Moving out of a rental property comes with important steps—from giving proper notice to protecting your security deposit. Our guide walks you through these processes under Nevada law, as well as when and how to notify your landlord, how to prepare the property, and your legal rights if you need to break a lease.
When and How to Tell Your Landlord
Your lease agreement should outline the time requirements to give notice of vacating to your property manager/landlord. If your lease agreement doesn't provide guidance, it's recommended that you give:
- 7 days' written notice for a week-to-week tenancy; or
- 30 days' written notice for a month-to-month tenancy.
Giving written notice by a letter, text, or email are all acceptable. We recommend keeping a copy for your own records, as well as proof of mailing.
IMPORTANT: If you give notice of vacating during your lease term, you may be responsible for rent and/or early termination fees because you're breaking your lease. However, as outlined below, there are certain circumstances under Nevada law where you can lawfully break a lease.
What to Write in Your Notice to Vacate
Your notice should inform the landlord of your intent to vacate the property and your move-out date. If you're receiving your security deposit back by mail, you should also provide your new address or inform the landlord that you'll provide one for your security deposit to be sent to.
Steps to Take When Vacating the Property
To ensure that you'll get as much of your security deposit back as possible, be sure to follow the steps below.
Clean the Property
- Dust, vacuum, and mop.
- Wipe down appliances (e.g., fridge, stove, and countertop).
- Review your lease to see if there's anything else you need to do (e.g., get the unit professionally cleaned or change A/C filters).
Repair Damages to the Property Other Than Normal Wear and Tear
- Fill in the holes on the wall.
- Clean the stains on the carpet.
Schedule a Walkthrough with the Property Manager or Landlord
The purpose of a walkthrough is for the property manager/landlord to take a look at the condition of the property. For the walkthrough, you should:
- Schedule it a few days before you move out; and
- Ask how you can get your deposit back in full (by fixing or cleaning anything).
Take Photos/Video of the Property to Use as Proof
- Take a video with you walking through the whole property.
- Take close-up photos of all areas.
Protect yourself: In case your landlord tries to keep your security deposit for something you know was not damaged (even after a walkthrough), the video/photos you take will come in handy.
Return All Keys
Return all the keys that were given you to when you first moved in, including:
- House keys and copies that you made;
- Mail key;
- Garage remotes; and
- Pool/laundry keys
You can return your keys by:
- Directly handing the keys to the property manager or landlord (preferred method). Protect yourself: Ask for a receipt for returning the keys.
- Sending via certified mail, return receipt requested (if handing the keys to a person is not possible).
- Leaving the keys inside the property if requested by the property manager/landlord. Protect yourself: Take videos/photos of where you left the keys with a written notice to the property manager or landlord stating where and when you left the keys.
Call NV Energy and Other Utility Providers for Accounts in Your Name
Tell NV Energy to turn off the power the day after you move out so future electricity bills will no longer be in your name. You can also let NV Energy and other utility providers know where you are moving so they can transfer your accounts/services to your new property.
Follow Up on Your Security Deposit
If you are getting your security deposit back by mail, let the property manager or landlord know your new address. More information on security deposits can be found below.
Instances Where Early Lease Termination is Allowed by Law
A tenant can terminate a lease early for any reason, but the tenant will still be responsible for paying all the rent until the lease expires (subject to the landlord's duty to re-rent the property in a timely manner). However, there are certain circumstances where ending a lease early will end the tenant's obligation to pay rent for the remainder of the lease agreement. The applicable laws (Nevada Revised Statutes) are explained below.
Physical or Mental Disability or Death (NRS 118A.340)
If a physical or mental condition of a tenant requires the relocation of the tenant because of a need for care or treatment that cannot be provided at the property, and the tenant is 60 years of age or older or has a physical or mental disability:
- That tenant may terminate the lease by giving the landlord 30 days written notice within 60 days after the tenant relocates; and
- A co-tenant (someone on the lease with the tenant) may terminate the lease by giving the landlord 30 days' written notice within 60 days after the tenant relocates if:
- The co-tenant became a tenant before the date on which the lease was signed by the tenant who is relocating and the co-tenant is 60 years of age or older or has a physical or mental disability; or
- The co-tenant became a tenant on or after the date on which the lease was signed by the tenant who is relocating.
A lease can also be lawfully terminated after the death of the spouse or co-tenant of:
- A tenant who is 60 years of age or older; or
- A tenant who has a physical or mental disability.
The tenant may terminate the lease by giving the landlord 60 days' written notice within three months after the death.
All written notices described above must set forth the facts that demonstrate the tenant or co-tenant is entitled to terminate the lease. The notice must also include:
- Reasonable verification of the existence of the physical or mental condition of the tenant; and
- Reasonable verification that the physical or mental condition requires the relocation of the tenant from their property because of a need for care or treatment that cannot be provided there.
Being a Victim of Domestic Violence, Harassment, Sexual Assault, or Stalking (NRS 118A.345)
A tenant may terminate the lease by giving the landlord written notice of termination that is effective at the end of their current lease period or 30 days after the notice, whichever is sooner. The incident must have occurred within the 90 days immediately preceding the written notice of termination, must describe the reason for the termination, and be accompanied by supporting documents. In the case of domestic violence, the notice must be accompanied by any of the three documents below.
- A copy of an order for protection against domestic violence issued to the tenant, co-tenant, or household member who is the victim of domestic violence
- A copy of a written report from a law enforcement agency indicating that the tenant, co-tenant, or household member notified the law enforcement agency of the domestic violence
- A copy of a written affidavit in the form prescribed pursuant to NRS 118A.347 and signed by a qualified third party acting in their official capacity stating that the tenant, co-tenant, or household member is a victim of domestic violence and identifying the adverse party
If the lease termination is due to harassment, sexual assault, or stalking, the notice must be accompanied by either of the two documents below.
- A copy of a written report from a law enforcement agency indicating that the tenant notified the law enforcement agency of the harassment, sexual assault or stalking, as applicable
- A copy of a temporary or extended order issued pursuant to NRS 200.378 or 200.591, as applicable
A tenant or co-tenant who terminates a rental agreement under this law is only responsible for any rent owed or required to be paid through the date of termination and any other outstanding obligations.
Landlord's Failure to Comply with Rental Agreement (NRS 118A.350)
If the landlord fails to comply with (breaches) the rental agreement, the tenant must deliver a written notice to the landlord specifying the acts/omissions constituting the breach and stating that the rental agreement will terminate as provided in this law. If the breach can be remedied and the landlord adequately remedies the breach or uses his or her best efforts to remedy the breach within 14 days after receipt of the notice, the rental agreement remains in effect. If the landlord fails to remedy the breach or make a reasonable effort to do so within 14 days, the tenant may:
- Terminate the rental agreement immediately;
- Recover actual damages; or
- Sue the landlord for relief.
If the rental agreement is terminated, the landlord must return all prepaid rent and any security deposit.
Landlord's Failure to Maintain Property in Habitable Condition (NRS 118A.355)
If a landlord fails to maintain the property in a habitable (livable) condition for non-essential services, the tenant must provide written notice to the landlord of the failure(s). If a failure can be remedied and the landlord adequately remedies the failure or uses their best efforts to remedy it within 14 days after receipt of the notice, the tenant cannot proceed against the landlord. If the landlord fails to remedy an important failure to maintain the unit in a habitable condition or to make a reasonable effort to do so within 14 days, the tenant may
- Terminate the rental agreement immediately;
- Recover actual damages;
- Sue the landlord for relief; or
- Withhold rent without incurring late fees, charges for notice or any other charge or fee or the rental agreement until the landlord has remedied, or has attempted in good faith to remedy, the failure.
You can click here for more detailed information on habitability and for sample letters to send to your landlord from the Civil Law Self-Help Center website.
Landlord's Duty to Return Your Security Deposit
When the tenancy ends, the landlord may withhold from the security deposit only the amounts reasonably necessary to cover unpaid rent, damages to the premises other than normal wear and tear, and reasonable cleaning costs. See below for some frequently asked questions regarding security deposits.
When and How Will I Get My Security Deposit Back?
The landlord must give the tenant an itemized, written accounting of the disposition of the security deposit, and return any remaining portion of the security deposit to the tenant no later than 30 days after the end of the tenancy by giving it to the tenant personally or by mailing it to the tenant's last-known address (NRS 118A.242(4)).
I Have Not Received My Security Deposit Back. What Do I Do?
If it has been over 30 days since you moved out and you haven't received your security deposit, you have the option of taking the landlord to court. The landlord may be liable to you for damages totaling the full security deposit, plus an amount determined by the court, up to the full security deposit amount (NRS 118A.242(6)).
Why Did I Not Get My Full Security Deposit Back?
The landlord is allowed to use part or all of your security deposit to pay for past-due rent, costs of repair (other than normal wear and tear), and reasonable cleaning. However, when the landlord uses your security deposit, they must provide you with a document listing the items/services that they used your deposit for. This document must be sent to you no later than 30 days after the tenancy ends (NRS 118A.242(4)).
What If I Don't Agree with How the Landlord Used My Security Deposit?
If you believe that your security deposit has been used improperly after reviewing the statement provided by the landlord, you can sue the landlord in small claims court for the amount you believe is owed to you. The small claims process begins with a demand letter to the landlord for the money you believe that you're owed. For more information on small claims court, you can attend our online Small Claims class, speak with an attorney over the phone during our Small Claims Ask-A-Lawyer events, or visit the Civil Law Self-Help Center website.
