Selling a Las Vegas Rental With a Tenant in It

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Selling a Home That Is Rented

The tenancy, the deposit and the showings, in the order they come up

The short answer: you can put a rented home on the market without ending the tenancy first, and Nevada’s deposit statute is written for exactly that case. Before the deed is recorded, you transfer the tenant’s deposit (less any lawful deductions) to the buyer in writing, or tell the buyer in writing that you have returned it, and the buyer must accept the deposit and may not demand another one during the term of the rental agreement. The tenant must not unreasonably refuse showings to buyers, and you give at least 24 hours’ notice for each. Whether to sell occupied or wait for the lease to end depends mostly on who you expect to buy: an investor who wants a home with a tenant, or someone who wants to move in.

Start With the Lease

• When does it end, and what then? The lease term sets when the tenancy can end. Do not promise a buyer an empty home on a date the lease does not give you.
• Is it month to month? Then written notice of at least 30 days, served the way Nevada requires, ends it; see ending a tenancy in Nevada.
• Does the lease mention a sale? Read any clause about it with a Nevada attorney before you rely on it.
• Is the tenant on a Housing Choice Voucher? A sale can be good cause to end the tenancy only after the initial lease term (24 CFR 982.310(d)), and SNRHA asks for at least a 30-day notice to the participant when you sell (SNRHA, Current Landlords). See renting to a voucher tenant.

Showings

A tenant may not unreasonably withhold consent for the landlord to show the home to prospective or actual purchasers, mortgagees and others with a genuine interest. Except in an emergency, the landlord must give at least 24 hours’ notice and enter only at reasonable times during normal business hours, unless the tenant agrees otherwise for that visit, and may not use the right of access to harass the tenant (NRS 118A.330). In practice, a showing schedule agreed with the tenant in writing goes further than a string of 24-hour notices.

The Deposit Moves With the Home

NRS 118A.244 sets out what happens to the tenant’s deposit when your interest in the home ends, by sale or otherwise:

• Before you record the deed, transfer to the buyer, in writing, whatever remains of the deposit after deductions allowed by NRS 118A.242, or notify the buyer in writing that you have returned it to the tenant.
• Within a reasonable time, either tell the tenant in writing the buyer’s name, address and phone number and that the deposit has been transferred, or return the remaining deposit to the tenant. Doing one of these relieves you of further liability for the deposit.
• The buyer takes on your rights and obligations for the deposit, must accept it, and may not require an additional deposit from the tenant during the term of the rental agreement.

See Nevada security deposit rules for the 30-day accounting that will then be the buyer’s responsibility.

Tell the Tenant Who Their Landlord Is Now

The names and addresses of the owner, the manager and the person who accepts notices, and a local emergency phone number, must be given to the tenant in writing and kept current, and that duty carries over to any successor landlord or manager (NRS 118A.260). Agree with the buyer who sends that notice and when, along with how rent is paid after closing.

Sell It Occupied, or Wait?

Sell with the tenant in place	Wait for the home to be empty
Rent keeps coming in while the home is on the market.	No rent once the tenant leaves; the costs carry on (see what a vacant rental costs).
Suits a buyer who wants a rental with a tenant and a rent history.	Suits a buyer who wants to move in.
Showings depend on the tenant’s cooperation and notice.	Show it whenever you like, and repair or refresh it first.
The home is shown as the tenant lives in it.	The home can be cleaned and staged.

Which way gives you the better result depends on your home, your lease dates and the buyers in your part of the valley. A listing agent can tell you who is buying near you.

The Tax Side

The tax on a sale turns on your gain, your depreciation and how you used the home, so take your dates and figures to a CPA before you list. If you want to stay invested in rental property, an exchange into other business or investment real estate can defer the gain (Instructions for Form 8824); see how a 1031 exchange works. If the home was once your main home, the IRS home-sale exclusion rules in rent it out or sell it may matter too.

Keeping It Instead

If you are selling because managing the home has become the problem, compare that with handing the management over: see hiring a manager versus self-managing, and switching managers if you already have one.

Next Step

Before you decide, get a free rental analysis: what the home should rent for now, to set beside what a sale would leave you. Or call 702.278.4781.

Statutory and regulatory references on this page were read from leg.state.nv.us, ecfr.gov, SNRHA’s landlord pages and IRS.gov on 11 November 2026. This is general information, not legal or tax advice. For a specific sale, consult a Nevada attorney and a CPA.