Breaking a lease in Nevada

Specific early-termination protections apply when the tenant, a cotenant or a household member is a victim of domestic violence, harassment, sexual assault or stalking, and when a tenant who is 60 or older or has a disability must move for care or loses a spouse or cotenant. If a tenant otherwise abandons the unit, you must make reasonable efforts to re-rent it at a fair rental, and the former tenant owes your actual damages (NRS 118A.345; NRS 118A.340; NRS 118.175).

• A victim's written notice ends the lease at the end of the current rental period or 30 days after notice, whichever is sooner. It must describe the reason and include a protection order, a police report, or (for domestic violence) the statutory affidavit of a qualified third party, and the events must have occurred within the 90 days before the notice (NRS 118A.345(1) to (4); NRS 118A.347).
• The terminating tenant owes rent only through the termination date and other outstanding obligations, and the deposit may not be withheld for the early termination. You may not describe it to a prospective landlord as an early termination, or tell the adverse party named in the documents where the tenant is (NRS 118A.345(5), (7), (11)).
• A tenant who is 60 or older or has a disability and must relocate for care that cannot be provided in the unit may end the lease on 30 days' written notice given within 60 days after moving, with reasonable verification; a cotenant may do the same on the terms the statute sets (NRS 118A.340(1), (3)).
• A tenant who is 60 or older or has a disability may end the lease on 60 days' written notice given within 3 months after a spouse or cotenant dies. The death of one tenant does not by itself let you end the lease (NRS 118A.340(2), (4)).
• If you fail to make reasonable efforts to re-rent after an abandonment, the former tenant owes only the damages that arose before you had reason to believe the unit was abandoned (NRS 118.175).
• An abandoned lease ends at the earliest of: your acceptance of the tenant's notice and surrender, a new tenant's lease, a statutory abandonment notice taking effect, a court order, or the end of the term (NRS 118.185).
• If both sides agree to an early release, put the move-out and key-return dates, rent through the agreed end date, any agreed payment, inspection arrangements and deposit accounting in writing. State which obligations end and which remain. A request to leave, handing back keys or finding a possible replacement is not by itself a clear agreement releasing every obligation; preserve the actual written response and any required statutory notice (NRS 118.185).
• Keep a dated record of re-rental efforts, inquiries, showings, the new lease start date and the charges claimed. Reconcile the former tenant's account against those facts and the duty to mitigate. Explain actual losses rather than presenting the entire remaining lease balance as an automatic penalty or treating the deposit as automatically forfeited (NRS 118.175; NRS 118A.242).

The remedies start with the tenant's written notice, except in narrow cases such as when a government inspector has already notified you in writing of the condition. For a material failure to keep the unit habitable that you do not fix, or make best efforts to fix, within 14 days, the tenant may end the lease immediately, recover actual damages, ask a court for relief, or withhold rent without late fees until you fix it or try in good faith. For essential services such as heat, air conditioning, water, hot water, electricity, gas or a working door lock, the period is 48 hours, not counting weekends and legal holidays (NRS 118A.355; NRS 118A.360; NRS 118A.380).

• Withheld rent is a defense to eviction only if the tenant deposits it into the escrow account the justice court sets up for that purpose (NRS 118A.355(5)).
• Repair and deduct: when the reasonable cost is less than $100 or one month's periodic rent, whichever is greater, and you do not use best efforts within 14 days after written notice (or sooner in an emergency), the tenant may have the work done in a workmanlike manner and deduct the actual and reasonable cost after giving you an itemized statement. Your liability is capped at that amount within any 12-month period (NRS 118A.360(1), (4)).
• You may name, in the lease or otherwise, the person or firm, or the class of qualified people, who must do repair-and-deduct and essential-service work (NRS 118A.360(2)).
• For a lost essential service, the tenant may also buy reasonable amounts of it and deduct the cost, recover damages, or move to comparable housing with rent abating. Withholding rent for a lost service requires the tenant to be current on rent when giving notice, and a tenant who uses this remedy may not also use the general lease-breach remedy or repair and deduct for the same breach (NRS 118A.380).
• For any other failure to comply with the lease, the tenant gives written notice; if you do not remedy it or make a reasonable effort within 14 days, the tenant may end the lease, recover actual damages or ask a court for relief (NRS 118A.350).
• No remedy is available for a condition the tenant, a household member or a guest caused. A tenant who ends the lease under these sections gets back prepaid rent and the recoverable deposit (NRS 118A.355(2), (3); NRS 118A.380(5)).
• If you fail to deliver possession at the start of the term, rent abates and the tenant may end the lease on at least 5 days' written notice or demand possession (NRS 118A.370).

Nevada has no statute that sets a general rule on subletting a home. The lease controls, so state in it whether the tenant needs your written consent (NRS ch. 118A).

• If the tenant assigns or sublets against the lease, you may serve a 3-day notice to surrender; a tenant who stays after it is guilty of unlawful detainer (NRS 40.2514).

To end a month-to-month or other periodic tenancy, give at least 30 days' written notice; for a week-to-week tenancy, at least 7 days. Your notice must tell the tenant about the extension rights for older or disabled tenants and for government workers during a shutdown. The lease may not require the tenant to give a different notice than you must give (NRS 40.251(1)(b); NRS 118A.220(1)(e)).

• A tenant who is 60 or older or has a physical or mental disability may ask in writing, with proof, to stay 30 more days beyond the notice period. This does not apply to week-to-week tenancies or to a 5-day notice for a breach. If you refuse, the tenant may ask the court, and a tenant whose petition is denied still gets 5 more calendar days (NRS 40.251(2), (6)).
• A federal, state or tribal worker, or a household member, may ask in writing, with proof, to stay from the start of a shutdown until 30 days after it ends, and you must allow it unless a court grants you relief (NRS 40.251(3), (4); NRS 118A.315).
• Every notice ending a periodic tenancy must include a statement of those extension rights (NRS 40.251(5)).
• For a dwelling, the unlawful detainer rule pairs the end of a lease term with the expiration of a notice of at least 30 days (7 for week to week), so give that notice before treating a tenant who stays past a fixed term as holding over (NRS 40.251(1)(b)(1)).
• If you let a tenant stay after the lease ends, the tenancy becomes week to week (for weekly rent) or month to month, on the same terms unless agreed otherwise (NRS 118A.470).
• Notices must be served as the eviction service rules require (NRS 118A.190(2); NRS 40.280).

No later than 30 days after the tenancy ends, for any reason, give the tenant an itemized written accounting of the deposit and return whatever remains, either by handing it to the tenant at the place where rent is paid or by mailing it to the tenant's present address (or last known address, if the present one is unknown). You may keep only what is reasonably needed to cover unpaid rent, repair damage the tenant caused beyond normal wear, and pay the reasonable cost of cleaning (NRS 118A.242(4)).

• If you fail or refuse to return the remainder within 30 days after the tenancy ends, you owe the tenant the entire deposit plus an added sum the court sets of up to the entire deposit. The court weighs whether you acted in good faith, the course of dealing between you, and the harm to the tenant (NRS 118A.242(6), (7)).
• Normal wear is deterioration that happens without negligence, carelessness or abuse by the tenant, a household member or a guest (NRS 118A.110).
• When a surety bond was used, a tenant who disputes an item may send a written dispute to the surety. If it is sent within 30 days after the tenant received the accounting, the surety may not report your claim to a credit reporting agency unless it wins a judgment against the tenant (NRS 118A.242(5)).
• The tenant's claim to the deposit comes ahead of the claims of your creditors (NRS 118A.242(9)).
• When the tenant asks, give a signed written receipt for the deposit, any surety bond and any other payment, including rent. The tenant may hold back rent until you offer the receipt (NRS 118A.250).
• When your interest in the unit ends by sale or otherwise, within a reasonable time either tell the tenant in writing the successor's name, address and telephone number and that the remaining deposit was transferred, or return it to the tenant. Before recording a deed, transfer the deposits to the buyer in writing or tell the buyer in writing that they were returned. The successor must accept the existing deposit and may not demand a new one during the lease term (NRS 118A.244).
• A tenant who ends the lease under the domestic violence, harassment, sexual assault or stalking section may not have the deposit withheld for the early termination (NRS 118A.345(5)).See Ending a fixed-term lease early on the Nevada page