Current Nevada Law: Subject to Verification
This article discusses landlord-tenant matters in general terms for education. Residential landlord-tenant rights, access, notice and termination in Nevada are governed primarily by NRS Chapter 118A, and the specific lease and tenancy facts control each situation. This article is not an eviction notice and is not legal advice. Owners facing termination, eviction or disputed tenancy should obtain prompt guidance from a qualified Nevada attorney or property-management professional.
The Lease Does Not Disappear
Yes, you can sell a tenant-occupied property.
No, putting the property on the market does not automatically erase the tenant's rights or make the lease disappear.
This is one of those transactions where the paperwork needs to come out before the photographer does.
Start With the Lease and Tenancy Status
Start with the lease and current tenancy status.
Is there a fixed term?
Month-to-month arrangement?
Security deposit?
Unresolved dispute?
Late rent?
Special agreement?
Property manager?
The answer affects strategy.
Some Buyers Want an Occupied Rental
Some buyers may actually prefer an occupied rental because they are purchasing it as an investment.
In that situation, rental history, lease terms, expenses and tenant-related information may become part of the buyer's evaluation.
An owner-occupant may have completely different timing needs.
Showing the Property Takes Planning
Showing the property also requires planning.
Do not assume:
It's my house
means you can repeatedly walk buyers through a tenant's home whenever you want.
Access and notice should be handled consistently with the lease and applicable Nevada law.
ShowingTime can accommodate occupants/tenants as listing contacts in configurations where the listing agent sets that up, which can help coordinate notifications and appointments.
But technology does not override a lease or Nevada landlord-tenant law.
See the Seller's Guide to ShowingTime for how scheduling can work.
The Question Sellers Are Really Asking
And then there's the question sellers often really mean:
How do I get the tenant out so I can sell?
That is a separate legal question.
The answer depends on the tenancy, lease, timing, circumstances and applicable law.
Do not use a real-estate blog as an eviction notice.
Lisa can coordinate the real-estate side, but when termination or eviction becomes legally complicated, the owner should obtain appropriate Nevada legal/property-management guidance, including the current Nevada landlord-tenant materials under NRS Chapter 118A.
Don't Create Unnecessary Conflict
Often, the best strategy is not to create unnecessary conflict with a cooperative tenant.
A tenant who feels respected may help make showing access easier.
A tenant who feels ambushed can turn every showing into a logistical headache.
A well-managed tenant-occupied sale can work.
A poorly managed one can become difficult very quickly.
Many tenant-occupied rentals also sell well as-is, and out-of-state owners manage them from a distance with the remote seller guide.
Want to Know What the Records Say About Your Property?
Request a free Property DNA report. Property DNA can include available property, ownership/history, mortgage-related, comparable, neighborhood, school, risk, public-record and other property information depending on available sources.
Current typical turnaround is approximately 40 minutes during normal business hours, and many reports are returned within one hour or the same business day, but turnaround is not guaranteed and can vary.
Property DNA is free through Lisa. Request a free Property DNA report.
Important
Property DNA uses third-party, public-record and other available data believed reliable but not guaranteed. It is provided for informational purposes and is not an appraisal, title search, title commitment, title insurance policy, inspection, survey, legal opinion, tax opinion, environmental report or guarantee of value.
