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Landlord's Delivery Of The Rental Property

Q&A - Delivery Of The Property


When must the landlord give the tenant full possession of the rental property?

As soon as the tenant's rental term starts (which should be set out in the lease), the landlord must give the tenant possession of the rental property. When the landlord turns over possession to the tenant, the rental property must comply with the lease and be in a "habitable condition" as required by Nevada's Residential Landlord and Tenant Act (Chapter 118A of the Nevada Revised Statutes).  (NRS 118A.280)  To learn what "habitable condition" means, click to read Habitability and Essential Services.

What happens if the landlord does not give the tenant possession of the rental property?

If the landlord does not give tenant possession of the rental property at the start of tenant's rental term, tenant's rent "abates" (stops, does not accrue) until the landlord gives tenant possession of a property that complies with the lease and Nevada law.  (NRS 118A.370.)

Additionally, the tenant can do one of the following:

  • Terminate the lease after giving the landlord a five-day written notice. If tenant terminates the lease, the landlord must return to the tenant all prepaid rent, security deposits, and any other payment, fee, or charge.
  • Demand that landlord performance the lease and possibly sue the landlord for possession.
  • Pursue any other remedies the law allows, including suing the landlord for tenant's damages.

    (NRS 118A.370.)