Can a Lease in Nevada Be Terminated Orally?
Full Question:
Answer:
Written notice to move out and end the tenancy is required despite not having a written lease.
Without a written lease, a tenant is generally considered a month-to-month, at-will tenant. “Rental agreement” means any oral or written agreement for the use and occupancy of a dwelling unit or premises. Written notice is required to terminate a tenancy-at-will.
Putting in floors wouldn't be considered a security deposit, perhaps it may be considered a payment in lieu of a security deposit. Because it would likely cause damage to return the flooring, it would likely be considered permanently affixed and not refunadable. Security is defined as follows:
1. Any payment, deposit, fee or charge that is to be used for any of the following purposes is “security” and is governed by the provisions of this section and NRS 118A.242 and 118A.244:
(a) Remedying any default of the tenant in the payments of rent.
(b) Repairing damages to the premises other than normal wear caused by the tenant.
(c) Cleaning the dwelling unit.
Please see the following NV statute:
NRS 118A.242 Security: Limitation on amount or value; duties and liability
of landlord; damages; prohibited provisions.
1. The landlord may not demand or receive security, including the last
month's rent, whose total amount or value exceeds 3 months' periodic rent.
2. Upon termination of the tenancy by either party for any reason, the
landlord may claim of the security only such amounts as are reasonably
necessary to remedy any default of the tenant in the payment of rent, to
repair damages to the premises caused by the tenant other than normal wear
and to pay the reasonable costs of cleaning the premises. The landlord
shall provide the tenant with an itemized written accounting of the
disposition of the security and return any remaining portion of the
security to the tenant no later than 30 days after the termination of the
tenancy by handing it to him personally at the place where the rent is
paid, or by mailing it to him at his present address, or if that address is
unknown, at the tenant's last known address.
3. If the landlord fails or refuses to return the remainder of a security
deposit within 30 days after the end of a tenancy, he is liable to the
tenant for damages:
(a) In an amount equal to the entire deposit; and
(b) For a sum to be fixed by the court of not more than the amount of the
entire deposit.
4. In determining the sum, if any, to be awarded under paragraph (b) of
subsection 3, the court shall 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.
5. Except for an agreement which provides for a nonrefundable charge for
cleaning, in a reasonable amount, no rental agreement may contain any
provision characterizing any security under this section as nonrefundable
or any provision waiving or modifying a tenant's rights under this
section. Any such provision is void as contrary to public policy.
6. The claim of a tenant to security to which he is entitled under this
chapter takes precedence over the claim of any creditor of the landlord.
