Q&A - Leases
Does a lease need to be signed?
Both the landlord (or his agent) and the tenant (or his agent) must sign any written lease agreement. (NRS 118A.200(1).)
Does the landlord have to provide the tenant with a copy of the lease?
The landlord must provide one copy of the lease to the tenant for free when the lease is signed. (NRS 118A.200(2).) The landlord must provide additional copies if the tenant requests them, within a reasonable time after tenant's request. The landlord can charge the tenant a reasonable copy charge for the additional copies. (NRS 118A.200(2).)
Are there topics a lease agreement must address?
Any written lease must have provisions on the following topics:
- How long the lease lasts.
- Amount of tenant's rent and how and when it is paid.
- Occupancy by children or pets.
- Services included with the rental property.
- Required fees and their purpose.
- Required deposits and the conditions for their refund.
- Charges for late or partial rent payments or returned checks.
- Landlord's inspection rights.
- A list of the people who will live on the rental property.
- The landlord's and tenant's responsibility for utility payments.
- A signed record of the inventory and condition of the rental property.
- A summary of NRS 202.470 (the criminal penalty for nuisance).
- How the tenant can report a nuisance or a violation of a building, safety, or health code or regulation to the authorities.
- Tenant's right to display the U.S. flag.
If there is no written lease, it is presumed that:
- There are no restrictions on children or pets.
- Landlord will provide maintenance and waste removal services without charge.
- There is no charge for partial or late rent payments or returned checks.
- Other than normal wear, tenant will return the rental property in the same condition as when the tenancy began.
A lease agreement that does not address these topics, or that contains lease provisions contrary to Nevada law, is "void" (completely without legal force). (NRS 118A.200(5).)
Are there things that a lease agreement cannot contain?
A lease agreement cannot say that a tenant:
- Agrees to waive or give up rights or remedies given to the tenant by Nevada's Residential Landlord and Tenant Act (Chapter 118A of the Nevada Revised Statutes);
- Agrees to have any person "confess" (admit) a judgment for any claim arising out of the lease;
- Agrees to pay the landlord’s attorney’s fees (except the lease can say that the court can award reasonable attorney’s fees to the party that wins in a court case);
- Agrees that the landlord will not be responsible (or that landlord's responsibility will be capped or assumed by the tenant) for money awarded by a court because of something the landlord did or failed to do; or
- Agrees to give the landlord a different termination notice than the landlord must give the tenant.
Any lease provision that violates Nevada law is "void" (completely without legal force). The tenant can sue the landlord for money if the tenant was injured because of the prohibited lease provision. (NRS 118A.220(2).)