Landlord Disputes Attorney in Las Vegas, Nevada

There are a variety of disputes that can occur as a landlord. As a landlord, you can experience complaints about your tenant being loud, unruly, and disturbing the neighbors. As a tenant, you can experience issues such as a heating unit malfunctioning for several days. It is essential to know the rights that are entitled to either the landlord or the tenant under Nevada law.

It is common for disputes to arise during a lease or rental arrangement, but Nevada law provides legal remedies for situations that require mandate procedures to be followed.

If you are involved in a landlord-tenant dispute in Las Vegas, as a landlord, it is crucial to consult with our team at the Ball Law Group. We have protected the rights of landlords for nearly 20 years. Our firm proudly serves clients in the Las Vegas, Nevada, area.

Nevada-Landlord Tenant Laws

Both landlords and tenants have rights and responsibilities under Nevada law. The relevant statutes also spell out corrective measures that both sides can take to remedy a situation.

The landlord’s primary rights involve the ability to enforce the provisions of the lease, provided the lease does not violate state rental laws. For instance, a clause in a lease that is not supported by state law cannot be enforced.

If a legitimate provision is violated; however, the landlord can seek correction, and if the tenant does not comply, the eviction proceeds. The landlord also has the right to evict if rental payments are late.

For instance, a landlord is receiving complaints about a tenant that is loud, unruly, and disturbing the neighbors. The landlord must first issue a three-day notice to cease the nuisance. If the notice is not honored, then the landlord can submit a five-day Notice to Quit for Unlawful Detainer.

Tenants have the right to a safe and habitable dwelling, along with the right to take two alternative forms of action. For example, if the tenant's heating unit malfunctions, Nevada law gives the landlord 14 days maximum to repair the heater.

If the landlord fails to do so, the tenant can exercise one of their two alternative forms of action – fix the problem themselves and deduct it from the rent payment, or withhold the rent payment until repairs are made.

Applicable State Rental Provisions

In addition to the 14-day repair window legislated under state law, other provisions include:

• Payment of Rent: Under 2021 law, landlords must wait three days after rent is due before assessing a late fee. Previously, there was no time frame. Once payment is past due, the landlord must provide tenants with a 7-Day Notice to Pay or Quit. If the tenant does not make up the amount due within seven days, the landlord can start eviction proceedings. Landlords must also give a 45-day notice of a rent increase.

• Evictions and Lockouts: Landlords cannot use measures to force a tenant to move as a form of extralegal eviction, such as making life untenable. In addition, landlords cannot change locks on a tenant’s unit to force them out. Landlords likewise cannot enter a tenant’s unit except in emergencies without giving 24-hour notice.

• Security Deposits: Security deposits cannot exceed three months’ rent in dollar amount, and must be refunded within 30 days after the tenant properly ends the lease and vacates the premises. Generally speaking, the tenant must give 30 days’ notice of moving out. The landlord will make deductions for cleaning fees, damages that exceed normal wear and tear, and any unpaid rent.

• Habitable Dwellings: As mentioned above, tenants have the right to have a safe and habitable unit. The landlord has 14 days to repair any defect or malfunction within the unit, including dwelling structure, plumbing/sanitation, water, garbage removal, electrical outlets and wiring, ventilation and air conditioning, and more.

Common Disputes and Remedies

As mentioned above, disputes can arise over rent, the condition of the unit, and violations of lease provisions. In addition to nuisance provisions, leases generally prohibit assigning or subletting the unit, committing or permitting waste damage or destruction to the property, conducting an unlawful business on the rental property, and violating a controlled substance law.

Landlords have the right to order the correction of any lease violation and commence with eviction if the order is not followed. Tenants can resort to small claims court (limit $7,000) if they believe their landlord has not returned the security deposit owed them upon vacating the premises.