Developments in Landlord-Tenant Law

By Morgan F. Shah

Those following the most recent Nevada Legislative Session might have noticed several bills concerning residential landlord-tenant matters passed out of both houses; however, the Governor vetoed nearly all of them.  Nevertheless, there are several recent developments relating to rental housing of which residents should be aware.

Landlords prohibited from passing on fees for essential repairs.

Effective July 1, 2023, SB381 amended NRS 118A.290 to prohibit landlords from requiring tenants to pay any fee or other charge (including home warranty deductibles or copayments) to perform repairs, maintenance tasks, or other work which the landlord has a duty to perform in order to maintain the unit in a habitable condition.  Therefore, a landlord may not pass on fees or charges for maintenance or repairs needed to provide proper plumbing, hot water, electricity, heating, air conditioning, and other items as enumerated in NRS 118A.290(1).  However, this prohibition does not apply if the repairs are necessary to remedy a condition caused by the tenant, members of the tenant’s household, or their guests.

AB486 expired on June 5, 2023.

In 2021, the Nevada Legislature enacted AB486 to establish an eviction mediation program and require certain actions for summary eviction to be stayed where the tenant asserts as an affirmative defense that they have a pending application for rent assistance.  These provisions naturally expired on June 5, 2023.

Certain home sale leaseback arrangements exempt from NRS Chapter 118A.

Effective July 1, 2023, SB223 amended NRS 118A.180 to exempt home sale leaseback arrangements from NRS Chapter 118A, which governs residential landlord-tenant relationships, if the occupancy is for a period of no more than 90 days and the occupant is the seller.  SB223 also relocates provisions concerning an existing tenancy where there is a voluntary transfer or sale of the property from NRS 40.255 to a new section in NRS Chapter 118A.

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