I am a tenant & the lease is super onesided. Is this enforceable in Las vegas court?

Question

Keep in mind this is a 50-floor high rise by the Vegas strip. There is no way for me to check or guarantee some of these items. Renter's insurance won't cover me for pipes and fixtures for example:

"The tenant agrees that the property, equipment and fixtures will be under the control of the tenant and agrees to keep the property in a clean and sanitary condition. The tenant agrees to pay for any damage to plumbing caused by freezing or any neglect. The tenant will also to be responsible for all damages to the property or adjoining buildings, caused by the overflow or breakage of water works."

"Appliances are for the convenience of the tenant, but are not guaranteed to operate for the duration of the lease. It is the owner's discretion to repair or replace an appliance. If the tenant is careless with an appliance, the owner will not be obligated to repair or replace it. In most cases, the tenant will be responsible for paying the maintenance deductible"

"Tenants pay the deductible for repairs to dwelling and systems for each event."

" If AC or Heating repairs are caused by unchanged air filters, Lessee will be responsible for the repair cost."

"Tenant agrees that there were no clogged pipes at the time they moved in and that the tenant is responsible for all cost to fix clogged pipes during their tenancy."

Greg M. · Answer

That's not a super one-sided contract. That is fairly normal.

Insurance generally doesn't cover neglect. Therefore, if you fail to maintain something, don't expect someone else to pay for it.

Greg M. · Answer

The way I read this, if you allow the pipes to freeze in your unit and they burst, you are personally liable for all the damages this causes. If a pipe fails due to age or something out of your control, you would not be responsible for any damage. You have to be negligent in some capacity for liability to fall on you.

Matt Devincenzo · Answer

That's not what the clause says and this was already pointed out in your last post re: this lease term. It says The tenant agrees to pay for any damage to plumbing caused by freezing or any neglect....neglect would likely fall to you anyway legally, so you're just acknowledging that. And freezing is likely not a problem in Vegas, and especially in a High Rise where the building will stay warm simply by the sheer number of units. But again if somehow you through negligence cause a freezing situation then you'd be liable anyway.

You don't have to rent this unit in this building. If you don't like the lease terms then just rent somewhere else.

Mike Dymski · Answer

I would not worry about it if I wanted to live there but agree with all your comments that the lease is punitive.  Appliances don't have to operate?  The owner can decide if they want to fix them...or not regardless of cause?  The tenant has to pay for maintenance deductibles for normal breakage?  Tenant is responsible for ALL damages from normal breakage of water works?  Com' on landlord.

Nathan Brown · Answer

A lease is a contract like any other. Generally speaking, contracts aren't enforceable if they contradict written law. However, in practice, sometimes landlords will stipulate whatever they want on the assumption the tenant neither knows the difference nor has the means to fight it in court. None of the examples that you wrote above stand out as particularly egregious in my opinion. What I might suggest if it matters to you is to hire an inspector to help complete your due diligence.

Greg M. · Answer

It's probably just a generic lease.

Steven Chen · Answer

I thought "responsible for all damages to the property or adjoining buildings, caused by the overflow or breakage of water works" would be thrown out since it is ridiculous for a tenant to pay for pipe repairs, especially if it is shared amongst 50 floors. Seems expensive. Do not want to expect a $40k bill for this scenario since I would have to pay for neighboring units if it happens from the way the contract is worded?

Bill B. · Answer

It’s safe to assume this property is far and away your favorite and the best deal you can find correct?  You’re not just dragging your feet on a standard deal you can find everywhere in town instead of moving on.

Maybe it’s priced so far below market because others won’t sign. Use your savings to cover any losses that occur. Heck, you can probably buy a home warranty or pay for own for the landlord for $25/mo?

Stephen DeThample · Answer

Hello @Steven Chen

It’s a contract that is trying to cover anything they can think of. They may have had an issue with a previous tenant who was careless or at fault. As far as appliances go, they don’t have to replace the washer / dryer or the refrigerator. If the LL is hard to deal with, it may be a sign of future issues.

Good Luck 🍀

I am a tenant & the lease is super onesided. Is this enforceable in Las vegas court?

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