Nev. Rev. Stat. §§ 40.215–40.425 § 40.260
Tenant of agricultural lands may hold over if not notified.
Operative Text
In all cases of tenancy upon agricultural land where the tenant has held over and retained possession for more than 60 days after the expiration of the tenant’s term, without any demand of possession or notice to surrender by the landlord, or the successor in estate of the landlord, if any there be, the tenant shall be deemed to be holding by permission of the landlord, or the successor in the estate of the landlord, if any there be, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during the year, and such holding over for the period aforesaid shall be taken and construed as a consent on the part of the tenant to hold for another year.
Under Nevada law at Nev. Rev. Stat. § 40.260, when a tenant farms agricultural land and remains in possession for more than 60 days after the lease term ends without the landlord (or the landlord's successor) making any demand for possession or issuing a notice to surrender, the law treats that continued occupancy as having the landlord's permission. The result is that the tenancy is automatically extended for another full year under the original lease terms. During that additional year, the tenant cannot be found guilty of unlawful detainer based solely on holding over past the original term.
Plain English — not legal advice.
Operators who own or manage agricultural land in Nevada should be aware that Nev. Rev. Stat. § 40.260 creates a significant deadline: if a landlord or their successor in estate allows a farm tenant to remain on the property for more than 60 days after lease expiration without issuing a demand for possession or a notice to surrender, the law deems the tenancy renewed for a full additional year on the existing lease terms. Compliant agricultural landlords who do not wish to renew a tenancy generally ensure that any required notice or demand is communicated before that 60-day window closes. Maintaining clear written records of any such notices is a common practice for documenting timely action under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Nevada's Nev. Rev. Stat. § 40.260 provides agricultural tenants with meaningful protection when a landlord takes no action to reclaim possession after a lease expires: staying on the land for more than 60 days without receiving a demand or notice to surrender is treated by law as the landlord's consent to a new one-year term under the original lease. This means a tenant in that situation generally cannot be removed through an unlawful detainer action during that additional year. Tenants who believe this provision applies to their circumstances may wish to consult a tenant-rights organization or a licensed Nevada attorney to understand how the rule interacts with their specific lease and situation.
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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