If a Rental Tenant Has a Fire, What Are The Responsibilities As a Nevada Landlord?

LAS VEGAS, NV – If the tenant of a rental property you own has a fire, it’s important to know what your responsibilities are as a landlord in the state of Nevada; what are you obligated to provide, and what falls upon the shoulders of your tenant? This article will break that down.

While the specific details may vary depending on the lease agreement that has been signed by both parties, according to Nevada state law if the tenant did not cause the fire and a significant amount of damage has occurred to the property – to the point of rendering it unlivable – either the landlord or tenant will have the option to terminate the lease if they so choose, either individually or jointly.

If the landlord decides to terminate the lease, they would only have to return the security deposit, along with any prepaid rent, the amount of which returned being based on the date that the property was vacated.

But if the tenant has decided to terminate the lease, they are required to immediately vacate the property and must inform the landlord of their intention to void their rental agreement within seven days.

If the property is damaged yet still habitable, the damaged portions of the unit must be vacated until repairs can be affected, and the rent paid by the tenant should be reduced in proportion to the fair rental value of the percentage of the remaining space available to live in until such time that the damaged areas are once again usable.

However, if the fire in question was, in fact, determined to have been caused by the tenant, a member of their household, or a guest – either by accident, negligence, or a deliberate act – none of the above factors are applicable.

In any case, Nevada landlords are not required by law to provide housing for tenants displaced by a fire, unless it is something that was previously agreed to in their lease.

For more information on this topic, NRS118A.400, Damage or destruction of dwelling unit by fire or casualty, please visit KTNV Channel 13: What happens after a rental fire? Legal expert breaks down what a landlord is obligated to provide which includes an interview with an attorney at the Legal Aid Center of Southern Nevada. Please note, this is not legal advice. For guidance, consult a licensed attorney.

Shelter Realty is a Real Estate and Property Management Company specializing in the areas of Henderson, Las Vegas and North Las Vegas, NV. Feel free to give us a call at 702.376.7379 so we can answer any questions you may have.