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When a landlord agrees to let another person or group use their property, it’s to the benefit of both parties—and sometimes a legal requirement—that they create a Nevada lease agreement.
This article will outline the requirements of a valid Nevada rental contract and how it can protect the rights of tenants and landlords. We also provide a free template that you can use as the basis of a Nevada lease. Enter your email address below to get our lease template, tailored to comply with Nevada law.
What Is a Lease Agreement?
A lease agreement is a legally binding contract between a landlord, who owns a property, and a tenant, who intends to occupy the property for a specified period. This agreement outlines the terms and conditions governing the rental arrangement. It typically includes details such as rent amount, payment schedule, security deposit, lease duration, rules for property use, maintenance responsibilities and procedures for dispute resolution.
It serves as a comprehensive document that safeguards the interests of both the landlord and tenant. It establishes a framework for the rental relationship, ensuring clear communication and minimizing potential conflicts. A rental contract helps create a legally sound arrangement by clearly outlining expectations and obligations.
When Is a Lease Agreement Used in Nevada?
Generally, a lease agreement is used whenever a property owner agrees to let someone else use their property for a specified period of time. In Nevada, a rental agreement should always be in writing. While the law may not require it, a written contract can prove invaluable if there is a disagreement between landlord and tenant.
Who Typically Creates a Lease Agreement?
The creation of the document is usually left to the landlord, and you may find that a landlord is unwilling to use a lease created by a tenant. This is especially true of residential leases. However, prospective tenants always have the right to negotiate terms with a landlord, although this practice is more common when negotiating a commercial lease.
Regardless of who creates a lease, it can benefit both parties to document all the terms agreed to at the beginning of the landlord-tenant relationship.
What Parties Are Involved in a Lease Agreement?
There are always two parties to a lease: the lessee and the lessor. The lessee is the tenant or tenants who will be using the property. The lessor is the landlord who owns the property and allows its use.
If the tenant or tenants have bad credit or low income, the landlord may require that a co-signer or guarantor be added as a third party to the lease. A guarantor, as the name suggests, is added to the lease to guarantee that the tenant meets their obligations in the rental contract. Typically, this means that the guarantor agrees to pay the rent if the tenant fails to do so.
What Should Be Included in a Nevada Lease Agreement?
In Nevada, a lease needs to contain a few specific provisions to be legally sufficient, such as the following:
- Duration of the lease
- Amount of the rent and when and how it will be paid
- Names and numbers of persons who will occupy the rental
- Occupancy of any children or pets
- Services included with the rental
- Fees that may be charged and the purpose of the fees
- Deposits which are required and the conditions for them to be refunded
- Charges which may be required for the late or impartial payment of rent or for any dishonored check
- Rights of the landlord to inspect the unit
- Responsibilities of the landlord and the tenant for payment of utility charges
- Inventory and condition of the premises that will be under the exclusive custody and control of the tenant
- Reporting procedure for any nuisances or safety/health code violations
- Right of the tenant to engage in the display of the flag of the United States
- Additional legal provisions and disclosures as required by Nevada law
Nevada law does allow for oral leases and recognizes that leases can be created in the absence of a formal agreement. In those cases, the law states that rent is payable at the beginning of the lease, and shall be the fair rental value for the use and occupancy of the dwelling.
Frequently Asked Questions (FAQs)
How much can a landlord increase the rent in Nevada?
There are no caps on how much a landlord can increase the rent in most states. In Nevada, there are no rent controls. If a landlord chooses to increase the rent, they must serve the tenant with a written notice 60 days in advance of the increase, or 30 days for a periodic tenancy of less than one month (i.e., a week-to-week tenancy).
What rights does a tenant have in Nevada?
A lease in Nevada is a contract between the tenant and landlord. Like any contract, both parties can negotiate the terms—at least in theory. In practice, landlords may be unwilling to alter their residential lease.
It doesn’t hurt to ask, however. It’s also important to know that a lease can’t contain terms that are illegal.
Does a lease need to be notarized in Nevada?
A Nevada lease does not need to be notarized to be valid and enforceable. In fact, notarizing a lease is extremely rare—increasingly so as more and more residential leases are e-signed.
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