Legal Question in Real Estate Law in Nevada
Early Lease Termination
I have a rental property in Nevada that was managed by a property manager. In the one year lease agreement, he wrote in the following additional terms and condtions ''In the event of transfer of tenant, lease is voidable with 30 day written notice. During this 30 days, home will be available to show to future tenants''. The tenant gave 30 day written notice before the end of the lease.
Is the tenant entitled to his security deposit because the lease also states that the security deposit will be forfeited in full if lessee terminates the agreement prior to the expiration date?
1 Answer from Attorneys
Re: Early Lease Termination
Since the tenant and the property are in Nevada, the lease is governed by the law of that State, unless there is an express provision otherwise. Nevada law is similar to California's but not identical.
The provision about forfeiting the security deposit would be unenforceable under California law. I do not know about Nevada.
Common law principles of contract interpretation would require that ambiguities be interpreted against the drafter of the agreement - in this case, you. The tenant could certainly argue that the contract expired according to its terms when he was transferred and gave 30 days notice.
I suggest you refund the deposit.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
