Nevada Rental Agreements Explained
The primary reason a rental agreement is created is to spell out the agreement between the landlord and the tenant. It also provides both parties with something written to refer to later on to prevent any misunderstandings or miscommunication. While not strictly required by law, local courts typically require a written rental agreement to be used for any lease longer than one year.
Here in Nevada, there are a few specific features of a rental agreement that the law does require the landlord to disclose. The majority of information will not be required until the lease agreement is in writing. Additionally , the Nevada Real Property Code requires that rental agreements must include the following: Although a rental agreement is not required to be a written document, it is always a smart choice to have one created or to modify an older rental agreement form to comply with today’s current laws. A written rental agreement means that there is a solid reference point that both landlords and tenants can refer to in case a dispute comes up or the agreement must be enforced.
Getting Rental Agreement Templates for Free
For those in Nevada looking for a free rental agreement template, there are several places to look. First and foremost, the Nevada Supreme Court provides templates for residential tenancies, commercial tenancies, and room rentals as part of their self-help center. The residential lease is available in both English and Spanish, and includes a full explanation after each provision, with links to relevant state statutes.
The Nevada Department of Business and Industry, Real Estate Division also has information on their website about rental agreements. It does not directly provide lease forms, but does give links to the Nevada Revised Statutes covering landlord/tenant disputes and potential legal remedies.
Local organizations also often provide free forms for tenancies. In addition to the real estate division’s website, the Nevada Coalition of Legal Service Providers provides resources concerning rental relationships, including access to free template forms.
Critical Parts of a Nevada Rental Agreement
When drafting a rental agreement in Nevada, it is essential to include specific key elements as mandated by state law. These clauses not only protect the landlord and the tenant but also ensure compliance with the state’s legal requirements.
The first essential clause is the identity of the parties involved in the rental agreement. This includes the landlord’s legal name and the names of all prospective tenants. In Nevada, it is a statutory requirement that the names of all tenants are disclosed in the rental agreement.
Secondly, the rental period should be clearly laid out in the agreement. The law requires that a rental agreement specifies the length of time for which the tenancy is granted. In Nevada, residential leases can be written for a fixed term, typically 12 months, or on a month-to-month basis.
Another key element is the rent due date and amount. The rental agreement must state the exact amount of rent to be paid, the due date, and where the rent is to be delivered. Nevada law requires landlords to provide a written receipt for rent payments if requested by the tenant.
The rental agreement must also include a description of the premises to be leased. This can be in the form of an address or a diagram, but it must contain enough detail to identify the property.
Finally, the rental agreement in Nevada must contain the provision "Nevada law requires that lessors offer basic security devices." This clause, although seemingly simple, is a mandatory provision that ensures tenants are aware that Nevada law requires certain security devices.
These key elements not only form the foundation for a legally binding Nevada rental agreement but also help prevent potential disputes between landlords and tenants.
How to Alter a Rental Agreement in Nevada
Once you have downloaded a rental agreement template, it is time to customize the document to fit the specific requirements of the landlord-tenant relationship. Nevada laws do not require a written agreement between a landlord and tenant, but a written agreement that clearly defines the terms may be beneficial for both parties. For example, a landlord could customize the rental agreement template to include specific details about the size and condition of the property. The agreement could state the number of people allowed to live in the property, the policy on pets, or be customized with language regarding late fees if the rent is not paid by the 5th of the month.
Make sure that any customization still complies with Nevada laws. For example, the written rental agreement cannot contain a clause that waives a tenant’s rights or remedies under Nevada Revised Statute Article 7 (Rents and Leases of Real Property), as this is prohibited by law. Further, landlords should not customize their agreements to allow them to enter a rental property, at any time, without consent of the tenant or without providing notice. See NRS 118A.330. Some landlords add a clause stating that the landlord may enter the property without notice to the tenant if either (1) a health emergency exists, or (2) the rent is past due for five days. Both of these situations are considered emergencies under Nevada law and allow the landlord to immediately enter the property. However, a rental agreement cannot permit a landlord to enter without any notice or under any other circumstances.
Rental Agreement Mistakes to Avoid
A common pitfall in creating a rental agreement is failing to comply with the Nevada Residential Landlord and Tenant Act (NRS 118A). This law outlines certain requirements that a rental agreement must include to be legally binding. Failing to meet these requirements can lead to legal complications down the road. For example, if a rental agreement fails to provide explicit terms regarding late fees or rent increases, the tenant’s rights can be jeopardized.
Another common mistake is the failure to fully fill out the lease agreement. While it might be tempting to use a rental agreement template without completing all the necessary fields. Failing to fill out the lease agreement could mean you are not keys. Some of the things the landlord needs to ensure are filled out are: the names of all parties, the address of the rental unit, the duration of the lease, the rental price, and the due dates for rent. The tenant should also sign and date the lease agreement .
It is crucial to carefully review and revise the rental agreement before signing to ensure that all the terms are fair, clear, and in compliance with the law. If you have any doubts about the content or implications of a rental agreement, it is always a good idea to reach out to a qualified attorney.
A rental agreement should delineate the rights and responsibilities of both the landlord and tenant. If an agreement is ambiguous or leaves important issues unaddressed, it opens the door to potential disagreements or misunderstandings. For example, what happens if a tenant damages the property or fails to pay rent? Is there a grace period for paying overdue rent? Specifically addressing these issues in the rental agreement can prevent future disputes.
Another issue is if the rental agreement allows the landlord to raise the rent at any time. It must clearly specify when, if ever, the landlord can increase the rent and how much notice they must give. A landlord can raise the rent but we must be sure not violate the laws of either the local jurisdiction or the state.
Legal Issues for Nevada Landlords and Tenants
When drafting a rental agreement or lease in Nevada, both landlords and tenants should consider the state’s laws that relate to rental agreements. For example, all landlords who rent out property in Nevada must be licensed. Failure to obtain a license can result in penalties for the landlord. By creating a free rental agreement with Rocket Lawyer, you can ensure that all necessary documents are completed, signed, and are legally binding in your state.
Landlords in Nevada are also required by law to make certain disclosures to tenants, such as whether or not the unit is equipped with smoke alarms. Different rules apply to apartments, townhomes, or other types of property. A well-prepared rental agreement will contain the appropriate disclosures.
Landlords may evict tenants without cause, but only after giving them sufficient notice, which varies depending on where the tenant is located. A rental agreement that is more than one year old cannot be terminated without cause unless there is a 6 month notice.
While rental agreements can be useful in preventing misunderstandings from occurring between a landlord and a tenant, they can’t prevent every dispute. If a dispute occurs after an agreement is signed, consult an attorney for guidance on how to proceed.
Modifying and Ending Rental Agreements
You may decide to alter the terms of a written Nevada rental lease agreement. For example, you may want to update it with the new rent amount or new lease terms. You could also include new names if you have co-tenant who has changed name legally via marriage, divorce, or other circumstance. Nevada rental lease agreements and all leases are legally binding as soon as both parties have signed them, however, many landlords make periodic changes even after an agreement has been signed.
Any amendments to these terms need to be documented in writing. It’s not sufficient to tell your tenant verbally about the new terms. You can make and sign a new rental lease agreement, or you can add an addendum to the original lease but make sure you both sign it.
Sometimes you will need to terminate the rental agreement. You will need to consider what your state appropriate process is for succeeding in terminating the lease. For example , your lease might provide a clause allowing the landlord or tenant to terminate with 45 days notice. If you both agree that it’s best to end the lease early, you should still put it in writing.
Rent control laws may dictate rent increases, rental units that are habitability standards, and tenant security deposits, and Nevada is no exception. You should be aware of any such laws and the terms that they require you to provide to your tenants. Generally, the courts will hold you to the rules and compliance of the new changes that you have included in these written amendments.
Prior to signing the termination, or any other lease amendments, it’s a good idea to consult with a lawyer for advice on how best to proceed and on any risks that may be involved.