Nevada Lease Agreement Basics
Nevada law requires the parties to a residential lease agreement (also called simply a "lease") to be "competent," meaning that they are over the age of 18. NRS 11.190(4)(c). That said, minor children sometimes enter into residential lease agreements with their relatives as the resident lessor.
While a lease signed with your minor child is not void, it may be voidable at the election of the minor child. Las Vegas Paving v. Eighth Judicial District, 127 Nev. 79, 102-103, 251 P.3d 725, 738-739 (2010).
Every residential lease agreement in Nevada must, by law, provide the following disclosures to the tenant at the time the agreement is signed, or before, if the agreement allows for them to be provided:
A lease may, but is not required to, include other additional provisions addressing rules, assignments and subletting, maintenance and repair, utilities, furnishings and appliances, eviction procedures, maintaining the premises, and any other items the parties can agree to.
Disclosures can also be part of the residential lease agreement itself or may be set out in a separate document that is attached, incorporated by reference, and acknowledged by the parties within the residential lease agreement. See NRS 118A.200.
Once signed, Nevada residential lease agreements are final contracts enforceable on both parties and should, be read as a whole. NRS 111.210; Brunzell v. Golden Gate Hotel and Casino, 116 Nev. 179, 202, 998 P.2d 1068, 1079 (2000) .
Except as otherwise agreed, all residential rental agreements in Nevada for less than one year are "at will" or "periodic" by default and may be terminated by either party for any lawful reason after providing the other party with written notice 5 days before the tenant’s next rent is due. NRS 118A.340(1)(c). A sample form, with general informational comments, for this notice is available in the resources section of this web site or on request at no charge.
For residential leases where the tenant must pay rent on a monthly basis, the notice must be given at least 5 days before the day the tenant’s rent is due for the next month. For residential leases requiring rent every other month, notice must be given at least 7 days before the day the tenant’s rent is due for the next month. For residential leases requiring rent quarterly, semi-annually, or annually, the notice is not effective until at least 30 days after it is given.
Notice may be given in person, by mail, or by email or text message if the tenant has provided that information on their rental application. The more specific the lease is about the method(s) for giving notice, the more likely the court will enforce that method, regardless of whether it is reasonable or convenient. Minichino v. DeSimone, 124 Nev. 149, 158, 181 P.3d 1032, 1037 (2008); Zohloron v. Eighth Judicial District, 119 Nev. 312, 313, 71 P.3d 581, 582 (2003).
Neither rent payments nor notices of termination can be given via Facebook or other social media. Id.
Tenant And Landlord Rights
Tenant and landlord rights and obligations in a residential lease are set forth in the Nevada state law. Tenant rights include right to habitable living conditions, rights to withhold rent or break lease for landlord breaches of lease and statutory and common law prohibitions against discriminatory and retaliatory practices. Landlord obligations include providing habitable living conditions, the obligation to repair and maintain the premises, landlords can enter premises at reasonable times with notice, landlords can evict tenants in some circumstances, and landlords can charge certain fees to tenants. The following is a list of important protections and obligations for Nevada landlords and tenants:
Tenant Rights:
Landlord Rights: It is important that both a landlord and tenant understand their rights and responsibilities before entering into a Nevada residential real estate lease. The understanding will resolve many potential landlord and tenant lease disputes before they commence.
Common Lease Clauses In Nevada
Lease agreements in Nevada residential communities generally contain several standardized clauses to clarify common issues. A general understanding of these standard lease terms is the first step to understanding a lease agreement in Nevada.
Nevada law requires payment of rent by the tenant, unless otherwise agreed to in writing. NRS 118A.240. Payment is typically due on or before the first day of each month, though this term is frequently amended depending on the rental arrangement.
A security deposit must also be paid by the tenant. NRS 118A.242 outlines certain restrictions on security deposits. First, landlords may only require a security deposit of no more than three months’ rent. Second, if the landlord withholds any portion of the security deposit, he or she must provide the tenant with a written statement setting forth the reasons for withholding some or all of the deposit. Damages or repairs are not permissible reasons to withhold the security deposit if they exceed the tenant’s proportionate share of the damage suffered. Lastly, the landlord must repay any portion of the security deposit that is not withheld within 30 days after the tenant vacates the premises. This allows the tenant to recover his or her proportionate share of the security deposit in certain instances.
The duty to repair is another common provision found in Nevada leases. Tenant repair obligations can be quite detailed, and often include an obligation to reimburse landlord for damage to a unit, due wear and tear excepted. The duty to repair may also include maintaining smoke and carbon monoxide detectors. These provisions in a lease protect the landlord, who may not be able to determine the extent of decay or issues occurring under his or her roof. For example, if a pipe breaks causing drywall or flooring damage, the landlord may have little to no knowledge of the issue until the tenant has already vacated, leaving the landlord with a costly expense to repair both the issue with the plumbing as well as the damage caused by the plumbing. By including express obligations to repair or replace flooring or drywall, the landlord protects himself against allowing the repairs to fall solely on its shoulders.
Residential leases in Nevada will always specify the time period for which the lease shall be in force. In most cases, a relevant time period must also exist within the time period specified for which the lease is in force for the landlord to exercise a non-renewal right.
Tenants also commonly have the option of renewing the lease agreement. Since many residential leases overlap with terms of six months to one year, lease renewal is common. Certain provisions deliberately exclude renewal terms, often stating that the tenant shall be allowed to remain in possession of the premises subject to the same terms and conditions of the existing lease, which becomes month-to-month at the end of the lease term.
All residential leases for longer than one year must be in writing to be enforceable. NRS 111.220. Notably, leases of under one year can be oral, however, a landlord may require a written lease even if it is for less than a year. NRS 118A.200. It is the best practice to create a written lease of at least a year and to include an automatic renewal provision, unless all parties sign a waiver.
Lease agreements can be difficult to interpret, and we advise review of the entire lease when confronted with an issue, as there can frequently be conflicting language or lease provisions. However, an understanding of common provisions provides the beginning of a complete analysis of a lease agreement.
Personalizing Lease Agreements
While Nevada law provides a comprehensive framework for standard residential lease agreements, many landlords and tenants require additional provisions to address specific circumstances or issues unique to their individual situation. Fortunately, Nevada law allows for such customization, so long as any provisions added to the lease do not contravene or contradict state law.
For instance, if a tenant requires the ability to have pets in a rental unit, but has no other interest in customizing a lease, the landlord should consider adding a pet addendum to the lease, documenting the pet deposit, detailing any additional rent that will be required for keeping a pet, and addressing any other issues pertaining to pets.
On the other hand, if a tenant is a smoker, the landlord may choose to add a non-smoking provision to the lease and outline the consequences of the tenant’s default. Most landlords and tenants would agree that breach of a non-smoking provision would incorrectly be classified as a material breach. Even if the tenant did not agree to the non-smoking provision in advance, the effort made by the landlord to enter into the agreement may be sufficient to support a claim of constructive eviction and/or termination of a lease for material breach.
In some instances, a tenant or landlord may require customization to the premises themselves. For example, a tenant may want to address details such as whether any changes made to the property by the tenant will become the property of the landlord upon termination of the lease. The landlord may require written approval of any changes made by the tenant. Regardless of the circumstance, if a tenant or landlord wishes to include a provision to the lease, the other party must first agree to the addition before it becomes effective.
Finally, some commercial landlords and tenants find it useful to add a dispute resolution provision to the lease, particularly if the landlord plans on leasing to multiple tenants in the same property. One example of a dispute resolution provision would be to require the parties to mediate any claims between them in front of a single mediator. This type of provision helps promote (and potentially enforce) the usual underlying purpose of the mediation process, which is to resolve disputes at the earliest stage possible without the time, expense, and aggravation of formal litigation.
For landlords and tenants who prefer to abide by a more standard residential lease agreement, the terms promulgated and mandated by the Nevada Uniform Residential Landlord and Tenant Act should suffice to satisfy their needs. Under Nevada law, if there is a gap in the law, these standards may be supplanted by custom and usage in the area.
Regardless of the situation or the reason for customizing or modifying the lease, any change that business partners or contracting parties want to implement must be agreed to by both sides before becoming part of the contract.
Lease Agreement Legal Requirements and Compliance
When it comes to Nevada residential lease agreements, legal requirements and compliance with state and local laws is of utmost importance to establish protection of the landlord’s interests. Failure to follow the law may subject you to liabilities that may be in the hundreds of thousands of dollars.
There are some state-specific requirements for lease agreements that every landlord and tenant should be aware of:
- Security Deposit: A Nevada residential lease must require that the security deposit be placed in an insured account with a Nevada financial institution.
- Lock Change: If the dwelling unit was vacant when the tenant moved in, the rental agreement must state that a lock change or other mechanism to change each exterior door must be installed or the unit must otherwise be made inaccessible from outside the unit before the relinquishment of the keys and the occupant shall be charged a maximum of $50 for the costs of changing the locks.
- Pre-Rental Disclosures: Nevada residential leases must contain certain pre-rental disclosures about the rights and responsibilities when renting a residence. They include:
a. Common Interest Communities: whether the residence is in a common interest community, the Nevada address for the association and the management committee.
b. Sex Offender Registration: the tenant must be provided with information on where he/she can access information about registered sex offenders. You can find the latest update on registered violent offenders in Nevada here.
c. Bed Bug Infestations: New regulations outlining landlord and tenant responsibilities with respect to bed bugs are also now in effect.
4 . Termination of Lease: The notice to terminate must state the name, telephone number, and address of the person or persons authorized to receive rent and manage the premises on behalf of the landlord.
- Tenant’s Right to Request a Written List of Current Rent: At least once every 12 consecutive months, the landlord must provide the tenant with the name, telephone number and address of the person or persons to whom rent is paid and the amount of rent due.
- Annual Statement of Rent Paid: Within 30 days after written request by the tenant, a landlord who collects rent by means of an automatic method, such as a bank transfer or a check, must provide a written statement of the rent paid to the tenant for the previous 12-month period.
- Previous Rental Agreement: The landlord must provide a copy of each rental agreement signed by the tenant for the previous 12 months, if requested in writing by the tenant within three months after the expiration of each agreement.
Enforcement of a Nevada residential lease agreement is subject to penalties, including but not limited to:
• Claim for damages, including reasonable attorney’s fees
• Criminal Penalties
• Verdicts against Landlords and Tenants who haven’t complied with the law can be entered in the amount of up to $10,000, or treble damages for the actual damages, whichever is greater and any other actual damages.
• Attorney’s Fees
• Actions for Declaratory Judgment
• Request for Injunction or Restraining Order
• Equitable remedies
• Abatement of Rent
It is crucial that you comply with the lease requirements under Nevada law.
Breaking a Nevada Lease
Both landlords and tenants in residential lease agreements in Nevada have the right to break a lease in certain circumstances. The most common is when the lease nears its expiration and a 30-day notice to vacate has been issued. Tenants also have the right to break a lease without penalty if the rental unit is uninhabitable (has a serious health problem or infestation, for example), the lease was obtained by fraud or misrepresentation, or if there is domestic violence in the home. Under new landlord-tenant laws that took effect October 1, 2017, landlords may not terminate a lease if the tenant, or a child who resides in the dwelling has been the victim of domestic violence during the tenancy.
Tenants can also break a lease without penalty if the rental unit is sold or the landlord dies or becomes mentally or physically unable to perform the duties of a landlord. Tenants may be liable for penalties, however, if they break a lease without the right cause.
Resources For Tenants And Landlords In Nevada
Local housing authorities in Nevada, such as the Southern Nevada Housing Authority (SNHA) and the Nevada Rural Housing Authority (NRHA), provide a wealth of resources for both tenants and landlords. These include information about affordable housing resources, rental subsidies, and tenant education programs. The SNHA focuses on Southern Nevada and primarily operates in urban areas, while the NRHA caters to rural communities and offers services such as housing choice vouchers and affordable housing development in areas outside of cities. The Consumer Financial Protection Bureau (CFPB) is another valuable resource, offering mortgage-related protections , and guidance on foreclosure prevention and options for modifying or refinancing a mortgage. Their online guide for tenants and landlords outlines frequently asked questions, tips for finding and applying for rental housing, and what you need to know when living with a landlord and other tenants. The Federal Trade Commission (FTC) also provides an array of educational materials, including guidance on how to avoid scams and what actions to take in the event of a common housing issue. Justice Courts in Nevada also have information about rental agreements and landlords’ and tenants’ rights and responsibilities, however the information may not get updated to reflect current law.