Nevada Sublease Agreement

Right to Sublet

In Nevada, whether a tenant can sublet their rental unit is determined by the original lease agreement. Tenants must obtain explicit written permission from their landlord to sublet. If a tenant subleases their property without proper authorization, it may constitute grounds for eviction.

Standard Provisions in a Sublease Agreement

A typical Nevada sublease agreement includes several key elements:

• Names of the Parties: Identification of the Sublessor and Sublessee.
• Rental Unit Location: The address of the rental unit.
• Term: The start and end dates of the sublease.
• Rent: The amount of rent, due date, and payment method.
• General Conditions: A statement that the agreement contains all terms and can only be modified in writing.
• Master Lease Inclusion: Attachment of the Master Lease and any exceptions.
• Authorized Occupants: Identification of new tenants and guests.
• Liability: Responsibilities for damages.
• Inventory of Included Items: A list of items included in the sublease.
• Utilities: Specification of utility payments.
• Lead-Based Paint Notice: Required notice if the property was built before 1978.
• Security Deposit: Details on the security deposit, which is held by the Sublessor.
• Return of Security Deposit: Timeline for returning the deposit after vacating.
• Smoking Policy: Restrictions and designated areas for smoking.
• Parking Policy: Parking rules and any fees.
• Disputes: Methods for resolving disputes.
• Landlord’s Consent: Process for obtaining landlord approval for the sublease.
• Signature: Signatures of all parties involved.

Tax Implications of a Sublease

In Nevada, sublessors may be subject to local lodging taxes if the sublease is for a duration of less than 30 days. Tax rates vary by location:

• Clark County Tax: 12%
• Las Vegas Room Tax: 13.38%
• City of Las Vegas (outside primary gaming corridor): 13%
• North Las Vegas: 13%
• Clark County (more than 35 miles from Las Vegas Convention Center): 10.5%
• City of Reno (downtown): 13.5%
• City of Reno (suburban): 13%
• City of Sparks: 13.5%
• Washoe County (outside Reno and Sparks): 13%

Subleases that exceed the local jurisdiction’s duration limits are exempt from transient lodging taxes.

Security Deposit Obligations

A sublessor is required to return the security deposit within 30 days of the end of the sublease. If the subtenant fails to pay rent, the sublessor must provide a seven-day written notice to pay or vacate the property. Additionally, a 30-day written notice is required if the sublessor intends not to renew the sublease.

Relevant Laws

Subletting in Nevada is governed by the terms of the original lease agreement and relevant statutes, including:

• Sublease and Assignment Provision Laws: NV Rev Stat § 40.2514
• Landlord-Tenant Laws: Nevada Revised Statutes Chapter 118A

Tenants should ensure that their sublease agreement includes all necessary provisions for rent payments and contact information for any issues that may arise.

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