Nevada Health Response issues landlord guidance

Gov. Steve Sisolak’s March 29 Declaration of Emergency Directive 008 established a statewide moratorium on evictions and foreclosures. Subsequently, Nevada Health Response issued guidance for landlords to specify exactly what that directive meant for them.

The guidance began by declaring a tenant as anyone who “manifests an intent to stay regardless of the type of housing,” specifically including transient lodging in a motel or hotel. Landlords are not permitted to issue lockouts, notices to vacate, notices to pay or quit, evictions or other proceedings against tenants even if tenants do not make payments under a payment plan for agreements made after the directive was issued.

When the directive expires, which is July 24 or as long as the State of Emergency lasts, whichever is later, tenants and landlords are “encouraged to negotiate payment plans within 30 days.” Repayment agreements are not enforceable until the directive expires. Landlords are not permitted to use coercion, duress or intimidation with tenants, including threatening to evict the day the moratorium is lifted, or coerce a tenant to pay rent by using the U.S. government’s economic impact payment checks or any other source of income.

The directive is not meant to imply that any party is relieved of their contractual obligation to pay rent or comply with any other obligations imposed by a lease, rental agreement or mortgage. For their part, landlords must continue to perform maintenance and repairs.

The guidance quotes the directive directly when it says the moratorium “does not prohibit the eviction of persons who seriously endanger the public or other residents, engage in criminal activity or cause significant damage to the property.”

Landlords may not issue a notice to vacate until after July 24, and then must provide 30 days to vacate the unit unless state law prohibits evictions.