Commercial Leasing · Las Vegas, Nevada

    What Should I Look for Before Signing a Commercial Lease in Nevada?

    By , Nevada attorney and real estate broker · · 8 min read

    The short answer

    Before signing a commercial lease in Nevada, review seven things: the rent structure and escalations, CAM and operating expense pass-throughs, the personal guarantee, the permitted use and exclusivity clauses, repair and maintenance obligations, assignment and subletting rights, and the default and remedy provisions. Unlike residential leases, Nevada commercial leases are almost entirely a matter of contract — courts enforce what you signed, not what you assumed. Most terms are negotiable before signing and almost none are negotiable after. Have the lease reviewed before execution, not after a dispute starts.

    1. The real cost of rent

    The advertised rate is rarely the real cost. Confirm whether the lease is gross, modified gross, or triple net (NNN), and get the current CAM, tax, and insurance pass-through amounts in writing. Check the escalation clause — annual increases of 3% or CPI adjustments compound significantly over a five- or ten-year term.

    2. The personal guarantee

    Most Las Vegas landlords require a personal guarantee from the business owners. This puts your personal assets behind the lease. Negotiate the scope: a limited guarantee, a 'good guy' guarantee that ends when you surrender the space, a cap in dollars or months, or a burn-off that expires after a period of on-time payments.

    3. Use, exclusivity, and hours

    These clauses decide what your business can actually do in the space:

    • Permitted use — drafted broadly enough to cover your business as it evolves
    • Exclusive use — prevents the landlord from leasing to a direct competitor in the center
    • Hours of operation — some retail leases require you to stay open set hours
    • Signage rights — visibility terms, approval rights, and who pays

    4. Repairs, maintenance, and build-out

    Who fixes the roof, HVAC, and plumbing? In NNN leases, tenants often inherit HVAC and even structural responsibilities. For build-outs, pin down the tenant improvement allowance, who controls the contractor, and what happens if construction runs late — including rent commencement triggers.

    5. Exit rights

    Plan the exit on the way in:

    • Assignment and subletting — can you transfer the lease if you sell the business?
    • Early termination — is there a termination option, and at what cost?
    • Renewal options — are they at a fixed rate or 'market rate,' and who decides market?
    • Holdover — many leases charge 150–200% of rent if you stay past the end

    6. Default and remedies

    Read the default section as if you will one day be on the wrong side of it. Look for notice and cure periods (or their absence), late fees, interest, the landlord's right to lock you out or seize property, and whether the landlord must mitigate damages after you leave. Nevada generally enforces commercial lease remedies as written.

    7. The paper behind the lease

    Verify the landlord actually owns the building, check for existing mortgages (and ask for a nondisturbance agreement so a foreclosure does not wipe out your lease), and confirm zoning allows your use. A lease review costs a fraction of one month's rent; a bad lease costs years of them.

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    This article is general information about Nevada law, not legal advice for your situation, and reading it does not create an attorney-client relationship. For advice about your matter, call (702) 471-0112.

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