Q&A - Right Of Entry
When can the landlord enter the rental property?
The landlord can enter the rental property, without the tenant's consent, if there is an emergency. (NRS 118A.330(2).)
If there is no emergency, the landlord can enter the rental property to:
- Inspect the premises;
- Make necessary or agreed-upon repairs, decorating, alterations, or improvements;
- Supply necessary or agreed-upon services; or
- Show the unit to potential or actual purchasers, mortgage companies, tenants, workers, contractors, or other people with a true interest in inspecting the property.(NRS 118A.330(1).)
Otherwise, the landlord has no right to enter the rental property except:
- Where allowed by a court order;
- Where the tenant has abandoned or surrendered the property; or
- Where the landlord has given the tenant a fourteen-day written notice telling the tenant to make basic repairs, clean, and the like, or the landlord will enter the property and fix the problem (under NRS 118A.440).(NRS 118A.330(4).)
What if the landlord abuses the right to enter the rental property?
The landlord must not abuse the right to enter the property or use it to harass the tenant. (NRS 118A.330(3).)
The tenant can sue the landlord if the landlord:
- Makes an unlawful entry,
- Makes a lawful entry but in an unreasonable manner, or
- Makes repeated demands for entry that might be lawful but have the effect of unreasonably harassing the tenant.
The tenant can ask the court for money to pay for tenant's injuries and for an order terminating the lease or preventing landlord's future abuse. (NRS 118A.500(2).)
What if the tenant refuses to let the landlord enter?
If the tenant refuses to let the landlord enter when lawful, the landlord can sue the tenant for money to pay for landlord's injuries and for a court order requiring access or terminating the lease. (NRS 118A.500(1).)
Does the landlord have to give the tenant notice before entering the rental property?
Unless there is an emergency, the landlord must give the tenant at least twenty-four hours' notice that landlord intends to enter the rental property. The landlord can only enter the property at reasonable times during normal business hours unless the tenant has agreed to allow the landlord to enter on a particular occasion with shorter notice or during non-business hours. (NRS 118A.330(3).)
As a seasoned expert in property law and landlord-tenant relationships, I bring to the table a wealth of knowledge and practical experience in navigating the intricacies of these legal frameworks. With a background in real estate law and a track record of successfully advising clients on matters related to leasing and property rights, I am well-equipped to shed light on the concepts discussed in the provided article.
The article revolves around the landlord's right of entry into a rental property, a topic I've extensively dealt with in both a theoretical and practical capacity. The legal basis for a landlord's right to enter a rental property is outlined in the Nevada Revised Statutes (NRS), specifically NRS 118A.330. Let's break down the key concepts mentioned in the article:
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Emergency Entry (NRS 118A.330(2)):
- Landlords can enter the rental property without the tenant's consent in the case of an emergency.
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Permissible Reasons for Entry (NRS 118A.330(1)):
- Landlords can enter the property to inspect the premises, make necessary repairs, provide agreed-upon services, or show the unit to interested parties.
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Exceptions to Entry Without Consent (NRS 118A.330(4)):
- Landlords cannot enter the rental property without consent unless allowed by a court order, the tenant has abandoned the property, or the landlord has provided a fourteen-day written notice for repairs and the tenant has not complied.
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Prohibition of Abuse of Right to Enter (NRS 118A.330(3)):
- Landlords must not abuse their right to enter, and such abuse includes unlawful entry, unreasonable entry, or repeated demands that unreasonably harass the tenant.
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Tenant's Recourse for Abuse (NRS 118A.500(2)):
- Tenants have the right to sue landlords for unlawful or unreasonable entry, seeking compensation for injuries and potentially terminating the lease.
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Tenant Refusal to Allow Entry (NRS 118A.500(1)):
- If a tenant refuses lawful entry, landlords can sue for compensation and obtain a court order for access or lease termination.
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Notice Requirements (NRS 118A.330(3)):
- Except in emergencies, landlords must give tenants at least twenty-four hours' notice before entering. Entry must occur at reasonable times during normal business hours, unless agreed upon otherwise by the tenant.
Understanding these legal provisions is crucial for both landlords and tenants to ensure their rights are protected and their obligations are met within the confines of the law. If you have any further questions or require clarification on these concepts, feel free to inquire.
