Domestic Violence Tenant Laws for Rented Properties
Instances of domestic violence do not just happen in fully-owned homes. After all, a domestic setting does not equate to what type of dwelling you are in; rather, your relationship with the people you are living with. There are laws regarding domestic violence happening or had happened in rented properties (lease and not for lease) such as what happens to the victims and what rights do landlords hold over the properties. Proceed to the article to learn more about domestic violence tenant laws in Nevada.
What is domestic violence in Nevada?
If it is not stressed enough, domestic violence in Las Vegas and the rest of Nevada is a closely watched type of crime as it is a prime cause of physical and emotional turmoil in the State. Acts that constitute domestic violence is hitting, threatening, illegally detaining, and even stalking your family members. Las Vegas is a real estate haven as it sitting on an expanse with lots of space for homes that can be sold, lease, or rented and because it has the Strip and other attractions around Nevada.
Of course, it is in these rented properties that domestic violence often happen. Few examples are when television journalist Meredith Vieira was thrown naked by her then boyfriend Ray Rice into an apartment hallway, and when a domestic violence perpetrator died by a self-inflicted gunshot inside his apartment where he barricaded himself from the SWAT team.
What are the domestic violence tenant laws?
As stated in the Nevada Revised Statutes, particularly in 118A.345, a tenant and a cotenant can go for breaking a lease because of domestic violence without the risk of being imposed with a penalty. A tenant and a cotenant are defined as the people “entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.”
Take note that as specified in Nevada’s domestic violence tenant laws, this privilege will only be granted if the termination of lease appeal was submitted 90 days after the domestic violence and if certain documents were shown such as a copy of protection order or a copy of the written report of the law enforcement that legitimizes the acts of domestic violence.
Still according to NRS 118A.345, termination of the lease shall be granted to the tenant who is a victim of domestic violence 30 days after the notice was given or at the final day of the certain rental period.
What are the responsibilities of the landlord?
A landlord needs to follow specific regulations when the tenants who are under domestic violence duress requests for early termination of the lease. Under the Nevada Revised Statutes, a landlord cannot withhold deposit, cannot provide information to the adverse party of the whereabouts of the tenant, and shall install a new lock to the rental property provided that the tenant pays for it, and shall not give the key to the new lock to the adverse party.
Of course, the tenant still needs to pay the landlord of the remaining bills on the current rental period and the landlord must not refuse the tenants application for early termination, increase their rent, or evict them altogether. So if your question is “Can a landlord evict a tenant for domestic violence?” well, they certainly cannot and they might face legal repercussions if they do so.
What happens to the accused?
If you are the tenant accused of domestic violence, there is a big possibility that you already have been served a restraining order which should move you out of the rented property and away from your family members. Know that violating a restraining order could mean added penalties. It is also common that plaintiffs will avail the early breaking of the lease because of domestic violence so expect that what you treated as a home will also be gone from you.
Domestic violence happens even in rented properties where there are other tenants that can witness the commotion, showing that some domestic violence perpetrators have no remorse nor fear of their illegal actions being noticed. This crime does not choose the sort of dwelling rather it happens because of the people responsible for it.
If you are living on a rented property and you suddenly find yourself accused of domestic violence by the one you are renting with, the other tenants, or the landlords, and is in the risk of being incriminated, you need the assistance of a criminal defense attorney that works on knows about domestic violence tenant laws!