Overview
Leases are the cornerstone of a successful landlord-tenant relationship, providing a legal framework for both parties to enter a harmonious agreement.
In Nevada, residential lease documents—including their structure, nature, and contents—are regulated by Nevada landlord tenant laws. For this reason, it’s imperative to understand the intricacies of the law before constructing a lease.
This guide will walk you through the crucial components of a lease agreement Nevada considers compliant, ensuring you’re well-equipped to make informed decisions. And to make your journey easier, we’re offering a free Nevada lease template for download!
A Nevada lease or rental contract is a legally binding document that outlines the terms and conditions governing the rental of a residential property within the state. This lease must adhere to Nevada’s landlord-tenant laws, providing a clear framework for both landlords and tenants to follow and fostering a secure and transparent rental environment.
The following components should be included in every Nevada rental contract. Keep in mind that these components apply primarily to residential leases in Nevada – A Nevada commercial lease agreement has different components and requirements.
Lease Term
This section specifies the lease’s start and end dates, establishing the duration of the rental agreement.
Rent
Here, you’ll find details regarding the rent rate, due date, and the status of rent control. In Nevada, there are no statewide rent control laws for residential property. The state of Nevada does not regulate or restrict the price of rent. However, the law does state that landlords cannot increase rent without giving tenants at least 60 days’ written notice (or 30 days’ written notice for periodic tenancies less than one month) (NRS § 118A.300).
Additionally, it’s important to keep in mind that individual cities or counties in Nevada may have their own laws that regulate or restrict rent increases. Be sure you know which laws apply in your region so that your rental agreement is compliant.
Late Fees
The penalties for missing rent payments should be clearly stated in the lease, as should any exceptions. In Nevada, late fees are limited to 5% of monthly rent (NRS § 118A.210(4)). There is also a mandatory three-day grace period in Nevada, meaning that landlords cannot charge late fees or enforce other penalties until at least three days after rent is due.
Be sure that your late fee policy is clearly described in each Nevada rental agreement so that tenants know exactly what will happen if they are late on rent.
Security Deposit
This section of the lease includes details about the security deposit, including its amount, where it will be stored, and how/when it will be returned.
The maximum or limit for security deposits in Nevada is three months’ rent (NRS § 118A.242(1-2)). Additionally, Nevada requires landlords to return security deposits to tenants (minus any deductions) within 30 days after the lease ends (NRS § 118A.242(4)).
All Nevada lease agreements should carefully describe the landlord’s security deposit policy, including the amount of the deposit, how/when it will be returned, and the conditions under which funds may be withheld from it.
Required Disclosures
This section encompasses crucial required disclosures, which are information that must be disclosed to the tenant in the lease before they agree to rent the property. These required disclosures must be included in a lease agreement Nevada considers compliant, or else provided to the tenant in a separate written notice.
In Nevada, the required disclosures are:
- Lead-based paint – Landlords in all 50 states must disclose lead-based paint hazards in rental agreements for most properties built before 1978.
- Landlord/agent identification – Landlords in Nevada must disclose the name and address of the person authorized to manage the premises and receive notices.
- Security deposit receipt – Nevada landlords are required to provide a written security deposit receipt to tenants upon request.
- Foreclosure – If a Nevada rental property is in the foreclosure process, landlords must disclose this to tenants.
- Fees and deposits – Nevada law requires landlords to disclose the amounts, purposes, and refund conditions of all required fees and deposits in the lease agreement.
- Utility billing – Landlords in Nevada must disclose the respective responsibilities of the landlord and tenant regarding utility charges in the lease.
- Move-in checklist – Landlords must provide tenants a signed record of the inventory and condition of the premises.
- Summary of public nuisance law – Every Nevada lease agreement must include a summary of NRS § 202.470, which is the Nevada law that describes public nuisances and the penalties for causing one. Public nuisances are considered misdemeanors in Nevada and may be grounds for lease termination.
- Violation reporting procedure – Nevada landlords must inform tenants of the procedure they should follow to report a building, safety, or health code violation.
- United States flag – Nevada lease agreements should describe the tenant’s right to display a U.S. flag on the premises.
Landlord Right to Entry
In Nevada, there are specific laws governing when a landlord can enter a rental property. Landlords in this state must provide at least 24 hours’ notice to the tenant before entering an occupied unit for a non-emergency reason (NRS § 118A.330(3)). Additionally, Nevada landlords may only enter at reasonable times (during normal business hours), unless the tenant has explicitly consented to shorter notice or has requested entry during non-business hours. Be sure the landlord’s right of entry is included in your Nevada rental lease agreement.
Repairs & Maintenance
The lease outlines how and when tenants should submit maintenance requests and clarifies the process for addressing necessary repairs. Every Nevada residential lease agreement should specify which maintenance responsibilities are the landlord’s and which are the tenant’s.
Lease Termination/Renewal Procedures
This section details the procedures for early lease termination and breaking the lease, including eviction processes. Specifically, the lease should clearly state how many days’ notice the tenant needs to provide the landlord to announce their intent to either renew or terminate the lease.
A Nevada residential lease agreement should also clearly describe what happens if the tenant breaks the lease. Before filing for eviction in Nevada, landlords must send eviction notices of specified lengths: A seven-day pay or quit notice for nonpayment, a five-day cure or quit notice for lease violations, a three-day quit notice for illegal drug activity, or an immediate notice to quit for severe violations. These notice periods should be specified to the tenant so that both parties are clear on what will happen if the tenant fails to uphold the Nevada rental agreement.
Joint and Severability Clause
This clause is for leases with multiple roommates and explains the legal consequences if one party fails to fulfill their obligations. It ensures that the entire lease isn’t invalidated due to one roommate’s breach.
Signatures
Both the landlord and tenant will sign the lease either on paper or electronically, ensuring a secure and convenient process.
Nevada Lease Agreement Download
To make your leasing journey simpler, we offer a free, downloadable Nevada lease agreement. This template is tailored to meet the specific requirements of Nevada state law, making it a valuable tool for landlords and tenants.
Conclusion
Understanding the nuances of a Nevada residential lease agreement is vital for a smooth and legal tenancy. We hope this guide has provided you with a clear understanding of the components of a Nevada lease. To get started on the right foot, download our free Nevada lease template and ensure a transparent, lawful, and satisfying rental experience.
