Tenant’s Rights

Personal Property Left Behind After Eviction

Personal property left behind after eviction in Nevada is governed by the provisions of Nevada Revised Statutes (NRS) Section 118A.460 and 118A.480. Following a lawful eviction, if a tenant leaves personal property behind, the landlord must provide written notice detailing the abandoned items and how the tenant can claim them. This notice should be sent via registered or certified mail, and also posted conspicuously on the premises.

The landlord is required to store the abandoned property for a period of 14 days. If the tenant makes a reasonable effort to recover their belongings within this period, the landlord must release the property. If the tenant does not claim the property within this timeframe, the landlord is allowed to sell or dispose of it. If the property’s total value exceeds $700, the landlord may sell it at a public auction after providing additional notice. Any proceeds from the sale after deducting costs of sale and storage fees can be claimed by the tenant for up to 30 days after the sale.

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Repairs and Fixes (Habitability Problems)

Repairs and Fixes, or addressing Habitability Problems, in Nevada are governed by robust landlord-tenant laws designed to protect both parties. Under Nevada Revised Statutes (NRS), landlords are obligated to maintain rental properties in habitable conditions, ensuring basic necessities like plumbing, heating, sanitation, weatherproofing, and clean common areas. If these standards are breached, tenants can take several actions, such as withholding rent, making repairs and deducting the cost from rent, or even breaking the lease, provided specific conditions are met. Nonetheless, tenants must properly notify landlords about these issues, typically in writing, before taking action.

Legal Aid organizations in Nevada offer resources for understanding these rights and responsibilities, and local housing authorities can assist with serious disputes or violations. It’s important to note that retaliatory actions by landlords against tenants exercising their rights are prohibited under Nevada law. Navigating repairs and fixes in Nevada may appear complex, but the system is ultimately designed to uphold habitable living conditions for all tenants.

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Security Deposit and Other Deposits

In Nevada, landlords and tenants’ transactions often involve several types of deposits. Most prominent is the Security Deposit. Under Nevada Revised Statutes (NRS 118A.242), a landlord cannot charge more than 3 months’ rent for a security deposit. This deposit is designed to cover potential property damage beyond ordinary wear and tear.

The security deposit may also be used to clean the rental unit after the tenant moves out, to bring the property back to the condition it was in at the beginning of the tenancy, again barring ordinary wear and tear. Importantly, the landlord must provide an itemized list of damages and the cost of repairs to the tenant within 30 days of termination of the tenancy, and return any remaining deposit.

Apart from the security deposit, landlords may require other deposits, like a pet deposit, to cover potential damage caused by a tenant’s pet. The total amount, including these additional deposits, must not exceed the 3 months’ rent limit.

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Breaking Your Lease

Breaking your lease in Nevada involves navigating the Nevada Revised Statutes, specifically Chapter 118A – Landlord and Tenant. It requires careful consideration as it may lead to legal and financial repercussions. Tenants can break a lease legally if they’re starting active military duty, a victim of domestic violence, or if the dwelling is inhabitable. Alternatively, a tenant can negotiate with the landlord for an early termination agreement or find a suitable replacement tenant to avoid penalties. If the lease is broken unlawfully, the landlord can withhold the security deposit, charge for unpaid rent or sue for damages.

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Foreclosure Evictions

Foreclosure evictions in Nevada are legally structured proceedings that take place when a homeowner in the Silver State fails to meet their mortgage obligations. In Nevada, the process is usually non-judicial and commences when the lender records a Notice of Default (NOD) at the county recorder’s office, giving the homeowner a 90-day window to make amends. If the loan isn’t remedied within this grace period, the property is auctioned off. Upon sale, the homeowner is usually issued a three-day Notice to Quit. If the homeowner does not vacate, the new owner may file an unlawful detainer lawsuit, triggering the eviction process. This process is regulated by Nevada Revised Statutes and is intended to balance the rights of homeowners with the economic interests of lenders. It’s important to note that specific rules can change over time and legal assistance should be sought when dealing with foreclosure evictions.

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Reasonable Accommodation for Disability

Reasonable Accommodation for Disability in Nevada state is a pivotal legal requirement designed to ensure equal opportunity and fairness for individuals with disabilities. Under both federal and Nevada state law, employers, housing providers, and public services are obligated to modify or adjust the work or living environment, procedures, or policies to enable individuals with disabilities to participate fully. Examples of such accommodations might include physical modifications to the workspace or residence, provision of assistive technology, modified work schedules, or job re-structuring. The accommodations should not impose an undue hardship on the entity providing them, a definition that varies on a case-by-case basis. Nevada’s legal structure affirms that the dignity, independence, and potential of every individual must be respected and supported, irrespective of their disability status.

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Landlord Discrimination, Harassment, Retaliation or Entering the Leased Dwelling

Discrimination is illegal under federal and Nevada state laws, which prevent landlords from treating prospective or existing tenants unfavorably due to their race, color, religion, sex, disability, familial status, or national origin. In Nevada, discrimination on the basis of sexual orientation, gender identity, or expression is also unlawful.

Harassment involves a landlord engaging in behavior that interferes with a tenant’s right to quiet enjoyment of their rental unit. This could include overly intrusive landlord behaviors, repeated unwarranted inspections, refusal to make necessary repairs, or any behavior intended to annoy, intimidate, or drive the tenant from the property.

Retaliation in Nevada involves a landlord taking adverse action against a tenant because they have exercised a legal right, such as complaining about unsafe or unsanitary living conditions, joining a tenant’s union, or taking legal action against the landlord. Retaliatory actions may include sudden rent increases, eviction notices, or decreased services.

Unauthorized entry refers to a landlord entering the leased property without proper notice or without the tenant’s consent, except in emergency situations. In Nevada, landlords must generally provide at least 24 hours’ notice before entering a tenant’s unit, unless it is an emergency, the tenant has abandoned the property, or the tenant and landlord have agreed to a shorter notice period.

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Noisy Neighbors

Noisy Neighbors is an eccentric yet endearing community group based in the heart of the Silver State. Known for their vibrant energy and contagious camaraderie, this eclectic mix of Nevadans engage in various activities and events that, true to their name, often lead to raising the decibel levels around. From lively street parades to boisterous barbecues, impromptu music festivals to uproarious game nights, they embody the essence of community spirit and Nevada’s dynamic ethos. Despite their noise, they always strive to maintain a respectful balance between their lively antics and their neighbors’ tranquility. Committed to fostering local culture, Noisy Neighbors in Nevada embrace their desert backdrop while infusing it with a pulsating soundtrack of joy and unity.

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Raising Your Rent

Raising Your Rent encompasses the legislative and practical aspects of increasing rental costs in the state of Nevada. Under the state’s laws, landlords must provide at least a 45-day notice for weekly tenants and a 30-day notice for monthly tenants if they plan to raise the rent. This should be done in writing, outlining the new rent amount and the effective date. The landlord can’t raise the rent as a retaliatory act or as a form of discrimination. Understanding these guidelines can help both landlords and tenants navigate the potentially complex issue of rent increases, ensuring fairness and legality in the process.

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Rental Payment Receipt

A Rental Payment Receipt is a critical document for both landlords and tenants, serving as a concrete acknowledgment of rent payments. This document, which is highly advised to be issued for each payment, includes detailed information such as the landlord and tenant’s names, property address, payment date, payment amount, and method of payment. In Nevada, such a receipt can offer legal protection, helping to resolve disputes about paid and unpaid rents. Additionally, it aids in maintaining an accurate record of rental transactions for financial and tax purposes. The rental receipt is not mandated by Nevada state law for every transaction, but it’s compulsory upon a tenant’s request.

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Housebreaking Law

The Housebreaking Law in Nevada, also commonly referred to as “Burglary Law”, is specifically codified in Nevada Revised Statutes (NRS) 205.060. This law states that a person is guilty of burglary, a category B felony, if they enter any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider, boat or railroad car, with the intent to commit grand or petit larceny, assault or battery on any person or any felony, or to obtain money or property by false pretenses. The penalties can be severe, ranging from 1 to 10 years in prison, or a fine up to $10,000, or both. If a deadly weapon is involved or if the person in possession of a firearm at any time during the commission of the crime, the penalties can escalate significantly.

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