Private Landlord Tenant Laws in Washoe County

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Commonly Asked Questions Re:
Private Landlord Tenant Law In Washoe County

IX. Lockout

When can a landlord lock me out of my rental property?

Generally, landlords are entitled to lock you out only if they have cause to believe that you have abandoned the premises or with the authorization of a court in a legal eviction proceeding. The landlord can lock you out on the basis of abandonment if he in fact knows you have abandoned the premises or if you have been absent for one half of the rental period without paying current rent or giving the landlord written notice of your intended absence. NRS 118A.450. Otherwise, the landlord cannot take possession of your rental property unless you surrender it or he takes it pursuant to a court order. NRS 118A.480.

The only exception to this general rule may be small landlords who own or manage four or fewer rental units. For these small landlords, the Landlord Tenant Act, found at NRS Chapter 118A does not apply. NRS 118A.180(2)(c). The ability of such small landlords to lock out in other circumstances is unclear. If you are in this situation, see a lawyer or your local legal services program.

What action can I take if a landlord illegally locks me out?

You may file a lawsuit to force the landlord to allow you back into the premises. Generally, the assistance of an attorney is recommended for this action. You may also sue your landlord for actual damages. In addition to actual damages, a court has the power to award you up to $1,000 as punishment to the landlord for his illegal act. In determining the amount, if any, to be awarded, the court must consider (a) whether the landlord acted in good faith, (b) the course of conduct between the landlord and the tenant, and (c) the degree of harm to the tenant caused by the landlord's conduct. NRS 118A.390.

May I recover extra damages for other unlawful acts by my landlord?

Yes. Up to $1000 beyond actual damages can be awarded by a court, utilizing the same considerations as above, if a landlord willfully interrupts or causes or permits the interruption of any essential service (NRS 118A.390); illegally holds your personal property to get you to pay rent (NRS 118A.520); or if the landlord retaliates against you (NRS 118A.510).

If the landlord wrongfully refuses to refund your security deposit, you may recover up to the amount of your security deposit in addition to the return of the entire deposit. (NRS 118A.242). (See Section I entitled "Security Deposits".)

What is retaliation?

A landlord cannot in retaliation terminate your tenancy, refuse to renew your tenancy, increase rent, decrease essential services, or threaten to evict you if

  1. you have complained in good faith about a violation of a building, housing or health code to the appropriate government agency;

  2. complained in good faith to the landlord or a law enforcement agency of a violation of a landlord-tenant law or of a specific criminal law;

  3. organized or became a member of a tenants' union, or similar organization;

  4. a citation has been issued as a result of your complaint to a governmental agency;

  5. if you have sued a landlord or defended a suit from the landlord in which you raised an issue of a landlord's compliance with laws governing habitability of your premises

  6. you have failed or refused to give written consent to a regulation adopted by the landlord or complained in good faith to the landlord, a government agency, an attorney, a fair housing agency or any other appropriate body of a violation of the fair housing laws or you have otherwise exercised your rights which are protected by those laws. NRS 118A.510.

Retaliation not only gives you a right to sue for damages but it is also a defense if the landlord tries to evict you. You may not, however, claim retaliation if:

  1. the violation of any building, housing or health codes was caused primarily by you, a member of your household, or one of your guests;

  2. the landlord has a good reason to terminate your tenancy;

  3. any citation issued would require the landlord to vacate your premises in order to alter, remodel or tear down the building; or

  4. a rent increase is for all tenants. NRS 118A.510.

When can a landlord enter the premises?

The landlord has no right to enter the rented premises except under the following circumstances:

  1. In case of an emergency;

  2. Pursuant to court order;

  3. To supply necessary or agreed services;

  4. As agreed in a rental or lease agreement.

With 24 hours notice, the landlord may enter the rented premises under the following circumstances:

  1. To inspect the premises;

  2. To exhibit the rental to prospective or actual purchasers, mortgagors, tenants, workmen, contractors or other persons with a bona fide interest in inspecting the premises.

The landlord may not abuse the right of access or use it to harass the tenant. Except in the case of emergency, the landlord shall give the tenant at least 24 hours' notice of intent to enter and may enter only at reasonable times during normal business hours, unless the tenant expressly consents to shorter notice or to entry during non-business hours. NRS 118A.330(3).

A landlord can also enter the premises under the following circumstances:

  1. If after 14 days from written notice to the tenant, the tenant fails to comply with the landlord's notice to make repairs or maintain the premises pursuant to the rental or lease agreement, the landlord may enter to repair damages, replace a damaged item or cause cleaning or work to be done. NRS 118A.440.

  2. Where the tenant has abandoned or surrendered the premises. The rented dwelling cannot be considered abandoned and the landlord may not enter or take possession of the premises until the tenant has been absent from the premises for a period of time equal to one-half the rental period. (If rent is paid and/or the tenant has notified the landlord in writing of the intended absence, the landlord cannot consider the rental dwelling abandoned.) NRS 118A.450.

What can the landlord do if you refuse lawful access?

If the tenant refuses to allow lawful access as required by the rental agreement, or as set out above, the landlord may obtain a court order to compel access, or he may terminate the rental agreement. In either case, the landlord may bring an action against the tenant for any actual damages he may have suffered.

If the landlord makes an unlawful entry, or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain a court order to prevent the recurrence of the conduct or he may terminate the rental agreement. In either case, the tenant may bring an action against the landlord for any actual damages he may have suffered. NRS 118A.500.

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