Landlord’s Right to Access Rental Property
By Kyle Cirac
When a landlord needs to access a rental property, they must be familiar with the laws regarding a landlord’s right to access. Tenants do not always welcome their landlord into the rental property with open arms, and Nevada law gives each party certain rights regarding entry. This article addresses a landlord’s right to access in dwellings under Chapter 118A. For information regarding entry onto manufactured home park lots, refer to Chapter 118B of the Nevada Revised Statutes.
In dwellings under Chapter 118A, a landlord may enter a rental property to: (1) inspect the premises; (2) make necessary or agreed repairs, decorating, alterations or improvements; (3) supply necessary or agreed services; or (4) show the rental property to prospective or actual buyers, mortgagees, tenants, workers, contractors or other people with a real interest in inspecting the property (NRS 118A.330(1)). Before making any such entry to the property, the landlord must give the tenant at least 24 hours’ notice of his or her intent to enter and must enter only at a reasonable time during normal business hours, unless the tenant consents otherwise (NRS 118.330(3)).
While notice is usually required, the landlord may enter the property without notice or consent of the tenant in case of emergency (NRS 118A.330(2)). The statute does not define an emergency, but a conservative interpretation would include situations where the health or safety of a person is in immediate danger.
Other than the situations already discussed, the landlord does not have any right of entry, except: (1) pursuant to a court order; (2) if the tenant has abandoned or surrendered the premises; or (3) if the tenant has failed to perform basic obligations such as keeping the premises clean and safe and fails to comply with a 14-day notice requiring that the tenant remedy the breach within that time period, the landlord may enter to remedy the problem under NRS 118A.440 (NRS 118A.330(4)). A property has been abandoned if the landlord has notice of such fact by the tenant or if the tenant is absent for a period of time equal to one-half of the time for periodic rental payments, unless the rent is current or the tenant notified the landlord of the absence (NRS 118A.450).
Even though the law provides for entry in these situations, some tenants will still refuse access to a landlord. In the event a tenant does refuse access, the landlord may obtain injunctive relief requiring the tenant to allow access or may terminate the rental agreement (NRS 118A.500(1)).
In contrast, the landlord may not enter the property unlawfully or make repeated demands for entry which amount to unreasonable harassment of the tenant. If the landlord does so, the tenant may obtain injunctive relief to prevent the landlord from repeating the actions or may terminate the rental agreement (NRS 118A.500(2)).
If you need assistance in drafting a 24-hour notice of intent to enter or have other questions regarding a landlord’s right of entry, contact an attorney.
* The foregoing information is of a general nature. Landlords and tenants should contact their legal counsel with questions for advice concerning specific situations.