What is a Rental Lease Agreement?
Rental lease agreements serve as the legal contract between a landlord and his tenant. It permits the landlord to rent his property to the tenant for a specific period of time. The rental lease agreement is very important because it gives the landlord legal rights if his tenant breaches the rental agreement. A Nevada landlord may have a verbal rental agreement, but this is not recommended because sometimes a tenant or landlord will breach the rental agreement and having no written lease agreement will put the landlord at a disadvantage against a tenant in court . In the written rental lease agreement, the parties will include some of the following terms: the rental rate or other charges, the term of the rental agreement, the deposit due to landlord, the duties of landlord and tenant, the right of eviction by landlord and the housing codes that the property has to meet.
Essential Parts of a Nevada Lease Agreement
For a rental lease agreement in the state of Nevada to be valid, and enforceable in a court of law, certain components must be included in the document. These are:
Names of the Parties
The lessor, or landlord’s, name should be clearly printed in one of the designated spaces, along with the lessee, or tenant, in the opposing space below. The two may be separated by a comma or may be printed on top of one another. The date on which the lease is executed (signed) should also be marked below that.
Property Description
All the actual property that is to be leased, including land, buildings, and other fixtures, should be included in the description. The address of the property, whether it is an apartment or house, and its permitted uses are all essential parts of the property description.
Rent Amount
What the tenant must pay as rent on a monthly basis will be included in this space. It should be followed by how, where and when the payment should be made, along with information regarding late payments, damages and all relevant late fees. If there is a deposit for pets, it should be indicated in this section as well.
Lease Term and Start Date
Finally, the duration of the lease must be present, along with the start date for the lease to begin. However, even though a term years lease is very common, there Re no laws that require leases be agreed to yearly.
Rental Agreement Requirements in Nevada
In addition to the key components that should be included in an optimal rental lease, the Nevada Revised Statutes require certain elements of Nevada rental leases. One requirement is that the landlord provide a signed copy of the lease to the tenant within 30 days of the signing of the document. Additionally, the lease may not have any provisions that violate Chapter 118 of the Nevada Revised Statutes (NRS 118). These include various requirements as to notice periods and rules governing entries by the landlord and fictitious names for the rental unit.
Termination of a month-to-month lease requires 30 days’ notice. The landlord can enter the premises after giving 24 hours’ notice of entry to the tenant. If the notice period is neglected to be given by the landlord, the tenant may not have to pay rent for time spent away. If the tenant refuses entry, the tenant may be liable for damages. If the landlord has not given notice and enters by force, the tenant may terminate the lease. If the tenant unlawfully refuses entry, the landlord may immediately terminate the lease without giving proper notice. If both parties agree, the lease provisions can extend the notice time and/or the 24-hour rule for entry at the request of either party.
Per the Nevada ALTA clarifying statement, "all leases shall be made in good faith by the landlord and tenant thereof, and neither shall be broken, nor disturbed, or in any manner interfered with, excepting by the landlord securing to himself on account of any default in the payment of rent, the right to regain full possession of the premises but not otherwise", and a rule of thumb practice of most property managers is to include this in your rental agreement. This short statement requires both parties to adhere to the Nevada landlord-tenant laws.
Typical Terms & Provisions in a Nevada Lease
These contracts are often several pages long and contain a wide array of terms, including specific rules that you must follow during your stay in the Nevada apartment, condo or home. Important provisions include: Penalties for early cancellation Disclosures Rental term Rent due Late payments Repair and maintenance Entry Property access Tenant improvement Pets Air conditioning & heating Utilities Subletting Evictions Concern for personal safety Condominiums Condos have their own set of rules, which will be included in the HOA CC&Rs. HOAs have the power to levy fines, impose and enforce assessments, and create and enforce rules and regulations. Violation of these ordinances can penalize unit owners and their tenants, and may result in the eviction of problematic members.
Amending & Ending a Lease
Nevada law allows for the modification and termination of leases under certain conditions and following specific procedures. Commonly, modifications occur at the time of a lease renewal, but can occur whenever both parties agree to the proposed changes. In all cases, however, a formal written change must be prepared and signed by all parties in order to be effective. Any subsequent agreement must reference the previous agreement it is modifying.
Termination of a lease is also generally agreed to in writing. If a tenant or landlord wants to terminate or break a lease, termination will not occur until a signed written document has been executed.
Tenants must vacate the premises on the date specified in the rental lease. If notice to vacate is not specified in the rental lease agreement, tenants must provide landlords with written notice at least thirty days prior to the intended termination date for either a week-to-week or month-to-month rental term. Written notice to vacate may be in the form of a letter.
Tenants are required to pay rent until the termination date. In Nevada, the courts strictly enforce one important provision relative to the protected rights of landlords: the "Duty to Mitigate Damage." A landlord is required to make a good faith effort to find a replacement tenant if at least 15 days of the rental term remain at the time a tenant properly gives notice. While it may be somewhat difficult for a landlord to prove that he or she has made an attempt to re-enter into the lease, there is an obligation on the part of the landlord that can leave him/her/it open to liability.
The tenant’s obligation to pay rent until the end of the term of the rental agreement is the same whether the rental term is for a week, month or year . If your rental lease does not provide for a different rental period, you will be presumed to have agreed to a month-to-month rental terms. The rental payment is due in advance and must be paid on a date designated in the rental agreement. If not designated, the payment is due on the first of the month unless the day for rent payment as stated in this rental agreement is on a different date. If the rental payment amount is not stated in the rental agreement or if the rental agreement is for a period of more than one week, the rental amount is the fair market value rent for the leasehold interest.
Landlords must abide by the terms of the lease agreement and fulfill repair obligations. Once a tenant provides a written forty-five (45) day notice to vacate, it is customary for the landlord to conduct an inspection of the premises to determine if repairs are necessary.
Landlords who terminate a lease agreement because of a tenant’s breach must have grounds other than the failure to pay rent. To terminate the agreement, legal action is necessary. It is a good idea for the landlord to keep track of all verbal conversations. A witness to the breach might be helpful during legal proceedings. In Nevada, the landlord has two choices when a tenant breaches an agreement or fails to pay rent: Recovery of possession or termination of the rental agreement.
Most landlords are reasonable. They understand that tenants sometimes fall on hard times and need extra time to make their payments. Some prefer that tenants are evicted even though the law provides for the opposite.
Nevada’s eviction laws specify which grounds are sufficient to establish a claim of eviction, how fast a landlord can evict a tenant and the eviction procedure.
Resolving Lease Disputes
In the event of a disagreement between landlords and tenants regarding Nevada rental lease agreement issues, involve the following options to help resolve the dispute:
Mediation: A mediator is a professional hired to help each side of the dispute come to a resolution without going to court. The mediator’s role is to maintain a neutral position and guide the conversation toward a peaceful settlement. Mediators are often experienced attorneys and hired by the courts.
Arbitration: Arbitration is used to settle disputes out of the court system. The two disputing parties agree to hire a neutral third party to review all evidence and make a legally binding decision. The arbitration process is similar to a hearing, except that there is no judge or jury involved and proceedings are not open to the public. Many times attorneys are not allowed to participate or present evidence on behalf of their clients. Instead, the disputing parties may present their own case and decide how to conduct their own defense during arbitration.
Small claims court: Small claims court is a branch of the Nevada District Courts. In this court, plaintiff and defendant are given the chance to settle disputes over small amounts of money (amounts vary by county) outside of the traditional legal process. This offers easy access to the courts without the need for an attorney and an expedited hearing process that usually lasts less than one hour.
Tenant’s Guide for Signing a Lease in Nevada
It is imperative to understand the terms important to you and to make sure that they are outlined in the lease before signing. In addition, if you have specific requirements of the landlord or the property, it is necessary to negotiate those terms with the landlord before signing. The following are a few examples of what may be considered significant and material terms that should be discussed before signing the lease and insuring that they are contained in the lease:
• Are pets permitted?
• Is a deposit required for the pet(s)?
• Who is responsible for yard maintenance and repairs to the yard?
• Can the tenant paint the walls, etc?
• Is there a pool and who is responsible for its maintenance?
• If there is a pool can the tenant have guests use the pool?
• Where will the landlord be mailing notices for late rent or other notices?
• Is the basement permitted to be used by the tenant for storage, entertainment, etc?
• Are smoking or other substance use issues addressed and discussed?
• Are there any issues that the tenant has that can impact the lease that need to be confirmed and/or discussed?
The landlord can offer some insight into what is important to address with the tenant. The tenant should consider all issues prior to signing that could become a source of conflict or concern. In addition, questions and/or concerns with the unit and/or actions of the landlord should be addressed prior to signing the lease. If the parties verbally discuss a topic or issue it is important to obtain confirmation from the landlord in writing and it should be included in the lease.
Helpful Resources for Landlords and Tenants
Nevada provides multiple valuable resources for landlords and tenants to obtain information about their rights and responsibilities related to rental lease agreements.
One such resource is the Nevada Department of Business and Industry’s "Consumer Bill of Rights," which outlines necessary actions every landlord and tenant should take prior to leasing property. The Consumer Bill of Rights explains the rights and duties of both landlords and tenants, lays out the proper procedures for the execution and termination of a rental lease, and even provides frequently requested language for inclusion in a tenant’s notice to vacate a rental property . The Nevada Department of Business and Industry also operates a website dedicated to the state’s landlord-tenant laws that includes consumer guides, fact sheets, and flowcharts.
In addition to these resources, the Nevada Legal Services provides "The Landlord-Tenant Project" pilot program that is designed to provide free legal advice and representation with regard to rental lease agreements and evictions for eligible low-income tenants in northern Nevada. State residents have the right to free legal services while Nevada Legal Services helps clients develop the skills they need to stand up for their legal rights.