When can a landlord enter the premises?
The landlord has no right to enter the rented premises except under the following circumstances:
- In case of an emergency;
- Pursuant to court order;
- To supply necessary or agreed services;
- As agreed in a rental or lease agreement.
With 24 hours notice, the landlord may enter the rented premises under the following circumstances:
- To inspect the premises;
- To exhibit the rental to prospective or actual purchasers, mortgagors, tenants, workmen, contractors or other persons with a bona fide interest in inspecting the premises.
- The landlord may not abuse the right of access or use it to harass the tenant. Except in the case of emergency, the landlord shall give the tenant at least 24 hours' notice of intent to enter and may enter only at reasonable times during normal business hours, unless the tenant expressly consents to shorter notice or to entry during non-business hours.
A landlord can also enter the premises under the following circumstances:
If after 14 days from written notice to the tenant, the tenant fails to comply with the landlord's notice to make repairs or maintain the premises pursuant to the rental or lease agreement, the landlord may enter to repair damages, replace a damaged item or cause cleaning or work to be done.
Where the tenant has abandoned or surrendered the premises. The rented dwelling cannot be considered abandoned and the landlord may not enter or take possession of the premises until the tenant has been absent from the premises for a period of time equal to one-half the rental period. (If rent is paid and/or the tenant has notified the landlord in writing of the intended absence, the landlord cannot consider the rental dwelling abandoned.)
What can the landlord do if you refuse lawful access?
If the tenant refuses to allow lawful access as required by the rental agreement, or as set out above, the landlord may obtain a court order to compel access, or he may terminate the rental agreement. In either case, the landlord may bring an action against the tenant for any actual damages he may have suffered.
What can the tenant do if the landlord abuses the right of entry?
If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain a court order to prevent the recurrence of the conduct or he may terminate the rental agreement. In either case, the tenant may bring an action against the landlord for any actual damages he may have suffered.
May I recover extra damages for other unlawful acts by my landlord?
Yes. Up to $2,500.00 beyond actual damages can be awarded by a court, utilizing the same considerations as above, if a landlord willfully interrupts or causes or permits the interruption of any essential service (NRS 118A.390); illegally holds your personal property to get you to pay rent (NRS 118A.520); or if the landlord retaliates against you (NRS 118A.510).
If the landlord wrongfully refuses to refund your security deposit, you may recover up to the amount of your security deposit in addition to the return of the entire deposit. (See Section II entitled "Security Deposits".)
What is retaliation?
A landlord cannot in retaliation terminate your tenancy, refuse to renew your tenancy, increase rent, decrease essential services, or threaten to evict you if you have:
- Complained in good faith about a violation of a building, housing or health code to the appropriate government agency;
- Complained in good faith to the landlord or a law enforcement agency of a violation of a landlord-tenant law or of a specific criminal law;
- Organized or became a member of a tenants' union, or similar organization;
- Complained to a governmental agency as describe in paragraph (a) and a citation has been issued as a result;
- If you have sued a landlord or defended a suit from the landlord in which you raised an issue of a landlord's compliance with laws governing habitability of your premises failed or refused to give written consent to a regulation adopted by the landlord complained in good faith to the landlord, a government agency, an attorney, a fair housing agency or any other appropriate body of a violation of the fair housing laws or you have otherwise exercised your rights which are protected by those laws.
Retaliation not only gives you a right to sue for damages but it is also a defense if the landlord tries to evict you. You may not, however, claim retaliation if:
- The violation of any building, housing or health codes was caused primarily by you, a member of your household, or one of your guests;
- The landlord has a good reason to terminate your tenancy;
- Any citation issued would require the landlord to vacate your premises in order to alter, remodel or tear down the building; or
- A rent increase is for all tenants.
May I demand a copy of my rental agreement?
Yes: The 2007 Legislature added the requirement that the landlord provide one copy of any written agreement to the tenant free of cost upon request of the tenant. The landlord may charge a reasonable fee for additional copies.
NRS 118A.200 (2)