Nevada · Breaking a Lease
Breaking a Lease Early in Nevada: What Are My Options?
This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in Nevada.
Breaking a lease early is legally complicated. If you are in danger, leave and get safe first. Otherwise, talk to legal aid as soon as you can, before you move out or stop paying rent.
If you leave early, you can still owe rent after you move out, up to the end of your lease.
Even with a good reason to leave, a court might disagree.
This page covers when Nevada law lets you leave a lease early. It covers leaving for abuse, age or health, or a home that is not fit to live in. It also covers how to give notice and what happens to your deposit.
If you leave without a legal reason
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If your landlord has no notice that you left, the law presumes (assumes, unless shown otherwise) that you abandoned your home. That happens when you are away for one-half of the time between rent payments. It does not apply if your rent is current or you told your landlord in writing about a planned absence.
Source:Tip.Read your lease before you decide. Check whether it lets you end it early and what penalty you must pay.
When you can leave early
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If your landlord does not keep your home fit to live in, send a written notice listing each failure. The law gives your landlord 14 days after getting it to fix a failure that can be fixed, or to do their best. If they do, you cannot end your lease for it. If they do not fix a serious failure or try in that time, you can end your lease right away.
Source:Think before you call an inspector.You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.
Tip.Write down each problem, every time you contacted your landlord, and the day you moved out.
Tip.Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.
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Your lease or the law may say your landlord must give you heat, water, electricity, gas or a lock. If your landlord does not, on purpose or carelessly, and your home is unfit to live in, send a written notice. The law gives your landlord 48 hours after getting it, not counting weekends or holidays, to fix it or try. If they do not, you can get another home like yours, and your rent stops.
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After you move out
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The law gives your landlord 30 days after your rental ends, for any reason, to return your deposit. Your landlord must send a written list of what was taken out. The landlord may keep only what is reasonably needed for unpaid rent, damage beyond normal wear, and cleaning. The landlord returns what is left by handing it to you or mailing it to your present address or, if unknown, your last known address.
Source:Tip.Before you leave, clean the home and take photos of how you left it.
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If your landlord says you owe more, a debt collector may call or write to you. The collector must tell you how much, who it is for and how to say it is wrong. You have 30 days after you get that notice to write back. Then the collector must stop trying to get that money until it answers you.
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Your landlord can take money from your pay or benefits only after winning in court. The court must issue a judgment (the court's final decision) that you owe the debt. If you are sued, do not ignore it. You can lose the case if you do not go to court.
Sources:Tip.If you get court papers, do not ignore them. Go to court, or you can lose the case.
From Consumer Financial Protection Bureau.
Special protections
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You can end your lease early if you, another renter on your lease or someone you live with is a victim. This covers domestic violence, sexual assault, stalking and harassment (unwanted, mean acts). It must have happened in the 90 days before your notice. Give your landlord written notice. Your lease ends when the current rent period ends or in 30 days, whichever is first.
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To end your lease for domestic violence, your notice must say why. Attach one of three papers. One is a protection order (a court order). One is a report from law enforcement. One is an affidavit (a sworn written statement) from a qualified third party. Reporting is your choice.
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If you want to end your lease because of harassment (unwanted, hostile treatment), sexual assault or stalking, your notice must tell your landlord why. You must send one of two papers with it. One is a report from law enforcement. The other is a court order that is temporary or extended. You do not have to report.
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If you end your lease early for any of these reasons, you owe rent only through the day your lease ends. You also owe other things you still owe on the lease. Your landlord may not keep your deposit for leaving early.
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You can end your lease early if you are 60 or older or have a physical or mental disability. A condition must require you to move for care or treatment your home cannot give. Send your landlord 30 days' written notice within 60 days after you move.
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Another renter on your lease can also end it with 30 days' written notice within 60 days after you move. They must have become a renter before you signed the lease and be 60 or older or have a disability. If they became a renter on or after the day you signed, no age or disability is needed.
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