Springfield, OR asked in Landlord - Tenant for Nevada

Q: Re-read Lease agreement for Las Vegas apartment. Several spots refer to California Law, not Nevada Law.

My son's former Signifcant Other and he moved to Las Vegas with their children and leased an apartment together on May 1 to save money. My son has had to come to Oregon because of a family issue. In re-reading his lease agreement there are several areas where the document refers to California Law rather than Nevada Law, such as under the heading "Remedies" it states: "Landlord shall have the remedies as set forth in Civil Code 1951.2 and 1951.4. All of Landlords remedies under this Agreement and California Law are cumulative." Also, the "Database Disclosure" references the Calif. Dept of Justice and meganslaw.ca.gov; and under "Governing Law", it states: "The validity, meaning, and effect of this agreement shall be determined in accordance with California law." Could these things legally nullify the agreement?

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1 Lawyer Answer
Mike Branum
Mike Branum
  • Saint George, UT
  • Licensed in Nevada

A: The agreement is likely worth less than the value of the paper upon which it was printed (or written in crayon - it does not sound like a very well thought out document). I would still be extremely careful in the way in which your son separates himself from this less than sophisticated landlord. I would give reasonable notice, pay rent, and agree to allow the landlord to retain the deposit. If the landlord attempts to sue to enforce the lease your son will be able to demonstrate to the court that DESPITE a severely flawed lease instrument he acted in good faith when he moved out.

There is a risk that a court would find a quasi-contract existed even though the instrument itself was flawed but if your son takes the steps above the court is not going to be looking for a reason to reward the landlord for the sloppy rental agreement. The landlord is also less likely to pursue legal action if they feel they have been treated with respect and fairness.

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