Nevada Roommate Agreement
The Nevada rules that shape the document: no lodger law for removal, the fair housing exemption built into the definition of dwelling, and the separate advertising ban.
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Introduction
A roommate agreement is a private contract between co-tenants, not a lease, and it does not bind the landlord or change what the lease says. In Nevada, a handful of state rules sit on top of the national template: there is no lodger statute, so removing a roommate always requires a formal eviction; the fair housing exemption for owner-occupied shared living is written into the definition of dwelling itself, yet a separate advertising ban still reaches that same exempt housing; and no statute sets a default for rent liability or a security deposit split between roommates. Everything else, the rent split, chores, guests, and quiet hours, is covered by the national template.
Key Things to Know
- 1
Nevada has no lodger statute. The word lodger does not appear anywhere in NRS Chapter 118A or NRS Chapter 40. A Nevada roommate who is a named tenant can only be removed through the ordinary eviction process, NRS 40.253 summary eviction or the NRS 40.290 to 40.420 unlawful detainer procedure, the same process used against any tenant. There is no faster, notice-only removal path.
- 2
Nevada's fair housing exemption for owner-occupied shared living works by excluding certain rooms and units from the legal definition of dwelling itself (NRS 118.060(2)(b)), covering dwellings with four or fewer independently occupied units where the owner occupies one, and a parallel exemption for an owner selling or renting up to three houses without a licensed broker.
- 3
That exemption does not extend to advertising. NRS 118.100(3) separately defines dwelling for the advertising ban to include the very houses and rooms the selection exemption excludes, so an owner may choose a roommate on otherwise protected grounds but may not publish a listing that states a discriminatory preference.
- 4
Nevada's fair housing law adds four protected classes beyond the federal baseline: religious creed, sexual orientation, gender identity or expression, and ancestry (NRS 118.100). These matter most outside the owner-occupied exemption, and always in advertising, since the ad ban is not exempted.
- 5
Nevada's landlord-tenant chapter defines tenant narrowly as a party to the rental agreement, and separately defines cotenant as a tenant sharing a dwelling under that same rental agreement (NRS 118A.170; NRS 118A.340). Chapter 118A has no subtenant definition and no statute on landlord consent to add a roommate, so that status and consent question is answered by the lease, not by state law.
- 6
No Nevada statute sets a joint-and-several or pro-rata default for rent liability among roommates on one lease. The lease itself controls who owes the landlord what; this agreement should state how the roommates reimburse each other explicitly, since state law leaves that gap open.
- 7
No Nevada statute addresses how departing roommates split a security deposit refund or reimburse each other for damage. NRS 118A.240 to 118A.244 regulate only the landlord's handling of the deposit, not how co-tenants divide it, so the split is left entirely to this agreement.
Key decisions before you file
Before you file a Roommate Agreement in Nevada, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.
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Nevada Requirements for Roommate Agreement
Nevada has no lodger statute; the word lodger does not appear in NRS Chapter 118A or NRS Chapter 40. A roommate who is a named tenant under NRS 118A.170 can only be removed through the ordinary eviction process, NRS 40.253 summary eviction or the unlawful detainer procedure at NRS 40.290 to 40.420. The agreement should not suggest any self-help or notice-only removal right.
Nevada excludes owner-occupied dwellings of four or fewer independently occupied units, where the owner occupies one, from the definition of dwelling for selection purposes (NRS 118.060(2)(b)), and a parallel exemption covers up to three houses sold or rented without a licensed broker.
NRS 118.100(3) separately defines dwelling for the advertising ban to include the same housing exempted from selection rules, so a discriminatory statement in a listing remains unlawful even where the selection itself is exempt. Nevada also adds religious creed, sexual orientation, gender identity or expression, and ancestry as protected classes beyond the federal list.
No Nevada statute sets a joint-and-several or pro-rata default for rent liability among cotenants on one lease. The lease itself controls; the agreement should state how the roommates reimburse each other explicitly.
No Nevada statute addresses how departing roommates split a security deposit refund or reimburse each other for damage; NRS 118A.240 to 118A.244 govern only the landlord's handling of the deposit. State the split or reimbursement rule explicitly in the agreement.
Nevada defines tenant (NRS 118A.170) and cotenant (NRS 118A.340) but Chapter 118A has no subtenant definition and no statute on landlord consent to add a roommate. That status and consent question depends on the lease, not on the roommate agreement.
Frequently Asked Questions
The lease is between the tenants and the landlord. A Nevada roommate agreement is a separate contract between the co-tenants themselves, covering rent splits, chores, guests, and issues Nevada's landlord-tenant statutes do not address, such as how roommates split a security deposit or handle a non-paying roommate.
No. A Nevada roommate agreement does not bind the landlord and cannot change the lease. If the lease requires landlord consent to add a roommate, that term still controls; this agreement only governs the relationship between the co-tenants themselves.
No. Nevada has no equivalent to California's owner-occupier lodger statute. The word lodger does not appear anywhere in NRS Chapter 118A or NRS Chapter 40. A Nevada roommate who is a named tenant can only be removed through the ordinary eviction process, never a faster notice-only removal.
No. Nevada has no lodger law or roommate-specific removal statute. A roommate who is a named tenant can only be removed through the standard eviction process, NRS 40.253 summary eviction or the unlawful detainer procedure at NRS 40.290 to 40.420. Neither roommate may remove the other on their own.
Nevada's statutes define tenant and cotenant, but Chapter 118A has no subtenant definition at all. A roommate named on the rental agreement with the landlord is a cotenant under NRS 118A.340. Whether an unnamed roommate has any other status is a matter of the lease, since state law does not address it.
In an owner-occupied dwelling of four or fewer independently occupied units where the owner lives in one unit, Nevada law excludes the arrangement from the definition of dwelling, so the owner may choose a roommate on grounds that would otherwise be protected, including sex and religion. Outside that narrow situation, Nevada's fair housing law applies fully.
No. Nevada treats advertising differently from selection. NRS 118.100(3) bans a discriminatory statement in a listing even for housing that is otherwise exempt from the selection rules, so an owner who may lawfully choose a roommate on a protected ground still may not say so in the ad.
No Nevada statute sets a default rule making cotenants jointly and severally liable for rent, or splits liability pro rata. The lease itself controls who owes the landlord what. The roommate agreement should state explicitly how the roommates reimburse each other, since state law will not fill that gap.
No Nevada statute addresses this. NRS 118A.240 to 118A.244 regulate only the landlord's handling of the deposit, not how co-tenants divide a refund or reimburse each other for damage. Put the split or reimbursement rule in the roommate agreement, since nothing else will govern it.
No. No Nevada statute gives a tenant an affirmative right to add a roommate over the landlord's objection. The lease and the landlord's consent control whether a new roommate may move in.