Q&A - Termination Due To Disability/Death
If a tenant needs to move because the tenant needs care or treatment, can the tenant terminate the lease?
If a tenant has a mental or physical disability or is sixty or older, and that tenant has a physical or mental disability that requires the tenant to relocate because of a need for care or treatment that cannot be provided in the rental unit, the tenant can terminate the lease. (NRS 118A.340(1).)
Can a cotenant of the tenant also terminate the lease?
If a tenant must terminate a lease because of the need to relocate for care or treatment, a cotenant of the tenant can also terminate the lease if:
- The cotenant moved to the rental property before the tenant who needs to relocate for care or treatment signed the lease and the cotenant is sixty or older or has a mental or physical disability; or
- The cotenant moved to the rental property at the same time or after the tenant who must relocate for care or treatment signed a lease.(NRS 118A.340(1)(b).)
Can a tenant terminate a lease because of the death of a spouse or cotenant?
A tenant can terminate a lease when the tenant's spouse or cotenant dies if:
- The tenant is sixty years of age or older; or
- The tenant has a physical or mental disability.(NRS 118A.340(2).)
What notice must the tenant or cotenant give to terminate the lease?
A tenant or cotenant who wants to terminate a lease because of the tenant's need to relocate for care or treatment must give the landlord a thirty-day written notice. The tenant or cotenant must give the written notice within sixty days after the tenant relocates. (NRS 118A.340(1).)
A tenant who desires to terminate a lease because of the death of the tenant's spouse or cotenant must give the landlord a thirty-day written notice. The tenant must give the written notice within three months after the tenant relocates. (NRS 118A.340(2).)
The written notice must state the facts that show that the tenant or cotenant is entitled to terminate the lease. If the tenant or cotenant is terminating because the tenant must relocate for care or treatment, the notice must including documents that verify:
- The physical or mental condition of the tenant; and
- That the physical or mental condition requires the tenant to relocate from the rental property because of a need for care or treatment that cannot be provided in the rental unit.(NRS 118A.340(3).)
Who is considered a "cotenant"?
A "cotenant" is a tenant who is entitled to occupy the same rental property, under the same lease, as another tenant who is sixty years of age or older or who has a physical or mental disability. (NRS 118A.340(5).)
