Renting a home that was foreclosed in Nevada: your rights

Your rights as a renter in Nevada, in order

1. Federal floor: 90 days and your lease

   After the new owner takes title

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant gets written notice at least 90 days before having to move, and a lease signed before the foreclosure lasts until it ends unless the buyer will live in the home. Section 8 voucher holders keep their lease and housing assistance contract. Where Nevada's time is shorter, the longer federal rule still applies. See our [renter's notice after foreclosure](/notices/tenant-notice-after-foreclosure/) page.

   Pub. L. 111-22 § 702 (12 U.S.C. § 5220 note); 42 U.S.C. § 1437f(o)(7)

2. Your landlord must tell you before you sign

   Before you rent

   A Nevada landlord must tell a new tenant in writing if the home is in foreclosure. Hiding it on purpose is a deceptive trade practice, which you can report to the Attorney General.

   NRS 118A.275

3. Notice to tenants before the sale

   At least 15 days before the sale

   For a home sold by a trustee, a separate Notice to Tenants of the Property must be posted on the home and mailed to you. It says you can end your lease and move, or stay, and that you must keep paying rent to your landlord until the sale and to the new owner after it.

   NRS 107.087(3)

4. Notice of change of ownership, and who to pay

   After the sale

   The new owner must give you a notice of change of ownership with its contact information for paying rent. It must say your lease continues through the notice period and that not paying rent to the new owner can lead to eviction. During that time the new owner has your old landlord's duties under your lease.

   NRS 40.255(3), (4)

5. At least 60 days for most renters

   60 days from when you get the notice, or one rental period if shorter than a month

   If you pay monthly or longer, or have no set period, you cannot be removed until at least 60 days after you get the notice of change of ownership. If you pay weekly, the minimum is the length of your rental period. This Nevada rule covers homes with 1 to 4 units sold by a trustee or in a court foreclosure, and the federal 90 days still applies to bona fide tenants.

   NRS 40.255(2), (8)

6. Moving early, cash to leave, and no eviction record

   During the notice period

   You can move out any time during the notice period with no further duty to the new owner, and no one may enter an eviction record against you for leaving during that time. The new owner may offer you a new lease or money to move out early, but that is your choice. If you stay past the notice period, the owner must go to court, and you will be served and can answer.

   NRS 40.255(5), (6); NRS 107.087(3)

7. Your security deposit

   When the landlord's ownership ends

   When your landlord's interest ends, it must either return your deposit (minus allowed deductions) or tell you in writing that it moved the deposit to the new owner, with the new owner's name, address and phone number. The new owner must accept your deposit and cannot demand a new one during your lease. If you get neither, ask both in writing and keep copies.

   NRS 118A.244

Common questions in Nevada