Nevada Law on Rent Increases

By Kyle Cirac

 

Recently, there has been an influx of new residents and businesses in the Reno/Sparks area.  Landlords are performing maintenance on their rental properties and revitalizing historic neighborhoods.  This has led to an increase in property values and taxes, and for some tenants, an increase in rental prices.  This article addresses rent increases in dwellings under Chapter 118A and manufactured home parks under Chapter 118B of the Nevada Revised Statutes.

            In dwellings under Chapter 118A, a landlord must give the tenant 45 days written notice of the intended increase prior to the first rental payment being due.  If there is a written lease agreement with a specified rent amount, the landlord is not permitted to increase the rent during the term of the lease.  However, if the lease provides for a rent increase at the end of the term or if the landlord gives written notice to the tenant 45 days before the lease is due to expire, the new rate will apply at the expiration of the term, provided the tenant continues to occupy the premises.  In a periodic tenancy with a term of less than one month, the landlord is only required to give 15 days written notice (NRS 118A.300).

In addition to the requirements of the above, a landlord may not increase rent in retaliation against a tenant (NRS 118A.510(1)).  For example, if a tenant complains of a health code violation, joins a tenant’s union, or terminates their rental agreement as a result of domestic violence, the landlord may not increase the rent in retaliation.  These are just a few examples and there are other instances where this statute applies.  Consult a lawyer if you are unsure whether your rent increase could be construed as retaliatory.

Currently, Nevada does not have any “rent control” laws and landlords may increase the rent to any amount which the market will bear.

            For space rentals in manufactured home parks under Chapter 118B, a landlord must give written notice to the tenant 90 days prior to the first increased payment (NRS 118B.150(1)(a)(3)).  The notice must be given to the tenant either by personal service or by first-class mail (NRS 118B.030).  If the landlord or his or her agent or employee is aware or should reasonably be aware of any tenant who receives assistance from the Fund for Low-Income Owners of Manufactured Homes under NRS 118B.215, notice must also be given to the Administrator 90 days prior to the first increased payment.

Any rent increase must result in the same rent charged for manufactured homes of the same size or lots of the same size or of a similar location within the park (NRS 118B.150(1)(a)(1)).  Consider a hypothetical situation: a park charges $450.00 per month for most of their double wide home spaces.  There are 3 double wide spaces which are charged $475.00 per month.  After the rent increase, the rent charged for these spaces must be the same.  This general rule applies unless the spaces can be differentiated on another basis, such as lots with a view.

There is a similar to statute relating to retaliatory conduct by a landlord under Chapter 118B.  The statute prohibits a landlord from increasing rent in retaliation where a tenant has complained of a safety or health code violation, becomes a member of a tenants’ league, or a citation was issued to the landlord as a result of a complaint of the tenant.  Again, these are just a few examples and there are other instances where this statute applies.  For a complete list of the prohibited retaliatory conduct, refer to NRS 118B.210.

Landlords under Chapter 118B should also be aware that when a service, utility or amenity is decreased or eliminated, the rent must be reduced proportionately (NRS 118B.153).  For instance, if a manufactured home park offers landscaping services included in the monthly rent, and later decides to eliminate this service, the rent must be reduced proportionately.

If you have questions about rent increases, required notices, or retaliatory conduct, 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.