Abandonment
If the tenant has abandoned the rental premises, the landlord is not obligated to evict. While it might seem to most that a reasonable person can determine whether the rental premises has been abandoned, there are some special considerations of which landlords should be aware before reclaiming possession of the premises.
- When is a property considered to be abandoned?
- What can the landlord do if he knows that the property has been abandoned?
- What can the landlord do if he believes that the property has been abandoned?
- What are the requirements of an abandonment notice?
- What may the tenant who receives an abandonment notice do to prevent the property from being deemed abandoned?
- What is the tenant’s liability for abandoning a rental property?
When is a property considered to be abandoned?
For residential property, it is presumed that the tenant has abandoned a dwelling if he is absent from the premises for half of the time for which he pays rent (ie the tenant pays rent by the month and is absent for half of the month) UNLESS:
- The rent is current or
- The tenant has in writing notified the landlord of an intended absence. See NRS 118A.450
What can the landlord do if he knows that the property has been abandoned?
If the landlord has notice of the fact that a residential dwelling has been abandoned, he may dispose of the tenant’s personal property (although he must safeguard it for 30 days after the abandonment) and may recover possession of the premises.
What can the landlord do if he believes that the property has been abandoned?
If the landlord does not have notice that the property has been abandoned, a landlord of either residential or commercial property may serve the tenant with a written notice of his belief that the property has been abandoned if:
- The landlord reasonably believes that his tenant has abandoned the property, and
- The tenant is in default in the payment of rent. NRS 118.195
What are the requirements of an abandonment notice?
The notice, which must be served like an eviction notice, must specify:
- The address or other location of the property;
- The date upon which the property will be deemed abandoned and the rental agreement terminated; and
- An address for payment of the rent due and delivery of notice to the landlord.
What may the tenant who receives an abandonment notice do to prevent the property from being deemed abandoned?
The tenant must pay the rent due and provide the landlord with a written notice stating his intention not to abandon the property and setting forth an address at which the tenant may be served with legal process. NRS 118.195
What is the tenant’s liability for abandoning a rental property?
The landlord must make reasonable efforts to re-rent the property. If he makes such efforts, he can recover his actual damages. If does not make such efforts, he is limited to the actual damages that occurred before he had reason to believe that the property was abandoned. NRS 118.175
