Can I Evict My Nevada Tenant for Causing Damage to the Rental Property?

A Nevada tenant can be evicted for intentionally or negligently damaging the rental unit.  Here’s a synopsis of Nevada law on this subject.    

Legal Basis for Property Damage Evictions

Under Nevada law, landlords can evict tenants who cause significant damage to the rental property.  Damaging the rental unit is considered a lease violation.  To support an eviction, the damage must be substantial and beyond normal wear and tear.  The landlord is generally responsible for damages arising from normal wear and tear. 

Notice(s) Required for Property Damage Evictions

The process begins with the landlord serving a 5-Day Notice to Comply. This notice gives the tenant five days to either fix the damage or face eviction proceedings.  If the breach is remediable and the tenant does not adequately remedy the breach or use his or her best efforts to remedy the breach within 5 days, or if the breach cannot be remedied, the landlord may terminate the rental agreement and pursue an eviction lawsuit against the tenant. 

In more severe cases, where the damage is significant, the landlord may issue an unconditional quit notice. This notice demands that the tenant immediately vacate the property without the option to repair the damage.  If the tenant does not vacate, the landlord can immediately file for an eviction. 

Nevada law also gives the tenant the ability to avoid eviction by authorizing the landlord to enter and remedy the breach and by reimbursing the landlord for any reasonable expenses or damages resulting from the breach or its remediation.

The landlord also has the option of serving a 14 Day Notice to Comply where the tenant’s failure to perform basic obligations imposed by Nevada law can be remedied by repair or replacement of a damaged item.  If the tenant fails to use his or her best efforts to comply within 14 days (or shorter, in case of emergency), the landlord is permitted to enter the dwelling unit and complete the work.  The landlord may then submit the itemized bill for the actual and reasonable cost, or the fair and reasonable value of the work. The itemized bill must be paid as rent on the next date periodic rent is due.  If the rental agreement has terminated, the itemized bill may be submitted to the tenant for immediate payment or deducted from the security deposit.

Recoverable Damages

In addition to facing eviction, Nevada tenants who cause property damage can be held liable for repairs or replacements, including those caused by necessary maintenance or cleaning. If a tenant fails to repair or replace damaged items, the landlord may seek damages through a civil lawsuit.  Landlords can also deduct repair costs from the tenant’s security deposit subject to the limitations imposed by Nevada law. 

Please contact Lynx Legal with any questions regarding the above or if you are ready to start a case.  We can be reached at 888-441-2355 or info@lynxlegal.com.  You can also schedule a telephonic consultation on our website to discuss any issues relating to your eviction needs.