What Exactly is a Nevada Rental Agreement Form?
Property rental in the state of Nevada is governed by statutory law codified in Chapter 118 of the Nevada Revised Statutes (NRS 118). These laws are known as the Nevada Residential Landlord and Tenant Act. This act describes the rights and obligations of both landlords and tenants and includes our Nevada Security Deposit at a Glance.
A Nevada Rental Agreement ("Rental Agreement") is any instrument, however informal, which establishes the terms and conditions under which a Nevada property owner leases their property. With respect to residential properties, our statutes identify these as rental agreements under the Residential Landlord and Tenant Act. Most rental agreements are formal with the understanding they are enforceable as a Nevada contract. However, as described below "Rental Agreements" can also be informal.
A Nevada Rental Agreement:
The above rental agreement definitions apply to all residential properties, including apartments, single family homes, condominiums, flats, rooms, and mobile dwellings, including trailer houses.
There is another form of rental agreement called a "license." A license is the right to the temporary use of real property for a fee. A simple example of a license would be keeping a camper or vehicle on someone’s vacant land for a few days or weeks. In that example, the consideration exchanged is giving the landowner a fee for the use of their land. Rental property agreements and rental agreements for commercial, industrial and business properties are often in the form of a lease. These types of agreements are outside the scope of this blog article. Although a Nevada mobile home park or commercial complex lease may be subject to the Residential Landlord Tenant Act, the Rental Agreements for these properties often fall under NRS Chapter 108. There are also different requirements for the Rental Agreement of Nevada watersheds , watershed estates and the leasing of unoccupied buildings. The section of this statute that addresses each of these Rental Agreements can be found at NRS 118.075.
"Rental Agreements" vs "Leases": We often hear from clients who want a "Lease" for their property. However, a rental agreement form, or simply called a "Rental Agreement" by most people, is a legal requirement intended to provide notice to you of rental obligations to avoid misunderstanding. Our typical Nevada rental agreement form is a commercially vendor generated form and can be found at our office or may be downloaded at no cost directly from the Nevada Supreme Court. The informal Nevada rental agreement form is a writing between the landlord and tenant that sets forth the terms of the rental agreement.
Written "Rental Agreements" provide the landlord and tenant (tenant = the person renting the rental unit from the landlord) with the benefit of knowing the expectations of both parties. A Rental Agreement provides our courts with evidence of the parties expectations and obligations in our courts if a dispute arises. Remember as with all contracts, agreed to terms can be modified but all changes to the reported terms and conditions must be evidenced in writing if the form is to be enforceable.
So finally, sections 118.210 and 118.215 of the Nevada Revised Statutes provide that Rental Agreements, other than informal Rental Agreements, must be provided to the tenant in writing signed by both the landlord and tenant. Granting Nevada tenants possession or use of any residential rental unit (think apartme housing, single family homes, condos and the like) without the use of a written Rental Agreement or a "license", leaves the landlord susceptible to unfair business practice claims. Most of all, no Rental Agreement means no notice can be provided to grant notice to the tenant "to pay rent or vacate" failing to pay rent. Last, without a Rental Agreement, the landlord has no rights to access and/or inspect the premises for purposes other than to make repairs at reasonable times.
Key Components of a Nevada Rental Agreement Form
The standard Nevada rental agreement form contains key elements that are vital to both the property owner and the tenant. The initial part of the form provides information on the owner’s name and address, phone number, as well as identifying the individual serving as the flat fee locator’s representative. It also contains the date that the agreement becomes effective. The residential address for the rental property is also provided, including the unit number if applicable and the associated rental amount. The terms of the lease are stipulated here, whether it is for a term of one year, six months or month-to-month. Nonrefundable application fees that are charged to tenants are disclosed on this form, along with a statement that says that the owner/lessor is not responsible for those fees. All key terms that form the entire agreement are listed in this part of the form, along with the date that the property will be available for occupancy.
If there are any alterations to the rental agreement, the form also provides a section at the end for the property owner to include those changes to the original rental contract. If a tenant does not understand the full rental agreement terms, or if they have any questions, the fair housing and rental practice division is available to assist in clarifying what these terms mean. In other words, the form rental agreement looks like a simple lease document, but it is much more than that, because it can be modified and can include changes either specifically or by reference of other documents, but it is included in the referenced agreement.
Nevada-Specific Legal Requirements
As mentioned, the specific disclosures and other items required by Nevada law are contained in the rental agreement form. For instance, in addition to the disclosures required under federal law, such as lead paint, the Nevada Rental Agreement requires landlords to disclose other information, including: Also included in the form is the notice to tenants that they may be legally entitled to return of the security deposit within 30 days after the expiration of a rental lease, or termination of a tenancy without a lease, and that oral notice of intention to exercise this right must be given within 15 days. Or, that if the tenant does not give such notice, the full amount of the deposit may be retained by the landlord or landlord’s agent.
Rental agreements covering single-family residences or units with three or less units are required to include certain provisions. Some of the provisions are similar to those required under federal law, such as, the notice to tenant regarding lead and lead hazard pamphlet (to the extent not in conflict with federal law). There are other required provisions specific to rental agreements for rental units with three units or fewer: Landlords will want to make sure that their rental agreements comply with all these requirements. Noncompliance with these provisions can have negative ramifications for landlords, including having an unfair bargaining power claim asserted against them.
How to Complete a Nevada Rental Agreement Form
Section 1: Tenant Information
- Enter the full names of all adult tenants in the appropriate spaces.
- Check the box to indicate if the tenant has an additional party or juvenile, or leave blank.
- Fill in the number of children under 18 years of age.
- Enter the current date.
Section 2: Other Occupants
- Check each box that applies, including whether the tenant is permitted to have pets or sublet the unit.
- Indicate whether water and/or utilities are included in the rent or if the landlord is responsible for paying those bills.
- Write the monthly amount due for rent. Enter the amount of rent due for the security deposit , if applicable.
- Specify how long the tenant is leasing the unit.
- The top boxes should contain the mailing and/or email address of the landlord.
- The space provided may also be used to write any terms and conditions that the landlord has added to the rental agreement.
Section 3: Property
- Enter the name of the place being rented.
- Fill out the address of the rental.
- Write the name of the county and the terms "Nevada" after it.
- Fill in the date that the rental period begins.
- Enter the rental agreement’s expiration date in the space provided.
- Enter the property’s surface area in acres or square feet.
Section 4: Signatures
1. The section should be signed by all tenants and include the date it was signed.
2. The document must be signed by the landlord or the person authorized to sign for the landlord, as well as list the address of the landlord.
Section 5: Important Information
1. Recognize that the last page of the agreement contains a section on mediation, which provides a list of offices and phone numbers for alternative dispute resolution.
Common Errors to Avoid
There are also some common mistakes that both landlords and tenants make when completing a Nevada rental agreement form. For instance, the tenant will frequently change information after the landlord has already signed the form. This can lead to confusion for the landlord, especially if the changes benefit the tenant. For this reason, it is important that both parties sign and initial each page of the rental agreement to avoid changes being made after both parties have already read the rental agreement.
Another mistake often seen is the failure to state the responsibility for payment of utilities in the space provided or making marks after the section without initials. This is another area where it is important for both parties to sign and initial each page of the rental agreement, as there is the potential that the parties would negotiate an amendment to the rental agreement, and would fail to initial the modification. It is best if the section on utilities is either marked clearly or not at all, so that there is no confusion.
In unusual circumstances, the parties may agree to sublease. Under NRS 118A.200, a tenant may not sublease in any way without the express permission of the landlord. While this is generally not a large problem, important concerns arise from a tenant that gets into trouble with subleasing. It is not uncommon for a tenant who is facing possible eviction to attempt to transfer the property to a third party, creating a major problem for the landlord.
Nevada Rental Agreement FAQ
Can you require the tenant to pay an application fee?
Yes, but the cost of the rental application fee cannot exceed $50.
Is a rental agreement void if it’s not in writing?
No. Any verbal agreement can be enforced in court as long as it can be proven.
Can the tenant postpone payment?
Not unless both the tenant and landlord agree to it in writing. It’s advisable for the landlord to provide a grace period in the lease for on-time payments.
Can a landlord cancel an agreement without notice?
No. In order to cancel a rental agreement, the landlord must give at least 30 days’ notice. Evicting a tenant early remains a court issue, despite abrogating the state’s rights. If the landlord needs a Francophone adviser on eviction, French attorneys can help.
Can a landlord enter the property without consent?
No. A landlord cannot forcibly enter the premises without notice and the tenant’s permission unless a major emergency occurs, like a fire or flood.
What if a tenant doesn’t pay rent or move out?
If the tenant fails to pay rent , the landlord must give the tenant a written 5-Day Notice before filing a summons for eviction in court. A landlord must evict a tenant through the court system; the landlord cannot get a court order himself or herself.
Are utilities included or not?
The rental agreement must include whether or not utilities are included in the rent. If utilities are included, the landlord has the right to deduct them from the rent if any rent is paid late.
How often is rent assessed?
Rent is assessed at the beginning of the month (or the date of the rental agreement). Neither party can change the due date without the other party’s written consent.
What if the property is repossessed or foreclosure occurs?
Any tenant with a rental agreement will remain covered by the renter’s rights even if the property changes hands due to non-payment by the landlord.
Is it legal to ask the tenant to sign a disclaimer and give up all rights?
No. Any rental agreement that includes any form of disclaimer or waiver that requires a tenant to relinquish their rights as established in the law is void.