Nev. Rev. Stat. ch. 118A § 118A.400
Damage or destruction of dwelling unit by fire or casualty.
Operative Text
1. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the landlord may terminate the rental agreement and the tenant may, in addition to any other remedy: (a) Immediately vacate the premises and notify the landlord within 7 days thereafter of the tenant’s intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating. (b) If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant’s liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit or lack of use of the dwelling unit. 2. If the rental agreement is terminated, the landlord shall return all prepaid rent and any security deposit recoverable under this chapter. Accounting for rent in the event of termination or such continued occupancy shall be made as of the date the premises were vacated. 3. This section does not apply if it is determined that the fire or casualty were caused by deliberate or negligent acts of the tenant, a member of his or her household or other person on the premises with his or her consent.
Under Nev. Rev. Stat. ch. 118A § 118A.400, when a dwelling unit is substantially damaged or destroyed by fire or other casualty, both the landlord and tenant gain the right to terminate the rental agreement, and the tenant may also choose to remain in any habitable portion with a proportional rent reduction. If the agreement ends, the landlord must return prepaid rent and any recoverable security deposit, calculated from the date the tenant vacated. Importantly, these protections do not apply when the fire or casualty was caused by the deliberate or negligent acts of the tenant, household members, or guests.
Plain English — not legal advice.
Nev. Rev. Stat. ch. 118A § 118A.400 requires landlords to return all prepaid rent and recoverable security deposits promptly when a rental agreement is terminated following substantial fire or casualty damage. Compliant operators document the extent of damage, track the date the tenant vacated, and calculate any rent adjustments based on the diminished fair rental value for periods of partial occupancy. Landlords generally note whether the cause of the fire or casualty involved tenant negligence or deliberate conduct, since that determination affects whether the statute's protections apply at all.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Nev. Rev. Stat. ch. 118A § 118A.400 gives tenants meaningful options when a fire or casualty substantially impairs their ability to enjoy their home: they may vacate and terminate the rental agreement by notifying the landlord within 7 days, or—if continued occupancy is lawful—remain in the usable portion and pay only a proportionally reduced rent. Tenants who terminate are entitled to the return of prepaid rent and any security deposit recoverable under Chapter 118A. Tenants who believe these rights have been violated may consider raising the statute as a defense in any eviction or rent proceeding, filing a complaint with a local housing authority, or reaching out to a tenant-rights organization for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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