LANDLORD AND TENANT
Landlord and Tenant Attorneys
Landlord and tenant law covers the rights and responsibilities of property owners and the occupants of real property. In Nevada, this area of law is governed by both statutes and common law. Landlord/tenant relationships can be created formally through a lease or informally by an ambiguous document or an oral agreement. Where there is no lease or the lease does not expressly provide for some term, the law provides “gap fillers” which govern the matter.
While there are considerable similarities between the law for residential and commercial property, there are also some distinct differences. In residential tenancies, landlords have certain obligations which cannot be waived or bargained away. For example, in Nevada there is a statutory warranty of habitability, a minimum level of livability. No waiver of this warranty will be enforced by any court of this state. Commercial tenancies are not subject to such a rule. However, commercial tenants who do have a useable leasehold are not without remedies, either pursuant to the lease or by common law.
The drafting and negotiation of leases is critical to a successful tenancy. The lack of guidance regarding responsibility for maintenance, utilities or insurance can lead to expensive disputes. Further, a lease should detail what is to occur when the tenancy is complete. Our firm can help negotiate, draft, enforce or defend you in any landlord/tenant relationship.