Nevada domestic violence lease termination: what NRS 118A.345 requires of a landlord
NRS 118A.345 lets a Nevada tenant or cotenant end a lease when the tenant, a cotenant or a household member is a victim of domestic violence, harassment, sexual assault or stalking. Notice takes effect at the end of the current rental period or 30 days after notice, whichever is sooner, and the acts must be within the prior 90 days. You cannot withhold the deposit for the early exit, and you cannot tell a future landlord it was an early termination.
Who qualifies under NRS 118A.345?
The right belongs to a tenant or any cotenant when the tenant, a cotenant or a household member is the victim of domestic violence, harassment, sexual assault or stalking. The statute defines a household member as a person related by blood or marriage who actually lives with the tenant or cotenant. A lease clause to the contrary does not override it.
The acts, events or circumstances must have occurred within the 90 days immediately before the written notice (subsection 4).
What notice and proof can you require?
The tenant gives written notice effective at the end of the current rental period or 30 days after you receive it, whichever is sooner. The notice must describe the reason for the termination and come with proof. The proof depends on the type of act:
| Type of act | Accepted proof |
|---|---|
| Domestic violence | An order for protection; a written law enforcement report showing the victim told the agency; or an affidavit in the prescribed form signed by a qualified third party who identifies the adverse party. |
| Harassment, sexual assault or stalking | A written law enforcement report showing the victim told the agency, or a temporary or extended order issued under NRS 200.378 or 200.591. |
A qualified third party includes licensed physicians, psychologists, social workers and certain counselors, specified domestic violence agency staff and clergy of a recognized religious body, all resident in Nevada where the statute says so. NRS 118A.347 gives the affidavit form.
What rent is owed, and what about the deposit?
The releasing tenant or cotenant, if solely or jointly liable, owes rent through the termination date and any other outstanding obligations. Prepaid rent for the rental period in which the lease ends may be kept unless it exceeds what is owed for that period. Except as NRS 118A.242 allows, the deposit must not be withheld for the early termination.
Example a made-up tenant in Henderson pays $1,500 for a month that runs from the 1st to the 30th. Notice is given on the 10th, and 30 days later is the 10th of next month, but the current rental period ends the 30th, which is sooner. The lease ends on the 30th. The $1,500 already paid covers rent through that date and nothing more is owed.
Locks, access and where the tenant went
- If notice was given, the tenant, cotenant or household member can require a new lock if that person pays for it. You comply by rekeying a lock in good working order or replacing the mechanism with one of equal or better quality.
- You may keep a copy of the new key, but you must refuse a key to the adverse party, and refuse the adverse party access to the dwelling to reclaim property unless a law enforcement officer is present.
- You must not give an adverse party any information about where the tenant, cotenant or household member is.
What can you say to the next landlord?
Subsection 11 says the termination must not be disclosed, described or characterized as an early termination by a current landlord to a prospective landlord, and the tenant is not required to disclose it as one. If a reference call comes in, answer only with facts that do not frame the exit as a broken lease, and write down what you said.
The adverse party named in the order, report or statement may be civilly liable to you for economic losses from the early termination, including unpaid rent, early termination fees, repair costs and rent reductions given to the tenant. The statute does not stop you from ending a lease for unrelated reasons.
How DoorKeeping fits in Nevada
DoorKeeping keeps the written notice, the proof the tenant gave and your reply together in the Nevada tenant's file, with dates. A dated note of any reference call, with what you said, sits next to the notice. Any rent, deposit or lock decision waits for your one-tap approval. This is general information, not legal advice. Check the current statute and your lease before you act.
Sources
Questions
- How much notice does a Nevada victim need to give?
- Written notice effective at the end of the current rental period or 30 days after notice is provided, whichever is sooner (NRS 118A.345(1)).
- Can I keep the deposit if a Nevada tenant leaves because of domestic violence?
- Not for the early termination itself. The deposit may still be applied as NRS 118A.242 allows.
- Can I tell a new landlord the tenant broke the lease early?
- No. NRS 118A.345(11) says the termination must not be disclosed or characterized as an early termination to a prospective landlord.