Damage Or Destruction Of The Property By Fire Or Serious Accident

Q&A - Property Damaged or Destroyed


What can the landlord do if the rental property is damaged or destroyed by fire or serious accident?

If the rental property is damaged or destroyed by a fire or serious accident that makes it extremely difficult to "enjoy" the property (use it as it was intended to be used), the landlord can terminate the lease.  (NRS 118A.400(1).)

What can the tenant do if the rental property is damaged or destroyed by fire or serious accident?

If the rental property is damaged or destroyed by a fire or serious accident that makes is extremely difficult to "enjoy" the property (use it as it was intended to be used), and if the tenant did not cause the fire or accident, the tenant can:

  • Immediately leave the property and notify the landlord (within seven days of leaving) that tenant intends to terminate the lease.  The lease terminates on the date the tenant leaves the property.
  • Vacate any part of the property that the fire or accident made unusable (unless authorities have declared the property unsafe).  Tenant's rent must be reduced in proportion to the reduced space.

    (NRS 118A.400(1).)

If the lease is terminated, what must the landlord do with tenant's rent and deposits?

If the landlord or tenant terminates the lease, the landlord must return all prepaid rent and security deposits that the tenant can typically recover.  (NRS 118A.400(2).)  Click to read Security Deposits.