If you're a renter in Nevada who has to relocate, dealing with your current lease can be problematic. While it's always best to enter into a rental agreement that has an early-termination clause, you can break your lease early if you meet specific conditions under Nevada law. Talk to a Nevada attorney for legal advice about your specific situation.
Lease Clauses and Negotiations
The easiest way to break a lease in Nevada is to do so in accordance with the terms of the lease. Some leases include clauses or provisions that cover early termination of the lease, such as if you need to move before the lease agreement is up. Even if a lease doesn't contain such a clause, it is always possible to negotiate the terms of an early termination with the landlord. A tenant, for example, may be able to negotiate an early termination without penalty if the tenant finds a new renter willing to enter into a lease at the time the tenant intends to move out.
When Habitability is and Issue
If a landlord fails to maintain a dwelling in a habitable condition, Nevada Revised Statutes section 118A.355 states that the tenant can, after delivering a written notice to the landlord, terminate the lease. Habitability means that the property has adequate waterproofing and weatherproofing, plumbing facilities in good working order, water supply with appropriate fixtures and similar conditions that affect the tenants ability to live in the property safely. If habitability problems exist, the tenant must give the landlord 14 days after delivery of the written notice to address the problems. If not, the tenant can terminate the lease.
Physical or Mental Disability
Nevada Revised Statutes Section 118A.340 states that a tenant with a physical or mental disability that requires the tenant to relocate because the property does not allow for proper treatment the tenant can terminate the lease by giving the landlord 30 days' notice within 60 days after the tenant relocates. A tenant who has a mental or physical condition and who is 60 years of age or older can terminate the lease for the same reason. The notice must state the reasons the tenant is breaking the lease, including verification of the medical condition.
Legally Breaking a Lease
Even if you don't have an early-termination clause in your lease or are unable to negotiate a new arrangement with the landlord, you can still move out of your leased property without fear of going to jail or breaking the law. A lease is a contract, and while the landlord might sue you to recover unpaid rent or keep your security deposit, that's about the worst you'll face.
References
- Nevada Legislature: Nevada Revised Statutes Chapter 118A - Landlord and Tenant - Dwellings
- NOLO: Tenant's Right to Break a Rental Lease in Nevada
- Nolo. "Tenant Rights to a Livable Place." Accessed March 24, 2020.
- Justia. "Major Repairs and Maintenance." Accessed March 24, 2020.
- Washington Law Help. "I am a Tenant Living in a Foreclosed Property. What are My Rights?" Accessed March 24, 2020.
- U.S. Department of Housing and Urban Development. "FHA Single Family Housing Policy Handbook - Glossary," Page 5. Accessed March 24, 2020.
- Bornstein Law. "A glance at owner move-in evictions in 2018." Accessed March 24, 2020.
- Wisconsin Department of Agriculture, Trade and Consumer Protection. "Student or Not, You Have Rights as a Tenant." Accessed March 24, 2020.
Writer Bio
Roger Thorne is an attorney who began freelance writing in 2003. He has written for publications ranging from "MotorHome" magazine to "Cruising World." Thorne specializes in writing for law firms, Web sites, and professionals. He has a Juris Doctor from the University of Kansas.