Thank you for your continuing business. The state of Nevada recently completely its biennial legislative session, and passed a new law that may affect landlords in the state. Here are some highlights
Read below for a great synopsis of changes with regards to Nevada landlord-tenant laws. The state of Nevada recently completely its biennial legislative session, and passed a new law that may affect landlords in the state.
July 1, 2019 will usher in changes to existing laws and some new laws governing the relationships between landlord-tenant. Here are some of the key provisions in SB151 passed in the last 2 hours of the legislative session:
- The PAY OR QUIT is now 7 judicial days. Previously when rent was late, a landlord or its agent could file a 5-day demand for rent or quit (vacate the residence). It has been modified now to be 7 JUDICIAL days. This elongates the process more than it seems as North Las Vegas and Henderson operate on 4-day work weeks. With a Monday holiday thrown in, it could be more than 2 weeks to allow this process to time out where it previously took a week – regardless of holiday. Additionally, the unlawful detainer (notice to evict) cannot be filed until the day after the Pay or Quit notice expiration. It had previously been noon on the day of expiration.
- Reasonable late fees are capped at 5% of the monthly periodic rent.
- Eviction related notices must be served by Constable, Process Server, or Attorney. This means a property manager cannot serve notices themselves.
- Constable lockout times will extend as well by a day on average. Current law allows a Constable to post a “24 Hour Notice” on a door informing the tenant of the lockout within 24 hours. The new law changes this to mean no sooner that 24 hours but no later than 36.
- Former tenants get 5 days to retrieve “essential items”. Under personal property eviction law a landlord has to store items left behind in a property for 30 days. The landlord would have to send out a notice advising the tenant of their right to retrieve their items. The new law does not change process just described but adds a fun little provision. The landlord must provide access to the house within 5 days of vacating to allow “essential items” to be retrieved.
These items could be diapers, medicine, baby formula, medical devices, etc. Unfortunately, lawmakers did not stipulate how many times this could be requested during the 5 days nor how much time the tenant gets during the access. Now for the bite in this provision. If a landlord refuses access during this 5 day period if requested by the vacated tenant, it can be ordered by the Court and a penalty of $2500 assessed for refusing.
Of course the goal is to avoid eviction processes, and we are evaluating new ways to protect your income and ensure we operate with best practices as always.