Nevada Rental Lease Agreements
The Nevada Rental Lease Agreements represent an understanding between a landlord and tenant that they will both fulfill set legal obligations they have mutually agreed upon. As a legally-binding document, both parties are bound by its conditions, with certain penalties in place if they are not fulfilled.
Nevada landlord-tenant laws are relatively extensive in their reach. Therefore, if either party wishes to establish their own conditions within the agreement, they must first ensure these do not conflict with any pre-existing laws.
What is a Nevada Lease Agreement?
A Nevada Lease Agreement is a contract signed by a landlord and tenant so that a residential property owned by the landlord may be legally leased to the tenant. The entire process of leasing a property may be made substantially easier if the landlord makes use of rental application forms to select the most favorable tenant to rent the property to.
State Definition (NRS 118A.160) – “means any oral or written agreement for the use and occupancy of a dwelling unit or premises.”
Types of Agreements
College Roommate Agreement – This agreement carries the objective to encourage positive cooperation between college students living in the same dorm room.
Commercial Lease Agreement – Outlines responsibilities between a landlord and a business so that the lease of a property for commercial purposes may be executed.
Lease to Own Agreement – This agreement specifies conditions which give tenants the option to purchase the property they are leasing.
Month-to-Month Lease – A month-to-month lease provides landlords with some notable advantages over a fixed term lease, such as allowing the landlord to easily modify rental rates to ensure they reflect the market rate.
Roommate Agreement – Comprises of a number of legally-binding and non-legally binding terms related to how roommates should conduct themselves in their shared rental dwelling.
Standard Residential Lease Agreement – A rental agreement that specifies any and all relevant rental laws in the state of Nevada.
Sublease Agreement – A tenant who has the right to sublet their rental dwelling should use this contract to have a written record of the subleasing arrangement they enter into with a sublessee.
When is Rent Due?
There is no state statute governing when rent is due. As such, this must be clearly detailed in the lease agreement. There is also no mention of a grace period, meaning that if the landlord wishes to grant one they must specify so in the lease agreement.
Emergency (NRS 118A.330(2)): The landlord does not require tenant consent in order to access the rental dwelling in emergency situations.
Non-Emergency (NRS 118A.330): The landlord must give the tenant a minimum of twenty-four (24) hours’ notice of their intent to enter in non-emergency situations. Furthermore, they may enter only at reasonable times during normal business hours. That is, unless the tenant expressly consents to a shorter period of notice or to entry during non-business hours with respect to the particular entry.
- Inventory (NRS 118A.200(k)): The lease agreement must include a signed record of “the inventory and condition of the premises under the exclusive custody and control of the tenant”.
- Lead Paint Disclosure: In accordance with federal law, if a landlord of a rental dwelling built before 1978 has knowledge of any lead paint hazards in the dwelling, they must inform tenants of them. Landlords must also give tenants a federally-issued pamphlet that discusses the matter in detail.
- Non-Refundable Fees (NRS 118A.242(8)): If the landlord wishes to charge a non-refundable fee for cleaning, they must expressly disclose this in the lease agreement. In all other cases, rental agreements may not include any provision characterizing any security deposit as nonrefundable or any provision waiving or modifying a tenant’s rights outlined in NRS 118A.242.
- Nuisance Disclosure (NRS 118A.200(l)): The lease agreement must include a summary of the provisions detailed in NRS 202.470—Maintaining or permitting nuisance: Penalty.
- Pending Foreclosure (NRS 118A.275): The landlord must disclose to tenants if the property to be leased or rented is subject to any foreclosure proceedings.
- Rental Agreement Disclosures (NRS 118A.200): The rental agreement must contain a number of specific provisions, including, but limited to, the conditions for the deposit to be refunded and the inspection rights of the landlord.
Security Deposit Laws
Maximum (NRS 118A.242): A maximum of three (3) months’ rent equivalent may be demanded by the landlord as a security deposit.
Returning to Tenant (NRS 118A.242): The landlord must return the security deposit within thirty (30) days of the termination of the tenancy. If the landlord will retain any part of the security deposit, they must furnish the tenant with an itemized written accounting of how the security deposit will be distributed. These must be returned personally at the place where the rent is paid, or mail it to the tenant at the tenant’s present address or, if it is unknown, at the tenant’s last known address.