This chapter may be cited as the Residential Landlord and Tenant Act. Added to NRS by As used in this chapter, unless the context otherwise requires, the terms defined in NRS A. Added to NRS by; A, The construction, maintenance, operation, occupancy, use or appearance. Nonpayment of utility charges if the landlord customarily pays such charges and submits a separate bill to the tenant.

All or part of the legal title to property, except a trustee under a deed of trust who is not in possession of the property; or. All or part of the beneficial ownership, and a right to present use and enjoyment of the premises. For a tenancy for a fixed term or a tenancy on a month to month basis, the amount of money payable each month. For a tenancy on a week to week basis, the amount payable each week; and. For a tenancy on an annual basis, the amount payable annually divided by Added to NRS by; A Except as otherwise provided in subsection 2, this chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit or premises located within this State.

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Added to NRS by; A;;;; Written notices to the tenant prescribed by this chapter shall be served in the manner provided by NRS Written notices to the landlord prescribed by this chapter may be delivered or mailed to the place of business of the landlord designated in the rental agreement or to any place held out by the landlord as the place for the receipt of rental payments from the tenant and are effective from the date of delivery or mailing.

Any written agreement for the use and occupancy of a dwelling unit or premises must be signed by the landlord or his or her agent and the tenant or his or her agent. The landlord shall provide one copy of any written agreement described in subsection 1 to the tenant free of cost at the time the agreement is executed and, upon request of the tenant, provide additional copies of any such agreement to the tenant within a reasonable time.

The landlord may charge a reasonable fee for providing the additional copies. Any written rental agreement must contain, but is not limited to, provisions relating to the following subjects:. In addition to the provisions required by subsection 3, any written rental agreement for a single-family residence which is not signed by an authorized agent of the landlord who at the time of signing holds a permit to engage in property management pursuant to chapter of NRS must contain a disclosure at the top of the first page of the agreement, in a font size at least two times larger than any other font size in the agreement, which states that:.

The absence of a written agreement raises a disputable presumption that:. It is unlawful for a landlord or any person authorized to enter into a rental agreement on his or her behalf to use any written agreement which does not conform to the provisions of this section, and any provision in an agreement which contravenes the provisions of this section is void.

The term does not include a manufactured home as defined in NRS B.Property Management. Being a landlord requires wearing many different hats. Each hat comes with a unique set of responsibilities that landlords should be aware of.

In this guide we will assess all the landlord responsibilities you should be aware of before investing in self-managed rental properties. By understanding your basic obligations it will allow you to avoid unnecessary issues with tenants and the governing bodies. A landlord is also responsible for financials, taxes, utilities and property maintenance. From a compliance standpoint a landlord is also responsible to follow rules set out by the FHA, FCRA, federal laws, state laws, and local ordinances.

A warranty of habitability is an inherent right afforded to tenants regardless of the lease. This means the tenant should have functioning hot water and heat in the rental. A broken staircase or insect infested bedroom are also violations of the warranty of habitability.

This inherent right covers just the quality and livability of the rental.

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Every rental will vary in what safety codes are required. Different states and cities may have different regulations. Your new tenant should also receive a lead paint pamphlet explaining the risks of lead paint in buildings built before It is a violation if mold is found in an apartment, and your landlord is required by law to clean the mold and to also fix the condition that causes water to build up.

Every rental will differ on occupancy standards.

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You need to be careful not to discriminate against familial status if you have a large family applying for a smaller rental. Laws will dictate how many smoke detectors and carbon monoxide detectors are required for each room and floor of your rental.

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It may vary depending on if appliances are in that room or what your state laws dictate. Research the laws specific to your rentals location. A landlord must install window guards when asked to do so, in writing, by a tenant who has a child 10 years of age or younger either living in the apartment or regularly spending a lot of time there.

Here in our city of Buffalo, NY we receive a good amount of snow fall. The landlord and occupant are equally required to make sure the sidewalk is free and clear of ice and snow.Except as otherwise provided by this chapter, in this chapter:. Acts68th Leg. Amended by Acts73rd Leg.

This chapter applies only to the relationship between landlords and tenants of residential rental property. A landlord's duty to install a smoke alarm under Subchapter F may not be waived, nor may a tenant waive a remedy for the landlord's noninstallation or waive the tenant's limited right of installation and removal.

The landlord's duty of inspection and repair of smoke alarms under Subchapter F may be waived only by written agreement. B the agreement for repairs by the tenant is either underlined or printed in boldface in the lease or in a separate written addendum.

D the agreement is made knowingly, voluntarily, and for consideration. This subsection shall not affect the landlord's duty under Subchapter B to repair or remedy, at the landlord's expense, wastewater stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment. A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision 4 of Subsection e of this section.

Amended by Acts71st Leg. Acts79th Leg. January 1, Acts82nd Leg. September 1, Acts84th Leg. Venue for an action under this chapter is governed by Section A prominently displays the words "electricity termination notice" or similar language underlined or in bold.

C is delivered not earlier than the first day after the bill is past due or later than the fifth day before the interruption date stated in the notice; and.

A prominently displays the words "electricity termination notice" or similar language underlined or in bold; and. A the previous day's highest temperature did not exceed 32 degrees Fahrenheit and the temperature is predicted to remain at or below that level for the next 24 hours according to the nearest National Weather Service reports; or.

B the National Weather Service issues a heat advisory for a county in which the premises is located or has issued such an advisory on one of the two preceding days. The deferred payment plan must allow the tenant to pay the outstanding electric bill in installments that extend beyond the due date of the next electric bill and must provide that the delinquent amount may be paid in equal installments over a period equal to at least three electric service billing cycles.

A reconnection fee may not be applied unless agreed to by the tenant in a written lease that states the exact dollar amount of the reconnection fee. A fee may not be applied to a deferred payment plan entered into under this section.

Amended by Acts69th Leg. Renumbered from Sec. Amended as Sec. Amended by Acts74th Leg. Acts81st Leg. Acts83rd Leg. If a landlord removes any of the items listed in this subsection for a bona fide repair or replacement, the repair or replacement must be promptly performed.

A the earliest date that the landlord proposes to change the door locks. B the amount of rent the tenant must pay to prevent changing of the door locks. C the name and street address of the individual to whom, or the location of the on-site management office at which, the delinquent rent may be discussed or paid during the landlord's normal business hours; and.

D in underlined or bold print, the tenant's right to receive a key to the new lock at any hour, regardless of whether the tenant pays the delinquent rent. Redesignated from Property Code Sec. Acts80th Leg. The tenant must also state orally under oath to the justice the facts of the alleged unlawful lockout.Tenants have the right to privacy in their rental unit.

However, there are certain legal reasons a tenant must let a landlord enter their apartment. Before entering the apartment, a landlord is usually required to give a tenant advance notice. Learn ten times a tenant must let a landlord in.

In general, a landlord is allowed to enter a tenant's rental unit for issues directly related to the property. This includes:. This is also referred to as a walk-through inspection.

A landlord must usually provide the tenant with advance notice of the date and time this inspection will take place, even if they're a live-in landlord.

Under landlord-tenant law, a landlord must keep the rental property in a habitable condition. This includes making ordinary repairsnecessary repairs, and repairs that have been requested specifically by the tenant. Adding central air conditioning to a unit that did not previously have it would be an example of an improvement. The landlord has the right to enter the tenant's apartment to provide necessary services or those that have been agreed to or requested by the tenant.

This could include showing the unit to prospective tenantsactual tenants who will be living in the unit once the current tenant leaves, prospective buyers, actual buyers, appraisers, mortgagees, repairmen or contractors. If the tenant has abandoned the unit, the landlord has the right to enter. States have different laws for when the unit is considered abandoned. The landlord will need to get rid of any possessions left behind and get the apartment ready to show to prospective tenants.

In situations where the tenant is violating health or safety codes, the landlord has the right to enter the unit to fix the issue. A landlord can enter the unit when accompanied by a law enforcement officer to issue a service of process order regarding the eviction. Examples of harassment include cutting off necessary services or repeatedly entering a tenant's rental without notice.

Examples of emergencies would include:.

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If a tenant has specifically asked the landlord to repair or service something in his or her unit, the landlord may enter the unit during additional hours. The landlord can enter the apartment at any hour of the day, as long as the landlord and tenant both agree to this time.

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These services could include pest control or changing air-conditioning or furnace filters. This requirement may be lifted for events such as:. However, in these situations, the landlord must still announce him or herself and the reason for needing access to the unit before entering.

No, a tenant is not permitted to change the door locks on his or her unit unless he or she first consults the landlord and is granted permission by the landlord to do so. Even if permission is granted, the tenant usually has a certain number of days to provide the landlord with a set of keys that can open the new locks.

Landlords Legal Issues.The landlord-tenant law requires landlords to maintain their rental property.

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Although the specific requirements will differ slightly by state, there are general responsibilities that all landlords will have. Here are six ways a landlord must keep up with property maintenance. Landlords are responsible for protecting the safety of their tenants.

Building and safety codes can regulate:.

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Most towns will require you to have your property inspected before you can place tenants in the property. These inspectors are checking to make sure the property complies with all the safety codes, such as having working smoke and carbon monoxide detectors and meets the standards for habitability, such as having running water. A landlord is responsible for ensuring that the property is in habitable condition.

However, replacing the entire roof because of one small leak would not be reasonable or necessary. Under landlord-tenant lawa landlord is responsible for maintaining all common areas of the building. This involves making sure they are:. A landlord is responsible for ensuring that all vital processes are in functioning order.

This includes, but is not limited to:. This requirement is not for the landlord to actually supply the utility to the tenant. It is just to make sure the systems to supply them are in good and functioning order. Whether the utilities, such as heat and electricity, are included in the price of the rental and thus the responsibility of the landlord, is a separate issue that should be spelled out in the lease agreement.

Landlords are required to provide the appropriate garbage cans or recycling bins for debris. These bins should be equipped for storing the trash until it is time for removal. The size of the bins and the number of bins must be appropriate for the size of the rental property. For example, one trash bin for a 20 unit building is not going to cut it. The landlord is also responsible for the removal of this trash, whether it be taking it out themselves or arranging for someone else to do so.

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Under the landlord-tenant act, a landlord is responsible for providing the tenant with running water. The landlord is also responsible for providing adequate heat in the cold months, air conditioning in the warm months if the unit has central air conditioning and hot water.

Units in which these utilities are directly installed and can only be directly controlled by the tenant and are connected directly to a public utility do not have to follow this rule. Landlords Legal Issues.

By Full Bio Follow Twitter. She has more than 16 years of experience in real estate. Read The Balance's editorial policies. It also means keeping the area free from hazards that could cause injuries, such as faulty banisters or unsafe stairs.

Clean- The responsibility to keep common areas clean often only applies to properties that have more than one unit. The area does not have to be pristine, but it does need to be consistently free from trash and other debris.

If a tenant is responsible for the common area being consistently dirty, then the landlord can send a notice to quit the behavior. If the behavior does not stop, the landlord may be able to file for an eviction.The landlord and tenant statutes are located in Title 32, Article 31 of the Indiana state code. There are 9 chapters that cover aspects of a landlord-tenant agreement, such as tenant obligations, landlord obligations, security deposits, and general provisions. Indiana code gives rights to landlords and tenants with regards to the residential rental unit, possession of the unit, and legal recourse.

Indiana does not have an extensive landlord-tenant act like other states do, so some Indiana cities have their own housing codes. A Indiana tenant has rights and protection under the Indiana code covering the landord-tenant relationship. A tenant has the right to a safe home, called an implied warranty of habitability. The rental unit must be up to housing code standards prior to a tenant moving in, or the habitability clause is breached.

Security deposit laws give the tenant the right to receive the security deposit, minus any damages, within 45 days of leaving the rental unit. Chapter 9 of Indiana code deals with tenant rights, when the tenant is a victim of a crime. The tenant is protected against retaliatory action from a landlord who might discriminate against a crime victim. The tenant also has the right to have locks changed and has the ability to terminate the rental agreement with days notice.

A landlord has the right to enter the rental unit, although he cannot enter any time he wishes. The landlord first gives reasonable notice to visit at reasonable hours. Neither instance of reasonable is defined in the Indiana code, but most landlords give hour notice and enter during normal business hours.

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The reasons of entry include requested repairs, inspection, maintenance, court order, abandonment, showing the apartment to prospective tenants, or emergencies. The landlord also has the right to terminate tenancy and pursue an eviction case for tenants who do not pay owed rent, or violate a lease term and do not quit the property when notice is delivered.

Chapter 7 provides information on the required tenant obligations. A tenant must follow health and housing codes, both for the state and any local requirements. The rental unit must be kept clean, all home systems such as water or electric are to be used in a reasonable manner, damage or defacing the property is prohibited. The tenant must follow the rules and regulations of the lease and keep smoke detectors working.

The tenant must give the rental unit back in as close to original condition as possible. Normal wear and tear damage is permitted, but major changes need to be switched back if required by the landlord. Chapter 8 covers all landlord obligations under a rental agreement.

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The landlord is not able to waive any of the statutes in this chapter using a lease clause. The clause is considered void in that case. The landlord is responsible for delivering possession of a safe and clean dwelling to the tenant.

Like the tenant, the landlord must adhere to housing and health codes. Common areas of the rental building or grounds are the landlord's responsibility, and must be kept clean and safe.

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Electric, heating, ventilation, appliances, plumbing, and sanitary systems must be kept in good working order. This provides the proper notice periods for lease termination. Termination for non-payment of rent requires a day written notice. The notice template is provided in the Indiana code. No notice is required in certain situations, such as the end of a lease term or the tenant is a tenant at sufferance.

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