Rental Agreements: An In-Depth Guide to Nevada Law
Rental agreements in Nevada are not just important for protecting the interest of landlords. In fact, rental agreements are important for the protection of both landlords and tenants, and a rental agreement must adequately protect the interests of both parties. Nevada law requires a rental agreement to contain certain legal details and language. Like a pool safety cover for keeping out the kids, or a harness for bungee jumping, a written rental agreement is used to protect the parties from future problems, disputes, and liabilities. Nevada landlords and tenants are afforded certain rights and protections by law as well as obligations . These rights and obligations are not always self-evident or understood expressly by the parties to rental agreements, nor may these rights and obligations be fulfilled or be easily vindicated if they ever become an issue. The Nevada landlord-tenant laws can be found in Chapter 118 of the Nevada Revised Statutes, the NRS is available online, here. Nevada law requires that rental agreements be in writing in certain circumstances and with certain content. This section of the blog will explore Nevada’s requirements for rental agreements, types of rental agreements, and issues landlords and tenants should be aware of.
Key Terms Every Nevada Rental Agreement Should Have
When crafting a rental agreement template for Nevada, it is essential to ensure that certain clauses are included. These clauses form the backbone of the rental agreement and provide clarity and legal protection for both parties. Some key clauses that should be included in a Nevada rental agreement template include lease terms, rent payment details, security deposits, and maintenance responsibilities.
Lease terms: The agreement should clearly specify the duration of the lease, whether it is a fixed-term lease or a month-to-month agreement. It should also outline the start and end dates of the lease. Both parties should agree to the lease term and any options for renewal.
Rent payments: The rental agreement should detail the amount of monthly rent due, when it is due, where and how it should be paid. For example, is it necessary to deposit the rent in person or can it be paid online? Does the payment process require electronic payment through a tenant portal or payment site like PayPal, or can tenants pay by more conventional methods such as sending a check to the landlord’s residence or placing the money inside the rent drop box?
Security deposits: It is important to include a clause regarding security deposits. In Nevada, there are no specific limits on how much a landlord can charge for a security deposit. A rental agreement can set the amount of the security deposit and how it can be used, as well as the conditions under which a landlord can retain part or all of the security deposit after the end of the tenancy.
Maintenance responsibilities: It is essential to outline maintenance responsibilities in your rental agreement template to avoid confusion. For example, does the landlord or tenant need to bear the cost of taking care of the lawn or garden? How is the cost for minor or major repairs in the rental property addressed? What happens if a hurricane strikes any part of your Nevada rental property? Is the tenant required to help cover the cost of repairs from wind or hail damage to repair the property after a disaster? More often than not, it usually falls back on local laws and ordinances to determine what can or cannot be done to resolve these issues.
Making Sure Your Nevada Rental Agreement is Lawful and Legal
A rental agreement template in Nevada is a formal law agreement between a tenant and a landlord stipulating their rights, obligations, and any other regulated activity. However, a landlord is legally required to comply with several local and state guidelines and regulations. These requirements include necessary disclosures, tenant rights, state-specific regulations, etc.
The Residential Landlord and Tenant Act.
Without exception, every rental agreement must include the following mandatory disclosures:
• Current names of parties
• Place and address of payment
• Name of managing agent and address, if applicable
• Address of premises being rented
• Length of term
• Date of commencement
• Under the laws of Nevada, if a rental agreement does not specify the rental period or duration, it shall be deemed to be for 30 days. It would be considered month-to-month.
• Amount of rent and fixing of additional charges
• Day of month that rent is due
• Initial date of increase in rent
• Security deposit amount with itemization of deductions
• Notice with reference to chapter 118B of NRS; notice of maintenance of common areas.
• Condition of premises
Landlords must provide their tenants with a Notice of Habitability including the following:
• Proper access to all areas of a rental property
• Running water
• Heat
• Hot and cold water
• Adequate sewage disposal
• Maintenance of electrical
• Working appliances or fixtures
• Furnishing working smoke detectors
• Furnishing of a fire extinguisher (if the fire code requires it)
• Notice of showing the Premises – If the landlord requires access to the premises for any purpose (i.e., showing it to prospective tenants, making repairs, maintaining or inspecting appliances, fixtures, etc.), the landlord must give at least 24 hours’ notice. If the landlord intends to enter the premises in case of an emergency, then the landlord need not give advance notice.
Landlord/Tenant Transparency
All written rental agreements must be accompanied by a "Statement of Tenant Rights."
The Notice must specify that the tenant may request from the landlord, within 14 days of the signing of the tenancy agreement, copies of all rules, regulations, restrictions, fines, policies, fees, etc., in effect at the time of signing.
Rent Increase Notice or Termination for Non-Payment of Rent
All notices that terminate a periodic rental agreement for non-payment of rent must be in writing giving the tenant notice at least five days before the rent is considered delinquent that he/she will be evicted and the reason the premises is abandoned. In addition, all notices for a rent increase must be in writing and given to the tenant at least forty-five (45) days before any such increases take effect.
Further, all notices that terminate or take steps toward termination of a periodic rental agreement must be given in writing, specifying the lease section being relied upon, and must include this language: "YOU ARE HEREBY NOTIFIED THAT YOU MUST VACATE THE PREMISES WITHIN ____ DAY(S) AFTER THE EFFECTIVE DATE LISTED ABOVE, AND THAT IF YOU DO NOT YOU WILL BE SUBJECT TO EVICTION."
Tenant Rights
• Security Deposits. The maximum security deposit a landlord may charge is the equivalent of three month’s rent. However, for a lease with a period greater than 12 months, the maximum amount will increase to a security deposit equal to four month’s rent.
• Rent Increases. As previously mentioned, landlords must give tenants a minimum of 45 days notice of any rent increase. However, landlords are not permitted to increase the rent more than once during a 12 month period.
• Maintenance and Repair of Rental Premises. A landlord has an affirmative duty to make all repairs necessary to keep the premises in a habitable condition. Conversely, a tenant may not alter or intentionally destroy the rental premises or damage the property. If a tenant performs any work on the premises that ultimately causes or results in a breach of a statutory duty to another tenant, the landlord is entitled to recover damages sustained by the other tenant from the tenant who caused the breach.
Landlord/Late Fees
• No bad faith due upon rent becomes too late.
• If rent is more than five days late, a landlord may attempt to recover his or her costs or court fees.
• However, a landlord is not allowed to recover attorney fees or costs incurred due to tenant’s disobedience of any rules or regulations imposed by the landlord.
Designing Your Own Unique Nevada Rental Agreement Template
Once you have done your homework and are familiar with the Nevada landlord-tenant laws, you can customize an online rental agreement template to suit your needs and ensure compliance. For starters, read through the template to get familiar with the terms commonly found in Nevada rental agreements. While these terms are common, be aware of which terms you can modify due to law and which terms you cannot modify. Make sure that the template is fully signed and dated by both parties, with no blanks left on the form. This will help you avoid ending up in front of a Nevada judge explaining why specific terms are not in writing when faced with a dispute.
It is essential to modify a rental agreement to fit the particular property and tenant involved. Use the rental template to include specific details about the security deposit , rent payment details such as where the rent will be deposited and when it is due, and the consequences of late or missed rent payments. Additionally, add any other specific provisions such as additional rents like water, sewage and trash removal. Most Nevada landlords rent their units without rekeying the locks when a new tenant arrives. If you do not plan on replacing locks before handing over a rental unit, consider adding a provision for the tenant to pay for rekeying.
Finally, the most important tip to remember when using an online template for an agreement is to avoid signing the form without reading it first. Just because you are using a boilerplate template does not mean you should skip reading it. You should get in the habit of reading the entire rental agreement out loud before signing it whenever possible. This is the best way to test for understanding of the terms and conditions.
Nevada Rental Agreements and the Mistakes You Need to Avoid
When you craft your own rental agreement template for a Nevada rental, it is essential to be thoroughly familiar with the state’s landlord-tenant laws, or to have an experienced Nevada lawyer help you draft a rental agreement that meets all legal requirements. Failing to do so can lead to invalid provisions in the rental agreement, which can cause you to lose your rights and remedies under the law.
For example, in Nevada, there are certain terms that are required to be included in a lease. If a rental agreement is missing these terms, or contains terms that are not in compliance with the law, damages are available to you but under a different theory than you had originally considered. For example, absent a written lease, the period of tenancy is deemed to be by the month, and the rent is due on the same day of the month as the rent was owed the first month you moved in. It does not matter whether you paid rent weekly or monthly; since the rental agreement is oral, the law deems it to be a month to month rental agreement. You cannot change this result by including a provision in your handwritten lease that states otherwise.
Another common mistake in Nevada rental agreements occurs when the landlord does not make legally-required disclosures — rental properties must be disclosed where there are potentially hazardous conditions affecting the premises. "Potentially hazardous conditions" can include low ground water, crops sprayed with pesticides, the presence of lead, asbestos, radon, urea formaldehyde, mold, or other dangerous or unhealthy substances. In addition, the rental property must be disclosed if it is in a "special flood hazard area." If the property is within one of these areas, and the tenant becomes sick due to mold, lead, or other hazardous materials, the landlord has no recourse. Likewise, if an apartment unit is on the ground floor, and is at risk of flooding, and the landlord does not make this disclosure, they may be held liable for injuries to tenants or their guests.
Many landlords who own vacation rental properties will simply cut and paste an online lease template into a document, changing only the names and dates. This sort of tactic can backfire for a number of reasons. First, the specific language used may not meet legal requirements. Second, the rental unit may not be located where the template lease will be recognized in court. For example, a short term rental in Las Vegas will be governed by the rules in Clark County, and its rental rules differ from those of other counties, such as Washoe County. Third, the rental agreement template you use may not be recognized in another state; for example, the rental property may be located just across the state line from Las Vegas in California. In that case, a disputing party could come from anywhere in the world, and the applicable rental laws will not be those of Nevada.
It is understandably tempting to use pre-existing rental agreements rather than hire a Nevada lawyer to review or draft one for your rental property. However, doing so could lead to more legal trouble down the road than you bargained for. For example, if you use a rental agreement that is applicable in a different state, and your property happens to be located in Nevada, the court will invalidate your attempt to enforce your rental agreement. Instead of using the pre-existing templates available online, consider hiring a Nevada lawyer to ensure that your rental agreements meet all the requirements of the law.
Finding Templates for Rental Agreements in Nevada
In the era of DIY lease agreements and tenant screening, most landlords might be interested in a guide to the most reliable online resources and services for finding Nevada-compatible rental agreement templates. This section offers that.
The Nevada Legal Resource Center offers a number of free downloadable lease forms. While no template exists that caters to every landlord’s needs or every rental situation, the forms provided by this resource can all be used as a solid starting point for most landlords. The forms include: While understandably basic, the availability of these forms is extremely helpful to a landlord who wants both to respect legal requirements and to save time in preparing the rental agreement. They offer a convenient alternative to having to hire an attorney for this sometimes-mundane but nonetheless important task.
Another source, of course, is Rocket Lawyer, which provides a Nevada rental agreement template that can be customized online for the landlord’s specific situation . This online service also helps its users use the finished lease to be sure they’ve crossed all their Ts and dotted all their Is when it comes to further preparation of the lease and tenant screening, before downloading the finished document.
Google has a surprising number of Amazon-sellers listed among its search results for "Nevada lease agreement template." Many are very similar to one another and those found elsewhere, but they do exist for those who prefer the convenience of hard copies, especially especially those who don’t have consistent Internet access.
Nevada’s state regulations related to rental agreements, like those of all states, help landlords protect their rights and set lawful limits on their leases. For a reasonable cost, it’s possible to understand them well enough to create the type of agreement that can help protect a landlord against bad tenants, unpaid rent and lease violations, and a start to setting himself up for eviction if those problems arise.