This information is prepared as an informational service only and should not be relied upon as official records of any kind The state law compiled, summarized, and linked to at this site is believed to have been accurate and up-to-date at the time it was created.  However, members are reminded that laws and regulations constantly change and, accordingly, we cannot make any representation, expressed or implied, that the information contained here is the very latest available, that it can be used without independent legal or professional advice, or that it would be interpreted in any particular way by any governmental agency or court.

118A.060 "Cause" defined.
118A.240 "Security" defined.
118A.242 Security
118A.430 Failure of tenant to comply or perform: Termination of rental agreement.
118A.440 Failure of tenant to perform basic obligations:
118A.480 Landlord's recovery of possession of dwelling unit.
118A.490 Actions based upon nonpayment of rent: Counterclaim by tenant;
40.220 Entry to be made only when legal and in peaceable manner.
40.230 Forcible entry defined.
40.240 Forcible detainer defined.
40.250 Unlawful detainer:
40.251 Unlawful detainer:
40.300 Contents of complaint;

118A.060 "Cause" defined. A tenancy is terminated with "cause" for:

1. Nonpayment of rent.
2. Nonpayment of utility charges if the landlord customarily pays such charges and submits a separate bill to the tenant.
3. Failure of the tenant to comply with:

(a) Basic obligations imposed on the tenant by this chapter;
(b) Valid rules or regulations established pursuant to this chapter; or
(c) Valid provisions of the rental agreement.

4. Condemnation of the dwelling unit. (Added to NRS by 1977, 1331) 118A.420 Failure of tenant to comply with rental agreement or perform basic obligations: Damages; injunctive relief. Except as otherwise provided in this chapter, the landlord may recover damages and obtain injunctive relief for failure of the tenant to comply with the rental agreement or perform his basic obligations under this chapter. (Added to NRS by 1977, 1341)

118A.240 "Security" defined.

1. Any payment, deposit, fee or charge that is to be used for any of the following purposes is "security" and is governed by the provisions of this section and NRS 118A.242 and 118A.244:

(a) Remedying any default of the tenant in the payments of rent.
(b) Repairing damages to the premises other than normal wear caused by the tenant.
(c) Cleaning the dwelling unit.

2. "Security" does not include any payment, deposit or fee to secure an option to purchase the premises. (Added to NRS by 1977, 1334; A 1981, 1184; 1985, 1414)

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:

(a) In an amount equal to the entire deposit; and
(b) 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:

(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) 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. (Added to NRS by 1977, 1334; A 1981, 1184; 1985, 1414) 118A.244 Notice or transfer of security to tenant and successor in interest required upon transfer of dwelling unit.

1. Upon termination of the landlord's interest in the dwelling unit, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or his agent shall, within a reasonable time, do one of the following, which relieves him of further liability with respect to the security:

(a) Notify the tenant in writing of the name, address and telephone number of his successor in interest, and that he has transferred to his successor in interest the portion of the security remaining after making any deductions allowed under NRS 118A.242.
(b) Return to the tenant the portion of the security remaining after making any deductions allowed under NRS 118A.242. The successor has the rights, obligations and liabilities of the former landlord as to any securities which are owed under this section or NRS 118A.242 at the time of transfer.

2. The landlord shall, before he records a deed transferring any dwelling unit:

(a) Transfer to his successor, in writing, the portion of any tenant's security deposit or other money held by him which remains after making any deductions allowed under NRS 118A.242; or
(b) Notify his successor in writing that he has returned all such deposits or portions thereof to the tenant. (Added to NRS by 1977, 1334 & 1985, 1413; A 1981, 1184; 1985, 1414)

118A.430 Failure of tenant to comply with rental agreement or perform basic obligations: Termination of rental agreement.

1. Except as otherwise provided in this chapter, if the tenant fails to comply with the rental agreement or fails to perform his basic obligations under this chapter, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate as provided in this section. If the breach is remediable and the tenant does not adequately remedy the breach or use his best efforts to remedy the breach within 5 days after receipt of the notice, or if the breach cannot be remedied, the landlord may terminate the rental agreement.
2. If the tenant is not reasonably able to remedy the breach, the tenant may avoid termination of the rental agreement by authorizing the landlord to enter and remedy the breach and by paying any reasonable expenses or damages resulting from the breach or the remedy thereof. (Added to NRS by 1977, 1341)

118A.440 Failure of tenant to perform basic obligations: Remedial work by landlord may be charged to tenant. If the tenant's failure to perform basic obligations under this chapter can be remedied by repair, replacement of a damaged item or cleaning, and the tenant fails to use his best efforts to comply within 14 days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time or more promptly if conditions require in case of emergency, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit the itemized bill for the actual and reasonable cost, or the fair and reasonable value of the work. The itemized bill shall be paid as rent on the next date periodic rent is due, or if the rental agreement has terminated, may be submitted to the tenant for immediate payment or deducted from the security. (Added to NRS by 1977, 1341)

118A.480 Landlord's recovery of possession of dwelling unit. The landlord shall not recover or take possession of the dwelling unit by action or otherwise, including willful diminution or interruption or causing or permitting the diminution or interruption of any essential service required by the rental agreement or this chapter, except:

1. By an action for possession or other civil action or summary proceeding in which the issue of right of possession is determined;
2. When the tenant has surrendered possession of the dwelling unit to the landlord; or 3. When the tenant has abandoned the dwelling unit as provided in NRS 118A.450. (Added to NRS by 1977, 1342)

118A.490 Actions based upon nonpayment of rent: Counterclaim by tenant; deposit of rent with court; judgment for eviction.

1. In an action for possession based upon nonpayment of rent or in an action for rent where the tenant is in possession, the tenant may defend and counterclaim for any amount which he may recover under the rental agreement, this chapter, or other applicable law. If it appears that there is money which may be due to the landlord by the tenant after the day of the hearing or if a judgment is delayed for any reason, the court shall require a tenant who remains in possession of the premises to deposit with the court a just and reasonable amount to satisfy the obligation, but not more than 1 day's rent for each day until the new hearing date. The court shall order the tenant to pay the landlord any rent which is not in dispute and shall determine the amount due to each party. Upon the application of either party, the court, after notice and opportunity for a hearing, may for good cause release to either party all or any portion of the rent paid into court by the tenant. The court shall award the prevailing party the amount owed and shall give judgment for any other amount which is due.
2. In any action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection 1 but is not required to pay any rent into court.
3. When the court renders a decision on the landlord's claim for possession, it shall distribute any rent paid into court under subsection 1 upon a determination of the amount due to each party.
4. If a tenant fails to deposit with the court within 24 hours after the original hearing the entire amount required pursuant to subsection 1, the tenant relinquishes his right to a hearing and the court shall at that time grant a judgment for eviction without further hearing. (Added to NRS by 1977, 1342; A 1985, 1419)

40.220 Entry to be made only when legal and in peaceable manner.

No entry shall be made into any lands, tenements or other possessions but in cases where entry is given by law; and in such cases, only in a peaceable manner, not with strong hand nor with multitude of people. [1911 CPA º 643; RL º 5585; NCL º 9132]

40.230 Forcible entry defined. Every person is guilty of a forcible entry who either:

1. By breaking open doors, windows or other parts of a house, or by fraud, intimidation or stealth, or by any kind of violence or circumstance of terror, enters upon or into any real property; or
2. Who, after entering peaceably upon real property, turns out by force, threats or menacing conduct, the party in natural possession. [1911 CPA º 644; RL º 5586; NCL º 9133]

40.240 Forcible detainer defined. Every person is guilty of a forcible detainer who either:

1. By force, or by menaces or threats of violence, unlawfully holds and keeps the possession of any real property, whether the same was acquired peaceably or otherwise; or
2. Who, in the nighttime, or during the absence of the occupant of any real property, unlawfully enters thereon, and who, after demand made for the surrender thereof, refuses for a period of 3 days to surrender the same to such former occupant. The occupant of real property within the meaning of this subsection is one who, within 5 days preceding such unlawful entry, was in the peaceable and undisturbed possession of such lands. [1911 CPA º 645; RL º 5587; NCL º 9134]

40.250 Unlawful detainer:

Possession after expiration of term. A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when he continues in possession, in person or by subtenant, of the property or mobile home or any part thereof, after the expiration of the term for which it is let to him. In all cases where real property is leased for a specified term or period, or by express or implied contract, whether written or parol, the tenancy terminates without notice at the expiration of the specified term or period.

40.251 Unlawful detainer: Possession of property leased for indefinite time after notice to quit. A tenant of real property, a recreational vehicle or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:

1. Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, he continues in possession thereof, in person or by subtenant, without the landlord's consent after the expiration of a notice of:

(a) For tenancies from week to week, at least 7 days;
(b) For all other periodic tenancies, at least 30 days; or
(c) For tenancies at will, at least 5 days.

2. A dwelling unit subject to the provisions of chapter 118A of NRS, he continues in possession, in person or by subtenant, without the landlord's consent after expiration of:

(a) The term of the rental agreement or its termination and, except as otherwise provided in paragraph (b), the expiration of a notice of at least 7 days for tenancies from week to week and 30 days for all other periodic tenancies; or
(b) A notice of at least 5 days where the tenant has failed to perform his basic or contractual obligations under chapter 118A of NRS.

3. A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215, he continues in possession, in person or by subtenant, without the landlord's consent, after notice has been given pursuant to NRS 118B.190 and the period of the notice has expired.

4. A recreational vehicle lot, he continues in possession, in person or by subtenant, without the landlord's consent, after the expiration of a notice of at least 5 days. (Added to NRS by 1985, 226; A 1989, 1081)

40.300 Contents of complaint; issuance and service of summons; temporary writ of restitution; notice, hearing and bond.

1. The plaintiff in his complaint, which shall be in writing, must set forth the facts on which he seeks to recover, and describe the premises with reasonable certainty and may set forth therein any circumstances of fraud, force or violence which may have accompanied the alleged forcible entry, or forcible or unlawful detainer, and claim damages therefor, or compensation for the occupation of the premises or both. In case the unlawful detainer charged be after default in the payment of rent, the complaint must state the amount of such rent.
2. The summons shall be issued and served as in other cases, but the court, judge or justice of the peace may shorten the time within which the defendant shall be required to appear and defend the action, in which case the officer or person serving the summons shall change the prescribed form thereof to conform to the time of service as ordered; but where publication is necessary the court shall direct publication for a period of not less than 1 week.
3. At any time after the filing of the complaint and issuance of summons, the court, upon application therefor, may issue a temporary writ of restitution;

40.360 Judgment; damages; execution and enforcement.

1. Judgment. If, upon the trial, the verdict of the jury, or, if the case be tried without a jury, the finding of the court, be in favor of the plaintiff and against the defendant, judgment shall be entered for the restitution of the premises; and, if the proceeding be for unlawful detainer after neglect or failure to perform any condition or covenant of the lease or agreement under which the property is held, or after default in the payment of rent, the judgment shall also declare the forfeiture of such lease or agreement.
2. Damages. The jury or the court, if the proceeding be tried without a jury, shall also assess the damages occasioned to the plaintiff by any forcible entry, or by any forcible or unlawful detainer, and any amount found due the plaintiff by reason of waste of the premises by the defendant during the tenancy, alleged in the complaint and proved on the trial, and find the amount of any rent due, if the alleged unlawful detainer be after default in the payment of rent; and the judgment shall be rendered against the defendant guilty of the forcible entry, or forcible or unlawful detainer, for the rent and for three times the amount of the damages thus assessed.
3. Execution and enforcement. When the proceeding is for an unlawful detainer after default in the payment of the rent, and the lease or agreement under which the rent is payable has not by its terms expired, execution upon the judgment shall not be issued until the expiration of 5 days after the entry of the judgment, within which time the tenant, or any subtenant, or any mortgagee of the term, or other party interested in its continuance, may pay into court for the landlord the amount of the judgment and costs, and thereupon the judgment shall be satisfied and the tenant be restored to his estate; but, if payment, as herein provided, be not made within the 5 days, the judgment may be enforced for its full amount and for the possession of the premises. In all other cases the judgment may be enforced immediately.