Nev. Rev. Stat. ch. 118A § 118A.345

1. Notwithstanding any provision in a
rental agreement to the contrary, if a tenant, cotenant or household member is
the victim of domestic violence, harassment, sexual assault or stalking, the
tenant or any cotenant may terminate the rental agreement by giving the
landlord written notice of termination effective at the end of the current
rental period or 30 days after the notice is provided to the landlord,
whichever occurs sooner.
2. In the case of a termination of a
rental agreement pursuant to this section on the grounds that a tenant,
cotenant or household member is a victim of domestic violence, the written
notice provided to a landlord pursuant to subsection 1 must describe the reason
for the termination of the rental agreement and be accompanied by:
(a) A copy of an order for protection against
domestic violence issued to the tenant, cotenant or household member who is the
victim of domestic violence;
(b) A copy of a written report from a law
enforcement agency indicating that the tenant, cotenant or household member
notified the law enforcement agency of the domestic violence; or
(c) A copy of a written affidavit in the form
prescribed pursuant to NRS 118A.347
and signed by a qualified third party acting in his or her official capacity
stating that the tenant, cotenant or household member is a victim of domestic
violence and identifying the adverse party.
3. In the case of a termination of a
rental agreement pursuant to this section on the grounds that a tenant,
cotenant or household member is a victim of harassment, sexual assault or
stalking, the written notice provided to a landlord pursuant to subsection 1
must describe the reason for the termination of the rental agreement and be
accompanied by:
(a) A copy of a written report from a law
enforcement agency indicating that the tenant, cotenant or household member
notified the law enforcement agency of the harassment, sexual assault or
stalking, as applicable; or
(b) A copy of a temporary or extended order
issued pursuant to NRS 200.378 or 200.591, as applicable.
4. A tenant or cotenant may terminate a
rental agreement pursuant to this section only if the actions, events or
circumstances that resulted in the tenant, cotenant or household member
becoming a victim of domestic violence, harassment, sexual assault or stalking
occurred within the 90 days immediately preceding the written notice of
termination to the landlord.
5. A tenant or cotenant who terminates a
rental agreement pursuant to this section is only liable, if solely or jointly
liable for purposes of the rental agreement, for any rent owed or required to
be paid through the date of termination and any other outstanding obligations.
If the tenant or cotenant has prepaid rent that would apply for the rental
period in which the rental agreement is terminated, the landlord may retain the
prepaid rent and no refund is due to the tenant or cotenant unless the amount
of the prepaid rent exceeds what is owed for that rental period. Except as
otherwise provided in NRS 118A.242, if
the tenant or cotenant has paid a security deposit, the deposit must not be
withheld for the early termination of the rental agreement if the rental
agreement is terminated pursuant to this section.
6. A person who is named as the adverse
party may be civilly liable for all economic losses incurred by a landlord for
the early termination of a rental agreement pursuant to this section,
including, without limitation, unpaid rent, fees relating to early termination,
costs for the repair of any damages to the dwelling and any reductions in or
waivers of rent previously extended to the tenant or cotenant who terminates
the rental agreement pursuant to this section.
7. A landlord shall not provide to an
adverse party any information concerning the whereabouts of a tenant, cotenant
or household member if the tenant or cotenant provided notice pursuant to
subsection 1.
8. If a tenant or cotenant provided notice
pursuant to subsection 1, the tenant, the cotenant or a household member may
require the landlord to install a new lock onto the dwelling if the tenant,
cotenant or household member pays the cost of installing the new lock. A
landlord complies with the requirements of this subsection by:
(a) Rekeying the lock if the lock is in good
working condition; or
(b) Replacing the entire locking mechanism with a
new locking mechanism of equal or superior quality.
9. A landlord who installs a new lock
pursuant to subsection 8 may retain a copy of the new key. Notwithstanding any
provision in a rental agreement to the contrary, the landlord shall:
(a) Refuse to provide a key which unlocks the new
lock to an adverse party.
(b) Refuse to provide to an adverse party,
whether or not that party is a tenant, cotenant or household member, access to
the dwelling to reclaim property unless a law enforcement officer is present.
10. This section shall not be construed to
limit a landlord’s right to terminate a rental agreement for reasons unrelated
to domestic violence, harassment, sexual assault or stalking.
11. Notwithstanding any other provision of
law, the termination of a rental agreement pursuant to this section:
(a) Must not be disclosed, described or
characterized as an early termination by a current landlord to a prospective
landlord; and
(b) Is not required to be disclosed as an early
termination by a tenant or cotenant to a prospective landlord.
12. As used in this section:
(a) “Adverse party” means a person who is named
in an order for protection against domestic violence, harassment, sexual
assault or stalking, a written report from a law enforcement agency or a
written statement from a qualified third party and who is alleged to be the
cause of the early termination of a rental agreement pursuant to this section.
(b) “Cotenant” means a tenant who, pursuant to a
rental agreement, is entitled to occupy a dwelling that another tenant is also
entitled to occupy pursuant to the same rental agreement.
(c) “Domestic violence” means the commission of
any act described in NRS 33.018.
(d) “Harassment” means a violation of NRS 200.571.
(e) “Household member” means any person who is
related by blood or marriage and is actually residing with a tenant or
cotenant.
(f) “Qualified third party” means:
(1) A physician licensed to practice in
this State;
(2) A psychiatrist licensed to practice
medicine in this State and certified by the American Board of Psychiatry and
Neurology, Inc. or the American Osteopathic Board of Neurology and Psychiatry
of the American Osteopathic Association;
(3) A psychologist licensed to practice in
this State;
(4) A social worker licensed to practice
in this State;
(5) A registered nurse holding a master’s
degree in the field of psychiatric nursing and licensed to practice
professional nursing in this State;
(6) A marriage and family therapist or
clinical professional counselor licensed to practice in this State pursuant to chapter 641A of NRS;
(7) Any person who:
(I) Is employed by an agency or
service which advises persons regarding domestic violence or refers them to
persons or agencies where their request and needs can be met and who is
licensed to provide health care pursuant to the provisions of title 54 of NRS,
or is a member of the board of directors or serves as the executive director of
an agency or service which advises persons regarding domestic violence or
refers them to persons or agencies where their request and needs can be met;
(II) Has received training relating
to domestic violence; and
(III) Is a resident of this State;
or
(8) Any member of the clergy of a church
or religious society or denomination that is recognized as exempt under section
501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501 (c)(3), who has
been chosen, elected or appointed in conformity with the constitution, canons,
rites, regulations or discipline of the church or religious society or
denomination and who is a resident of this State.
(g) “Sexual assault” means a violation of NRS 200.366.
(h) “Stalking” means a violation of NRS 200.575.