refers to a situation where the amount of rent does not change over a specified period. This arrangement is often laid out in the terms of a fixed-term lease agreement, which generally lasts for one year but can be longer or shorter depending on the agreement between the landlord and tenant.

Steps to Secure a Fixed Rent

Achieving fixed rent in Nevada involves several key steps:

Negotiate a Fixed-Term Lease: At the beginning of a tenancy, negotiate a fixed-term lease with your landlord. Ensure the lease explicitly states the rent amount, and that this amount will remain fixed for the duration of the lease.

Review Lease Agreements Carefully: Be cautious of any clauses that allow the landlord to increase the rent during the lease term. It’s advisable to have a legal professional review the lease before signing.

Renew Leases Promptly: As the end of your lease approaches, initiate renewal discussions with your landlord. Try to secure a new fixed-term lease to maintain a steady rent.

Considerations and Drawbacks

While fixed rent can provide stability and predictability, it’s important to consider potential drawbacks:

  1. Limited Flexibility: With a fixed-term lease, you’re committed to staying in the property for the lease term, which can limit your flexibility if your circumstances change.
  2. Potential for Higher Initial Rent: Landlords may charge a higher initial rent if they agree to a fixed-term lease, to account for potential rent increases they can’t implement during the term.
  3. Rent Hikes at Renewal: When your lease expires, there’s a possibility of a substantial rent increase, especially if the local rental market has seen significant growth.

Rental Increase Refusals

At times, tenants may refuse a rent increase due to various reasons – financial hardship, perceived unfairness, or belief that the hike violates Nevada laws.

For Landlords: Handling Tenant Refusals

When a tenant refuses a rent increase, it’s essential to approach the situation with understanding and diplomacy. Here are some strategies for landlords:

  1. Communicate Openly: First, initiate a conversation with the tenant to understand their reasons for refusal. This step can provide clarity and open avenues for negotiation.
  2. Review Your Increase: Ensure that the rent increase aligns with Nevada’s laws and is not ‘unconscionable.’ If a tenant believes the increase is excessively high, they may refuse to pay.
  3. Consider Negotiation: If the tenant is facing financial difficulties, consider negotiating a smaller increase or creating a payment plan.
  4. Seek Legal Counsel: If a resolution cannot be reached, it may be necessary to seek legal advice. Eviction should be a last resort and must comply with Nevada’s eviction laws.

For Tenants: Responding to Rent Increases

For tenants, a refusal to accept a rent increase should be considered carefully, as it may lead to potential legal disputes or eviction. Here’s what tenants can do:

  1. Understand Your Lease: Review your lease agreement to understand the terms related to rental increases. If the increase aligns with your lease agreement and Nevada law, refusal may not be an option.
  2. Communicate Your Concerns: If you believe the increase is unjust or unaffordable, express your concerns to your landlord. They may be willing to negotiate.
  3. Consult a Legal Professional: If you believe the increase violates Nevada’s rental laws or your lease agreement, consult with a legal professional.
  4. Plan Accordingly: If the landlord insists on the increase and it’s legally justified, you may need to consider finding a more affordable place to live.

When Can an Increase in Rent Become Illegal?

While landlords in Nevada generally have the right to increase rent, certain situations could render such a hike illegal.

1. Increase Without Proper Notice

Per Nevada law NRS 118A.300, landlords must provide written notice at least 45 days in advance of a rent increase for tenancies of a year or more, or 15 days for tenancies of less than a year. If a landlord fails to provide proper notice, the rent increase could be considered illegal.

2. Increase During a Fixed-Term Lease

For fixed-term lease agreements, landlords generally can’t increase the rent during the lease term unless the agreement contains a specific clause allowing for such an increase. If a landlord attempts to raise the rent during a fixed-term lease without such a clause, the increase may be illegal.

3. Unconscionable Increase

While there’s no cap on rent increases in Nevada, an increase could be deemed unconscionable if it is excessively higher than average local rents, exploitative, or shocks the conscience. If a tenant believes a rent increase is unconscionable, they may challenge it in court.

4. Retaliatory or Discriminatory Increase

Under Nevada law NRS 118A.510, it is illegal for a landlord to raise rent as a form of retaliation against a tenant for exercising their legal rights, or as a form of discrimination based on race, color, religion, sex, age, disability, familial status, or any other protected class. If a tenant believes their rent was increased for either of these reasons, they should seek legal advice.

Frequently Asked Questions

1. How Much Notice Must a Landlord Give for a Rent Increase in Nevada?

Under Nevada law NRS 118A.300, a landlord is required to provide at least a 45-day notice for a rent increase if the tenancy has lasted for a year or more. For tenancies less than a year, the notice period is 15 days.

2. Is There a Maximum Amount a Landlord Can Raise Rent in Nevada?

No, Nevada law does not stipulate a maximum amount or percentage by which a landlord can raise the rent. However, the increase must not be “unconscionable,” meaning it should not be excessively above average rents in the area.

3. Can a Landlord Increase Rent for a Fixed-Term Lease in Nevada?

For fixed-term leases, the rent amount is usually fixed for the term of the lease. A landlord cannot increase rent during this period unless the lease agreement includes a clause allowing for a rental increase.

4. What Can a Tenant Do If They Cannot Afford the Rent Increase?

If a tenant cannot afford a rent increase, they can try to negotiate with their landlord. If unsuccessful and the rent increase notice period has been correctly given, the tenant may have to consider moving to a more affordable property.

5. Can a Landlord Increase Rent in Nevada as Retaliation or Discrimination?

No, it is illegal for a landlord to raise rent as a form of retaliation or discrimination under Nevada law NRS 118A.510. If a tenant believes this to be the case, they should seek legal advice.