Does a tenant need to give 30 days' notice without a written lease?

Full question:

If there is no written lease in place and everything was done verbally, does the tenant HAVE to give a 30 day notice? If the tenant agreed to in lieu of paying a deposit, he would put the floors in, is he entitled to any amount of the deposit to be returned, even though he has not paid any amount to the deposit, just his own labor?

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: Nevada

Answer:

Even without a written lease, a tenant must give written notice to move out. In such cases, the tenant is typically considered a month-to-month, at-will tenant. An oral rental agreement is still valid for the use of a dwelling unit, and written notice is required to terminate this type of tenancy.

Regarding the floors, they would not be classified as a security deposit. Instead, they may be viewed as a payment in lieu of a security deposit. Since the flooring is likely to be permanently affixed to the property, it may not be returnable. Security deposits are defined as payments used for remedying tenant defaults, repairing damages beyond normal wear, or cleaning the premises. Under Nevada law (NRS 118A.242), landlords cannot demand a security deposit exceeding three months' rent and must provide an itemized accounting of any deductions from the deposit within 30 days after the tenancy ends. If a landlord fails to return the deposit, they may be liable for damages equal to the entire deposit, plus additional penalties as determined by the court.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If a tenant stays after the lease expires, they may be considered a month-to-month tenant. This means they can continue to live in the property but must provide proper notice to terminate the tenancy. The landlord can also choose to accept the tenant's continued occupancy or take steps to evict them if they do not agree to a new lease or month-to-month arrangement.