Renting out a home in a Las Vegas HOA
Many Las Vegas Valley homes sit inside homeowners associations. Here's what HOAs can and can't do to rental owners under Nevada law, including the change that took effect July 1, 2026.
Last reviewed · Reflects AB 396 (2025), effective July 1, 2026
What changed on July 1, 2026
Before AB 396, Nevada's NRS 116.335 largely prevented HOAs from banning rentals or requiring approval to rent unless the declaration already allowed it. The rewritten statute takes a different approach:
- If the declaration authorizes rental restrictions or a rental cap, the HOA may adopt rules prohibiting or restricting rentals, to the extent the restriction is reasonably related to first-mortgage lender or insurer underwriting requirements.
- HOAs may amend their declarations to restrict leasing for the same lender and insurer reasons (NRS 116.2117(9)).
- A hardship waiver exists. An owner who can't rent because a cap is full may ask the board for an economic-hardship waiver.
- Units still owned by the developer don't count toward a rental cap.
Sources: NRS Chapter 116 · AB 396 (2025), enrolled. General information, not legal advice.
Checklist for owners renting in an HOA
- Get the governing documents: the declaration (CC&Rs), bylaws, rules, and any leasing policy. Look for rental caps, minimum lease terms, and tenant registration.
- Ask the HOA directly whether a rental cap exists, how many rentals are on the list, and whether any restriction or amendment is being proposed.
- Put HOA rules into the lease. The tenant should receive the rules, and the lease should make following them a tenant obligation.
- Keep the HOA informed as its documents require (tenant contact details, vehicles, gate or amenity access), so the tenant isn't locked out of amenities and you aren't fined.
- Route violation notices quickly. Fines are generally assessed against the owner. Nevada requires notice and an opportunity for a hearing before fines (NRS 116.31031), and missing those deadlines is costly.
- Budget for dues and fees in your cash flow, including any transfer or registration fees your HOA's documents allow.
Find your HOA: Las Vegas Realty's brokerage site has an HOA lookup by address ↗ and an HOA directory ↗ with community profiles.
HOA rental questions
Can my HOA stop me from renting my home in Nevada?
Since July 1, 2026, possibly yes, if your HOA's declaration authorizes rental restrictions or a rental cap. Under the rewritten NRS 116.335, such an HOA may adopt rules restricting rentals, but only as far as they're reasonably related to lender or insurer underwriting requirements. An HOA may also amend its declaration for that purpose (NRS 116.2117). If your HOA's documents don't authorize restrictions, the answer depends on those documents. Have them reviewed.
I already own and rent my home. Does a new HOA restriction apply to me?
Nevada law has long protected owners from some declaration amendments recorded after they bought: NRS 116.2117(6) says an amendment that prohibits or materially restricts uses or occupancy can't be enforced against someone who owned the unit when it was recorded, for as long as they own it. How that protection interacts with the 2026 amendment power in NRS 116.2117(9) isn't settled in the statute text. If your HOA adopts a restriction, get advice from a Nevada attorney before relying on either reading.
What if the HOA's rental cap is full?
The rewritten law lets an owner who can't rent because a cap is full ask the board for an economic-hardship waiver (NRS 116.335).
Can I use my HOA home as a short-term rental?
Generally not, unless the HOA's governing documents expressly allow transient rentals. Nevada law bars local governments from licensing short-term rentals in common-interest communities without that express authorization (NRS 244.353545, 268.09795).
Can the HOA charge my tenant's guests to enter?
No. An HOA may not charge a fee for a tenant's visitors or service providers to enter the community (NRS 116.2111).