When can a tenant terminate a rental agreement?
No Cause; 30 day notice at the conclusion of the lease.
Repairs: If repairs are not made timely pursuant to law, i.e., non-emergency repairs within 14 days of written notice, a tenant may terminate the rental agreement immediately and demand the remainder of the month's rent and security deposit.
Removal Or Exclusion Of Tenant: Willful Interruption Of Essential Services If a landlord unlawfully "locks out" or otherwise illegally removes or excludes a tenant or if a landlord willfully interrupts any essential service (heat, water, gas, etc.), a tenant may, among other options, terminate the rental agreement. The tenant may then demand the remainder of the month's rent and security deposit.
Failure To Deliver Possession: If the landlord fails to deliver possession of the dwelling unit, the tenant may terminate the rental agreement upon five days written notice to the landlord. Upon termination, the landlord must return all prepaid rent, security deposit and fees or charges originally made to secure the rental agreement.
Elderly/disabled tenants who must relocate for care or treatment or who survive the death of a spouse or cotenant (2005 Legislation): For leases entered into, extended or renewed on or after 10/1/05, if a physical or mental condition of a tenant requires the tenant’s relocation from his dwelling, because of a need for care or treatment which cannot be provided in the dwelling, and the tenant is 60 years of age or older or has a physical or mental disability, the tenant may terminate the lease by giving the landlord 30 days’ written notice within 60 days after the tenant relocates.
A cotenant may also terminate the lease by giving the landlord 30 days’ written notice within 60 days after the tenant relocates if (a) the cotenant became a tenant prior to the signing of the lease by the tenant who relocates and the cotenant is also either 60 or older, or has a physical or mental disability or (b) the cotenant became a tenant on or after the signing of the lease by the tenant who relocates.
The written notice provided to a landlord must set forth the facts which demonstrate that the person is entitled to terminate the lease and shall include reasonable verification of the existence of the physical or mental condition and that the condition requires the relocation of the tenant from his dwelling, due to a need for care or treatment which cannot be provided in the dwelling.
A tenant who is 60 years of age or older or who has a physical or mental disability may terminate the lease by giving the landlord 30 days’ written notice within 6 months after the death of the tenant’s spouse or cotenant. The written notice must set forth the facts which demonstrate that the person is entitled to terminate the lease, i.e., the date of the death and the age or disability of the remaining spouse. A “cotenant” is an additional tenant obligated under the lease of a dwelling along with a tenant who is either (a) 60 years of age or older; or (b) has a physical or mental disability. This law does not give a landlord the right to terminate a lease solely because of the death of one of the tenants.
Damage Or Destruction By Fire Or Casualty: If the dwelling unit or premises is damaged or destroyed by fire or casualty (e.g., lightning, floods, storms, etc.), to substantially impair enjoyment of the dwelling, the tenant may immediately vacate and notify the landlord within 7 days of his intention to terminate the rental agreement; in which case the rental agreement terminates as of the date of vacating.
When can a landlord terminate a rental agreement?
No Cause Termination: If you are renting without a lease for a fixed term and do not have help with your rent from a governmental agency, a landlord may terminate your rental agreement without a reason by giving you 30 days notice in writing. The landlord may also terminate without cause at the conclusion of the lease term. If you rent week to week, the landlord is required to give you only 7 days notice.
Lease Violation: If you fail to perform a condition of the lease such as mowing the lawn or keeping a pet not allowed in the rental agreement, the lease or rental agreement can be terminated within five (5) days of written notice, unless the tenant corrects the condition within five (5) days of receiving the notice.
NRS 40.2516 and NRS 118A.430
Non-Payment Of Rent: The landlord does not have to give you a grace period to pay past rent. He can call for the rent due within 5 days of written notice. If you do not pay the past due amounts, he can terminate the rental agreement. Without additional notice the landlord can apply to a justice court after noon of the fifth judicial day following service of the notice for an order evicting you within 24 hours unless you have filed an affidavit with the court contesting the eviction.
NRS 40.2512 and NRS 40.253
If you have resided in your unit for less than 45 days and pay rent for periods of 7 days or less, the landlord can shorten the above notice period to 4 judicial days. See Section IX on non-payment of rent.
Maintaining Or Permitting A Nuisance: Nuisance is defined as “conduct or an ongoing condition which constitutes an unreasonable obstruction to the free use of property and causes injury and damage to other tenants.” The person creating the nuisance could be you, a family member or an invited guest. The landlord has the right to terminate any rental agreement based on the creation of a nuisance upon a 3-day written notice.
Property Changing Hands: Unless stated otherwise in a lease, when the rented property changes ownership, the new owners may terminate the tenancy agreement upon a 3-day written notice.
Damage Or Destruction By Fire Or Casualty: If the dwelling unit or premises is damaged or destroyed by fire or casualty (storms, floods), to substantially impair enjoyment of the dwelling, the landlord may terminate the rental agreement.
Abandonment: The landlord can take possession of the premises, if he actually knows of the abandonment or if he believes the premises have been abandoned for a period of time equal to one-half of the rental period (unless rent is current or you have given written notice of your absence).
Refusing Lawful Access To Rental Unit: If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement.
Note Regarding 30 Day No Cause Notices: Effective July 1, 2003, tenants who are 60 years of age or older or have a physical or mental disability may request in writing to remain in possession for an additional 30 days beyond the time allowed in the termination notice. The tenant must provide proof of age or disability. If the landlord refuses such a request, there is a procedure for applying to court for an order allowing the additional time.