Can You Get Out of a Lease Early in Nevada?
A rental or a lease agreement is a contractually binding agreement between a landlord and a tenant. When a tenant signs it, they acknowledge its terms and are agreeing to abide by them for the duration of the lease.
Sometimes, however, life happens and that may compel your Nevada tenant to break their lease early. Leaving before the end of a fixed-term lease is called breaking a lease, and it's very different from an eviction.
As a landlord, it's important to know what rights you and your tenant have under landlord-tenant law when it comes to early lease termination. Luckily for you, today's blog has you covered. We'll cover everything from justified and unjustified reasons for lease termination, lease notice requirements, rights of tenants to sublet, and more!
Rental Agreements in Nevada
When renting out a property, it's important that you have a solid lease agreement. This will save you tons of stress and ensure your and your tenant's rights are protected.
In addition to including other rules, the following are must-haves in any solid residential lease agreement.
The minimum notice requirements to terminate a lease. Nevada law (NRS 40.251) requires tenants to notify landlords prior to terminating their lease. For week-to-week leases, a tenant must provide you with a 7-day written notice. To end a month-to-month lease, a tenant must serve you a 30-day written notice.
The landlord's responsibility to re-rent the unit. Nevada law (NRS §118.175) requires landlords to make reasonable efforts to re-rent their unit after a tenant terminates their lease early. In legal terms, this is referred to as a landlord's duty to "mitigate damages."
The tenant's right to sublet the unit. Does your lease expressly prohibit subletting? If it does not, then your tenant may be in the clear to do so. As such, if you don't want tenants subletting your property, make sure to include a relevant clause in the lease.
Unjustified Reasons to Break a Lease in Nevada
Some reasons don't provide tenants in Nevada the legal justification to terminate their lease penalty-free. The following are a few examples.
Buying a house.
Relocating for work or school.
Divorce or separation.
Moving in with a partner.
Moving to downsize or upsize.
Moving out for any of these reasons without the approval of a court often results in tangible consequences for tenants. The best outcome for a tenant is to either obtain a court order or seek a mutual termination with the landlord.
Justified Reasons to Break a Lease in Nevada
In contrast to the above reasons, the following will give your tenant the legal justification to break their lease penalty-free.
Active Military Duty
The Servicemembers Civil Relief Act (SCRA) grants active service members certain special rental provisions. Among these is the ability to terminate their lease after getting deployed or a change of station. The protection lasts exactly between 30 and 90 days after the date of discharge.
To terminate the lease, the tenant must first meet certain criteria. Including, remaining on active duty for more than 90 days and providing the landlord with a copy of the orders from their commanding officer.
But even with that done, the lease doesn't end immediately. After the tenant has notified you of their plans to relocate, the earliest their lease can end is 30 days after the next rent cycle has begun.
Unit Is Uninhabitable
As a savvy landlord, you definitely know the importance of keeping your rental property well-maintained. When it is, you are able to not only keep your tenant comfortable but also abide by the state and local health and safety codes.
Among other things, the codes require that landlords provide properties that have the following conditions.
Proper waterproofing of windows, doors, roof, and exterior walls.
Code-conforming electrical, plumbing, and heating systems.
Appropriate garbage receptacles.
Properly maintained floors, walls, railings, and stairways.
For additional information, please contact a reputable property management company to learn more about Nevada habitability laws.
Landlord Harassment
All successful landlords have one thing in common – they treat their tenants respectfully. Among other things, they don't enter their tenant's rented units without notice, threaten their tenants, or violate the terms of the agreement.
Doing any of those things will not only hurt your reputation but may also give your tenant a legal justification to break their lease early.
Domestic Violence
Domestic violence victims in Nevada also have early termination rights. As a landlord, you have a right to verify a claim of domestic violence status. Some of the supporting documents the tenant may give you include:
Order of Protection.
A temporary or extended offer.
A copy of a written affidavit signed by a qualified third party.
A copy of a written report from a law enforcement agency.
Other Reasons
The following reasons may also grant your tenant the right to terminate their lease early penalty-free:
Gross violation of the lease by the landlord.
Need for specialized health care for a person aged over 60 years.
Failure to provide the tenant with certain mandatory disclosures.
Bottom Line
Learning that your tenant has terminated their lease can be a pain in the neck. That said, life happens and the tenant may have had no other option but to leave. Your next course of action, though, must align with the law.
If you have a question, Freedom House Property Management can help. We're the go-to professionals when it comes to property management in Pahrump, Nevada. Get in touch to learn more!
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.
