Nevada Roommate Agreement

Types of Roommate Arrangements in Nevada

1. Co-tenancy: In a co-tenancy arrangement, all roommates are on the same lease with equal responsibilities to the landlord. If one co-tenant violates the lease rules, the other co-tenants are also liable for the violation. This means that roommates are “jointly and severally liable” for the terms of the original lease, meaning each co-tenant is fully responsible for adhering to all lease terms. The landlord can pursue full recovery from any co-tenant for violations, such as unpaid rent.

2. Subtenancy: The original tenant acts as the landlord to the subtenant, receiving rent and handling rental issues. The original tenant can evict the subtenant for misconduct. Subleasing typically requires the landlord’s permission.

3. At-Will Tenancy / Guest Tenancy: This informal arrangement allows a roommate to stay for an initial period, usually up to 30 days, without being on the lease. After this period, the roommate may be considered a subtenant, which requires formal eviction by the landlord.

Writing a Nevada Room Rental Agreement

When drafting a Nevada room rental agreement, the following elements should be included:

1. Parties Involved: Specify who is making the agreement, the property address, and the landlord’s information, including contact details for all signatories.

2. Lease Term: Note the duration of the existing lease and how long the roommate agreement will last.

3. Security Deposit: Discuss how the security deposit will be split among roommates and the rules for returning or deducting any portion.

4. Rent: Specify the total rent amount and how it will be divided among roommates.

5. Utilities: Determine how utility payments will be split and who is responsible for making payments to the utility companies.

6. Lease Violations: Establish rules for handling violations of the lease or roommate agreement and what happens if someone needs to move out early.

7. House Rules: List any house rules regarding food, cleaning, guests, etc.

8. Room Assignments: Divide bedrooms and specify which areas will or won’t be shared.

9. Signatures: Ensure all parties sign and date the agreement and attach the completed landlord consent form.

Resolving Roommate Disputes

In the event of a dispute, the original lease takes priority over the roommate agreement. House rules regarding non-lease matters, such as chores or quiet hours, are generally not enforceable in court. Roommates may consider mediation or arbitration for disputes not related to the lease.

Statutes

• Nev. Rev. Stat. § 118.175 – Liability of tenant
• Nev. Rev. Stat. § 118A.200 – Rental agreements: Signing; copies; required provisions; disputable presumptions; use of nonconforming agreement unlawful
• Nev. Rev. Stat. § 118A.242 – Security deposit: Limitation on amount or value; surety bond in lieu of security deposit; duties and liability of landlord; damages; disputing itemized accounting of security deposit; prohibited provisions
• Nev. Rev. Stat. § 118A.242(8) – Security deposit: Limitation on amount or value; surety bond in lieu of security deposit; duties and liability of landlord; damages; disputing itemized accounting of security deposit; prohibited provisions
• Nev. Rev. Stat. § 118A.242(4)(5) – Security deposit: Limitation on amount or value; surety bond in lieu of security deposit; duties and liability of landlord; damages; disputing itemized accounting of security deposit; prohibited provisions
• Nev. Rev. Stat. § 118A.300 – Advance notice of increase of rent
• Nev. Rev. Stat. § 118A.325 – Right of tenant to display flag of the United States in certain areas; conditions and limitations on exercise of right
• Nev. Rev. Stat. § 118A.345 – Right of tenant or cotenant to terminate lease due to domestic violence, harassment, sexual assault or stalking
• Nev. Rev. Stat. § 118A.355 – Failure of landlord to maintain dwelling unit in habitable condition
• Nev. Rev. Stat. § 118A.330 – Landlord’s access to dwelling unit
• Nev. Rev. Stat. § 118A.390 – Unlawful removal or exclusion of tenant or willful interruption of essential items or services; procedure for expedited relief
• Nev. Rev. Stat. § 118A.510 – Retaliatory conduct by landlord against tenant prohibited; remedies; exceptions
• Nev. Rev. Stat. § 202.470 – Maintaining or permitting nuisance: Penalty
• Nev. Rev. Stat. § 40.251 – Unlawful detainer: Possession of property leased for indefinite time after notice to surrender; older person or person with a disability entitled to extension of period of possession upon request; federal worker, tribal worker, state worker or household member of such worker may request extension of period of possession
• Nev. Rev. Stat. § 40.2512 – Unlawful detainer: Possession after default in payment of rent; exception
• Nev. Rev. Stat. § 40.2514 – Unlawful detainer: Assignment or subletting contrary to lease; waste; unlawful business; nuisance; violations of controlled substances laws
• Nev. Rev. Stat. § 40.2516 – Unlawful detainer: Possession after failure to perform conditions of lease; saving lease from forfeiture; recovery of possession following unlawful detainer