314 Ski Way — Lease Review
3bd/3.5ba Diamond Ridge condo · Incline Property Management (agent), broker Lawrence Wodarski (lic. B145124CORP) · Tenants: Jessica M. Auld & Shapor Naghibzadeh, jointly and severally. Reviewed from the 17 signing documents in lease/ on 2026-07-24.
Overall read. A standard Nevada/AppFolio residential lease, and fairer than most: mutual prevailing-party attorney’s fees (§4.5), an explicit landlord duty to mitigate by re-renting (§1.4, §3.7), rent abatement if the unit becomes uninhabitable (§3.3), no rent owed until possession is delivered (§3.6), and 24-hour notice for entry (§3.4). The real issues are the April 30 end date vs. the school year, a deposit-forfeiture sentence, and some drafting sloppiness. Nothing here is scary; two things are worth fixing.
Signature status — partially executed
Shapor initialed lease sections 1–5 (“SN”) and e-signed documents 6–11 on 07/24/2026, 10:48–10:50am PDT (IP 99.24.131.65, AppFolio). The Consent to Act (doc 12) and Duties Owed (doc 14) acknowledgments are unsigned in these copies, and the final Sign & Accept (doc 17) is pending, as is Jessica’s signature. 7/24 update: Kenneth Richards re-issued the lease with the §4.1 holdover fix (see resolved flag #1) — re-initial and complete Sign & Accept.
What changed vs. the preview
| Term | Preview | Signed docs |
|---|---|---|
| Commencement | 07/27/2026 | 07/25/2026 (2 days earlier) |
| Total rent | $52,250 | $52,630 |
| Prorated July rent | $950 (7/27–7/31) | $1,330 (7/25–7/31) |
| Cash due at signing | $10,100 | $10,480 |
Everything else — rent, deposit, end date, clauses — is unchanged. Math checks: $1,330 + 9 × $5,700 = $52,630. The $1,330 proration uses a 30-day divisor ($190/day × 7 days); a 31-day July divisor would be $1,287. Trivial ($43), but that’s how they computed it.
Flags
1. Holdover rent — RESOLVED 7/24 ✓
Original §4.1 set the month-to-month holdover rent at “to be negotiated” with 60-day notice, contradicting §1.2 and leaving May–June 2027 rent (the tail of Zahra’s school year) open. We emailed Kenneth 7/24; he re-issued the lease same day. Updated §4.1 (lease/4 - updated.pdf): month-to-month continues “on the same terms and conditions as stated herein” — $5,700 locked — with 30-day notice either way (more exit flexibility while house shopping; Nevada’s statutory minimum notice governs the landlord’s side regardless). Diff verified: no other changes to the document.
2. “Stay the entire lease or all deposits are forfeited” (§1.4)
Automatic forfeiture of a $9,050 deposit is almost certainly unenforceable under NRS 118A.242, which limits deductions to actual damages, unpaid rent, and cleaning — and the very next sentence contradicts it (you owe rent only “until the property is re-rented, whichever comes first”). But the sentence signals how IPM approaches deposits. Defense: exhaustive move-in documentation (below) and a written 30-day notice with forwarding address at the end. They owe an itemized accounting within 30 days of move-out.
3. Guaranteed move-out charges
Professional cleaning and professional carpet cleaning at tenant expense regardless of condition (§3.7, §5.1 items 2–3 — stated twice), plus charges for any missing or burned-out light bulbs (§5.1 item 4). Mentally budget several hundred dollars of the deposit as spent. Vendor is “of the landlord’s choosing,” so you can’t shop it.
4. Mold addendum has teeth (doc 8) — and it overrides the lease
You must keep the home at 68–73°F in winter (72–76°F summer), never below 55°F even when unoccupied, run exhaust fans, wipe condensation, and report any leak/moisture/musty odor immediately. Miss a step and mold liability shifts to you; the addendum explicitly controls over the lease in a conflict. It also obligates you to vacate at the landlord’s request during remediation, with no rent abatement mentioned. In a snow-country condo this is the addendum most likely to matter: report every moisture issue in writing (email) the day you see it, so the record shows liability staying with the owner.
5. No real grace period
Rent due the 1st; 5% late fee ($285) after day 5, but the lease says the 5 days is “not a grace period” — demand can be made from day 1. Unpaid balances bear 10% interest; $50 per bounced check; all fees are “additional rent” (so nonpayment of a fee = nonpayment of rent, a 5-day-notice offense under §4.1). Set up Appfolio autopay via eCheck — not credit card, which typically adds a processing fee.
6. Documents
- Furnishings inventory — ⏰ the live one. §3.1 says owner-furnished items “will be listed in a special inventory… signed by both Tenant and Owner concurrently with this Lease.” Get it from IPM by 7/28 — we need it to mark what to remove (bringing our own furniture). Without a signed inventory you’re presumed to have received everything in good order (§3.2), so pin down the list before swapping anything out.
- Parks & Rec / IVGID passes — ✅ handled (as of Mon 7/27). 4 recreation cards per §5.1 item 12.
- Lead-based-paint disclosure — N/A. The unit was built 1996 (post-1978), so the federal disclosure requirement (42 USC §4852d) doesn’t apply. Dropped.
7. Smaller notes
- Pet (docs 2, 9): one owner-approved pet; $500 pet deposit paid; pet agreement requires renter’s liability insurance for the entire term with Owner/Agent named as additional insured. You need a policy before move-in with that endorsement — not optional despite §2.2 phrasing insurance as “recommended.”
- Occupancy (§1.6): max 4 persons; guests beyond 14 consecutive days need written consent. No subletting or assignment, period (§1.7).
- Utilities (§1.5): owner pays snow removal, water/sewer (IVGID), trash (WM); you pay gas, electric, internet. The boilerplate paragraph below it contradictorily says tenant pays “snow removal, trash disposal” — the specific filled-in terms above should control, but it’s sloppy drafting worth a screenshot.
- Move-out (§3.7): written 30-day notice with forwarding address before lease expiration — calendar it for March 31, 2027 decision day.
- Keys (§3.8): 2 keys + 2 garage openers; no lock changes without written consent.
- Dual agency (docs 12, 14): Wodarski/IPM acts for the landlord (Duties Owed). The unsigned Consent to Act would let him represent both sides; you are not required to sign it, and for a straightforward rental it changes little either way.
- Smoke/CO detectors (doc 11): you agreed to weekly tests and battery upkeep — do a monthly test and note it; it matters for liability.
- Non-smoking (§5.1); no flammable/hazmat storage — note gasoline for a snowblower would technically violate both the lease and HOA rule 10; the HOA plows anyway.
Diamond Ridge HOA rules that will actually affect daily life
- Quiet hours: reduce noise before 7:00am and after 10:00pm.
- Thermostat no lower than 55°F November–May in unoccupied units (echoed by the mold addendum’s 68–73°F occupied-winter band).
- 2 vehicles max; no RVs/boats/trailers in driveways beyond 4 hours; no vehicle repairs in driveways; garage must still fit two cars.
- Bikes, toys, and gear must be kept inside the unit — not on balconies or in view; nothing hung from windows/balconies.
- Pets leashed in common areas; owners responsible for cleanup.
- No garage sales; no firearm/air-rifle use; no fireworks.
- Fines: $25/day after notice, levied on the owner — but §5.1 item 5 of the lease passes any fines through to you as rent.
- Exterior changes (satellite dish, antenna, etc.) need Board consent.
Move-in protocol (protect the $9,050)
- Complete the move-in checklist (doc 15) within 24 hours of getting keys — every room, every line, note everything down to nail holes and worn carpet.
- Timestamped video walkthrough + photos of: all floors/carpets, walls, appliances (inside too), window sills (moisture staining!), bathroom caulking, garage, deck. The checklist has a “videos/photos taken, in possession of” box — check Tenant.
- Count and photograph light bulbs that are out on day 1 (you’ll be charged at move-out otherwise) and report them immediately per §3.2, along with anything not in “good working order.”
- Get the furnishings inventory signed before or at key handoff.
- Send one summary email to IPM the first week (“attached: signed checklist, photos, items noted”) so the condition record is on their server, not just yours.
Key terms reference
| Term | Value | Where |
|---|---|---|
| Term | 07/25/2026 – 04/30/2027, then month-to-month | §1.2 |
| Rent | $5,700/mo | §1.3 |
| Total rent | $52,630 | §1.2 |
| Late fee | 5% ($285) after day 5; 10% APR on balances; $50 NSF | §1.3 |
| Security deposit | $8,550 + $500 pet = $9,050 | §1.4, doc 6 |
| Due at signing | $10,480 | doc 6 |
| Owner-paid utilities | Snow removal, water/sewer (IVGID), trash (WM) | §1.5 |
| Tenant-paid utilities | Gas, electric, internet | §1.5 |
| Entry notice | 24 hours, business hours (except emergency/abandonment) | §3.4 |
| Move-out notice | 30 days written, with forwarding address | §3.7 |
| Deposit return | 30 days after termination + possession, itemized | §3.7 |
| Holdover | Month-to-month on same terms ($5,700), 30-day notice either party | §4.1 (fixed 7/24) |
| Attorney’s fees | Prevailing party (mutual) | §4.5 |
| Recreation passes | 4 IVGID resident cards | §5.1.12 |
Sources: lease/1.pdf–17.pdf and hoa.pdf in this folder, compared against the 54-page preview PDF. Not legal advice.