A Nevada residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.
Nevada Residential Lease Agreement Disclosures
These disclosures are required for residential lease agreements in Nevada:
| Disclosure | Applicable To |
|---|---|
| Landlord/Emergency Contact | All Units |
| Late Fees | All Leases Charging Late Fees |
| American Flag Display | All Units |
| Foreclosure | Units with a Pending Foreclosure |
| Move-In Checklist | All Units |
| Nuisance Notices | All Units |
| Lead Paint | All Units Built Before 1978 |
Landlord and Emergency Contact Information
Applies to all Nevada rentals.
Nevada leases must contain the name and address of the landlord or authorized agent, plus a phone number for an emergency contact located within 60 miles of the rental property. This allows required communication (for example, about repairs) to happen in a smooth way. The landlord has a duty to notify the tenant when contact information changes.
This information is most often written in the lease agreement. It also may be posted as a notice in every elevator and in one conspicuous place on the rental property (two conspicuous places, for properties with no elevator).
Late Fee Disclosure
Applies to any Nevada lease which charges late fees.
Nevada only enforces late fees which are disclosed and agreed in the lease. Late fees cannot be more than 5% of the overdue balance. They cannot be stacked with any late fees already charged. A late fee can only be calculated off the monthly rent due, without modifications. Nevada caps returned check fees at $25.
This is an example of a late fee clause:
LATE FEE. If rent is not paid by the due date outlined in this lease, a late fee of ___% or $___ will be assessed to the balance, to be paid before the next rent payment is due.
Right to Display American Flag Notice
Applies to all Nevada rentals.
Nevada tenants have a right to display a United States flag for personal use, on a pole, staff, or in a window. Commercial uses such as flags with advertising or other flag-themed displays are not allowed. Landlords must, in the rental agreement, provide notice of the right to display a flag.
This is an example of a flag display clause:
US FLAG NOTICE. Tenant has the right to display the flag of the United States, without restrictions, on the rental property as long as it includes no advertising.
Foreclosure Disclosure
Applies to Nevada rental property subject to a pending foreclosure.
Nevada leases must disclose pending foreclosures, to alert tenants about the possibility of change in ownership and/or management.
FORECLOSURE DISCLOSURE. This property has a foreclosure proceeding pending, which may result in the termination or transfer of the lease to another Landlord upon completion of the proceedings.
Download: Nevada Foreclosure Disclosure Form (PDF)
Move-In Checklist
Applies to all rental units in Nevada.
Nevada landlords must provide a move-in checklist to inventory existing property damage, when the tenant takes possession of the rental property. This ensures accurate deductions from the security deposit upon move-out. Both the landlord and the tenant have to sign the checklist. The tenant must be allowed to keep an original copy.
Download: Nevada Move-In Checklist Disclosure Form (PDF)
Maintaining or Permitting Nuisance Notice
Applies to all Nevada rentals.
Nevada landlords must provide notice to tenants about the legal consequences of creating a nuisance on the rental property.
This is an example of a nuisance notice clause:
Every person who:
1. Shall commit or maintain a public nuisance, for which no special punishment is prescribed; or
2. Shall willfully omit or refuse to perform any legal duty relating to the removal of such nuisance; or
3. Shall let, or permit to be used, any building or boat, or portion thereof, knowing that it is intended to be, or is being used, for committing or maintaining any such nuisance, shall be guilty of a misdemeanor.
Lead-Based Paint Disclosure
Applies to any Nevada rentals built before 1978.
Nevada residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:
- Fill out and attach this lead-based paint disclosure form to the lease agreement
- Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint
- Provide any additional records or reports about the presence or hazards of lead-based paint in the unit (for multi-unit buildings with common areas, this includes information from building-wide evaluations)
Download: Nevada Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures and Addenda (Recommended)
The following lease agreement disclosures and addenda are not required by Nevada law in residential lease agreements, but help with tenant management and landlord liability.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can reduce asbestos risk by not disturbing asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Mold Disclosure | Informs tenants about actual or suspected mold contamination on the property efforts, plus information about treatments. This helps limit landlord liability. |
| Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable when the lease ends. For Nevada landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
| Shared Utilities Arrangements | Sets terms for how to divide utility costs up on properties which share a utility meter with other units. This ensures tenants receive fair charges and understand what uses contribute to their bill. Nevada landlords are not required to execute a shared utilities addendum. However, all leases must clearly state the tenant’s and landlord’s responsibilities for to utility payments. |
| Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Consequences of Not Including Mandatory Disclosures
Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.
Nevada tenants can recover $25 or actual damages, whichever is greater if the landlord fails to disclose the landlord’s contact information and their emergency contact number.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
Sources
- 1 Nev. Rev. Stat § 118A.260
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1. The landlord, or any person authorized to enter into a rental agreement on his or her behalf, shall disclose to the tenant in writing at or before the commencement of the tenancy:
(a) The name and address of:
(1) The persons authorized to manage the premises;
(2) A person within this State authorized to act for and on behalf of the landlord for the purpose of service of process and receiving notices and demands; and
(3) The principal or corporate owner.
(b) A telephone number at which a responsible person who resides in the county or within 60 miles of where the premises are located may be called in case of emergency.
2. The information required to be furnished by this section must be kept current, and this section is enforceable against any successor landlord or manager of the premises.
3. A party who enters into a rental agreement on behalf of the landlord and fails to comply with this section is an agent of the landlord for purposes of:
(a) Service of process and receiving notices and demands; and
(b) Performing the obligations of the landlord under law and under the rental agreement.
Source Link - 2 NV Rev Stat § 118A.270 (2019)
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…1. In each dwelling structure containing an elevator, place a printed or typewritten notice containing the information required by that section in every elevator and in one other conspicuous place; or
2. In each dwelling structure not containing an elevator, place a printed or typewritten notice containing that information in at least two conspicuous places.
The notices shall be kept current and reasonable efforts shall be made to maintain them in a visible position and legible condition…
- 3 NV Rev Stat § 118A.200(e)(g) (2019)
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…3. Any written rental agreement must contain, but is not limited to, provisions relating to the following subjects:
(e) Fees which are required and the purposes for which they are required.
…
(g) Charges which may be required for late or partial payment of rent or for return of any dishonored check… - 4 NV Rev Stat § 118A.210 (2019)
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…4. A landlord may charge a reasonable late fee for the late payment of rent as set forth in the rental agreement, but:
(a) Such a late fee must not exceed 5 percent of the amount of the periodic rent; and
(b) The maximum amount of the late fee must not be increased based upon a late fee that was previously imposed…
- 5 NV Rev Stat § 118A.325 (2019)
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…1. Except as otherwise provided in subsection 2, a landlord or an agent or employee of a landlord shall not prohibit a tenant from engaging in the display of the flag of the United States within such physical portion of the premises as that tenant has a right to occupy and use exclusively.
…
4. As used in this section, “display of the flag of the United States” means a flag of the United States that is:(a) Made of cloth, fabric or paper;
(b) Displayed from a pole or staff or in a window; and
(c) Displayed in a manner that is consistent with 4 U.S.C. Chapter 1…
- 6 NV Rev Stat § 118A.275 (2019)
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…1. A landlord shall disclose in writing to a prospective tenant if the property to be leased or rented is the subject of any foreclosure proceedings…
- 7 NV Rev Stat § 118A.200(j) (2019)
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…(j) Respective responsibilities of the landlord and the tenant as to the payment of utility charges…
- 8 NV Rev Stat § 118A.200(k) (2019)
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…(k) A signed record of the inventory and condition of the premises under the exclusive custody and control of the tenant…
- 9 NV Rev Stat § 202.470 (2019)
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…Every person who:
1. Shall commit or maintain a public nuisance, for which no special punishment is prescribed; or
2. Shall willfully omit or refuse to perform any legal duty relating to the removal of such nuisance; or
3. Shall let, or permit to be used, any building or boat, or portion thereof, knowing that it is intended to be, or is being used, for committing or maintaining any such nuisance,
shall be guilty of a misdemeanor…
- 10 NV Rev Stat §118A.410
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After a demand by the tenant, if a landlord fails to disclose as provided in NRS 118A.260 or NRS 118A.270, the tenant may recover actual damages or $25, whichever is greater.
- 11 Nev. Rev. Stat. § 597.960(1)
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A seller, or his or her agent, may collect a fee of not more than $25 for each check which was accepted by the seller as payment for goods or services and, upon presentment to the drawee, was not honored because the drawer stopped payment on the check, the drawer does not have an account with the drawee or the drawer does not have sufficient funds in his or her account or credit with the drawee to cover the amount of the check.
Source Link
