Nevada Renters: Your Rights to Refuse Moving In After Inspection

Renting in Nevada comes with protections to help ensure your living space is safe and as promised before you sign or move in. Completing a move-in inspection lets you spot problems early, but what if you find serious issues before moving in? It’s important to understand your rights to refuse move-in and how to handle disputes under Nevada law.

Understanding Move-In Inspections in Nevada

Before you move in, many landlords in Nevada will offer or require a move-in inspection. This process helps both renter and landlord agree on the rental unit’s condition and document any existing damage.

• Purpose: To document pre-existing conditions and prevent unfair security deposit charges later
• Process: Walk through the rental together and note any issues on an inspection report
• Required by Law? Not strictly required in all cases, but highly recommended under Nevada Revised Statutes (NRS 118A – Residential Landlord and Tenant Act)¹

Conducting this inspection gives you valuable protection down the road. If possible, do it together with your landlord, and get a signed copy of the completed inspection report.

When Can You Legally Refuse to Move In?

Nevada law expects landlords to provide safe, habitable rental units. If your inspection reveals serious issues, you may have the right to refuse move-in and avoid being locked into a problematic rental. Examples of valid reasons include:

• Unfixed health or safety hazards (e.g., broken locks, no utilities, pest infestations)
• Severe breaches of the lease agreement (e.g., undisclosed major repairs, uninhabitable conditions)
• Failure to meet mandatory legal disclosures

Minor cosmetic issues may not legally justify refusal, but any defect that makes the unit unsafe or violates NRS 118A.290 – Landlord's Obligations to Maintain Property¹ should be addressed before move-in.

Document Everything

Always carefully document any problems: take clear photos, write notes, and keep dated communication with your landlord. If you refuse to take possession, send written notice immediately with your reasons and request a resolution in writing.

Which Forms May Be Involved?

• Move-In/Move-Out Inspection Checklist
  • Use: Document the unit’s condition on move-in and move-out
  • Where to find: While Nevada does not have a state-mandated form, the Nevada Housing Division provides helpful resources and sample checklists
  • Example: Fill out a checklist before moving in. Note if the oven doesn’t work or the window is broken. Both you and your landlord sign and keep copies.
• Notice of Withholding Rent or Refusal to Accept Possession
  • Use: Written notice from the renter explaining why they are withholding rent or refusing to move in due to property condition (must clearly state reasons and requested remedy)
  • Where to find: No official standardized form—compose as a dated letter, or visit the Nevada Housing Division tenant resources for templates
  • Example: Send a letter before your lease start date describing the major unresolved issue (e.g., heating not working in winter) and your intent not to move in until resolved.

Always keep copies of inspection forms, communications, and notices. This documentation is essential if you need to get your deposit back or escalate to the rental tribunal.

What if the Landlord Refuses to Fix Problems?

If urgent repairs or legal safety standards are not met, you may be able to:

• Refuse to accept possession and seek deposit refund
• File a complaint or claim through the official dispute process
• Consult or apply to the County Landlord-Tenant Assistance Programs
• Contact the Nevada Justice Court, which handles landlord-tenant disputes

If the landlord refuses to return your deposit or remedy violations, renters may file a Small Claims action or request a hearing with the Nevada Justice Court².

Summary

Nevada law supports renters’ rights to a safe home. If the unit isn’t habitable after an inspection, and after giving the landlord a chance to remedy issues, you may refuse to move in and can pursue legal recourse.

FAQ

1. Can I break my lease if I find major problems during the move-in inspection?
   You can refuse to move in if the unit is uninhabitable or if your landlord hasn’t fixed major promises or legal requirements. Always notify your landlord in writing and keep copies for your records.
2. Is my security deposit at risk if I refuse to move in?
   If you never took possession and gave timely written notice due to serious habitability violations, you typically may be entitled to a full deposit refund. If disputed, contact the Nevada Justice Court or a legal aid service.
3. Can I use my inspection checklist as evidence if I go to court?
   Yes. Completed and signed checklists, along with dated photos, are valuable evidence in any dispute about deposits or the condition of the property.
4. What if the landlord refuses to do repairs after I raise concerns?
   Give written notice with a deadline for repairs. If urgent repairs are not made, you may file a complaint with local authorities or pursue the matter in Justice Court.
5. Who oversees landlord-tenant complaints in Nevada?
   The Nevada Justice Court handles these disputes. Some counties also offer tenant assistance through housing agencies.

Key Takeaways

• Renters may refuse to move in for legitimate health, safety, or legal violations found during inspection
• Always document problems and send written notice to your landlord right away
• Contact Nevada’s Justice Court or local tenant services for help with unresolved issues

Knowing your inspection and refusal rights before move-in can save you stress, money, and ensure safer housing.

Need Help? Resources for Renters

• Nevada Justice Courts – Landlord-Tenant Disputes
• Nevada Housing Division – Tenant & Landlord Resources
• Clark County Landlord-Tenant Assistance
• Washoe County Housing Resources

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1. Nevada Revised Statutes Chapter 118A – Residential Landlord and Tenant Act
2. Nevada Justice Courts – Landlord-Tenant Disputes

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