This article discusses the circumstances under which a landlord can enter his rental property in the State of Nevada, the notice required for entry and the penalties for entering the property unlawfully.
Allowable Reasons for Landlord’s Entry into Rental Property Occupied by a Tenant
In Nevada a landlord can enter rental property occupied by a tenant for the following reasons:
- To conduct inspections
- To make improvements to the property
- For maintenance issues
- To show the property to a prospective purchaser or successor tenant
- Pursuant to a court order
- Where the tenant has abandoned or surrendered the premises
- Failure of tenant to perform basic obligations
- For emergencies
(Nev. Rev. Stat. § 118A.330)
Required Notice
A landlord usually must give advance notice of at least 24 hours (written or verbal) before entering the property. Nevada landlords can legally enter rental property without the tenant present, although they still need the tenant’s consent to enter unless it’s an emergency. In case of an emergency, however, no notice is required. Accordingly, Nevada landlords can legally enter a rental property without the tenant’s permission in emergency situations.
Penalties for Illegal Entry
A tenant has multiple available remedies against a landlord who unlawfully enters the rental property. They include:
- A court Injunction
- A lawsuit for any damages sustained by the tenant, and
- Breaking the Lease
When Can a Tenant Refuse Entry to a Landlord in Nevada?
Nevada tenants can often refuse landlord entry, especially when the landlord wants to enter on reduced notice or outside of normal business hours. Tenants can refuse other forms of unreasonable entry as well. Landlords can enter in emergencies regardless of consent, however.
Can a Tenant Change the Locks Without Permission in Nevada?
Nevada tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s reasonable for tenants to provide copies of current keys.
Tenant’s Failure to Perform Basic Obligations
The landlord can enter the unit if the tenant fails to perform basic obligations imposed by Nevada law and it can be remedied by repair, replacement of a damaged item or cleaning, and the tenant fails to use his or her best efforts to comply. In that situation, the landlord must give 14 days written notice of his or her intention to enter the unit (or more promptly in case of an emergency) and cause the work to be done in a workmanlike manner and submit the itemized bill to the tenant 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, or if the rental agreement has terminated, may be submitted to the tenant for immediate payment or deducted from the security deposit.
Please contact Lynx Legal at 888-441-2355 or [email protected] with any questions regarding the above, or if you are ready to start a case. Our experienced professionals are standing by to assist in any way we can.