Nevada Residential Lease Agreement

Last Updated: July 13, 2022 by Elizabeth Souza

The Nevada residential lease agreement (“rental agreement”) outlines the terms and conditions of the residential use of real estate in exchange for rent payments. This contract is legally binding between the landlord and tenant, describing the rights and responsibilities of each party.

Nevada Lease Agreement Disclosures

The below disclosures are required for all residential lease agreements in Nevada.

Disclosure Applicable to
Landlord/Emergency Contact All Units
Late Fees All Units Charging Late Fees
American Flag Display All Units
Foreclosure Units with a Foreclosure Proceeding
Move-In Checklist All Units
Nuisance Notices All Units
Lead Paint All Units Prior to 1978
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Landlord and Emergency Contact Information

Applicable to all rental units in Nevada.

The name and address of the landlord or individual authorized to act on the landlord’s behalf must be disclosed in the rental agreement so that future legal notices and demands sent by the tenant can be properly delivered to the landlord. The phone number for an emergency contact within 60 miles must also be provided in a similar fashion in each lease. This information should be disclosed to the tenant in writing at or before the commencement of the tenancy.

Alternatively, this disclosure can be implemented through posting a notice in every elevator and in one conspicuous space, or if there is no elevator, in two conspicuous places on the property.

Late Fee Disclosure

Applicable to any unit charging late fees in Nevada.

Late fees in Nevada must be outlined in the lease agreement to be enforceable. This fee may not exceed 5% of the balance due and may not be stacked with already accrued late fees. It may only be charged on the monthly rent due before fees.

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

Applicable to all rental units in Nevada.

A United States flag may be displayed in a personal location that is exclusive to the tenant or a common area and the flag may be flown reasonably on a rental property. However, this does not apply to flags with advertising or other flag-themed forms. The flag of the United States must be made of cloth, fabric or paper and shall be displayed by a pole, staff or in a window. Nevada landlords must provide this notice in the rental agreement.

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

Applicable to rental units where the property is subject to foreclosure in Nevada.

Rental properties that have a pending foreclosure must have a disclosure included in the lease that alerts prospective tenants about the proceedings.

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

Applicable to all rental units in Nevada.

Nevada requires that landlords provide a move-in checklist that outlines the inventory and condition of the property upon move-in by the client. Once signed by both parties, this list may be held exclusively by the tenant and can be used to recover security deposits, if applicable.

Download: Nevada Move-In Checklist Disclosure Form (PDF)

Maintaining or Permitting Nuisance Notice

Applicable to all rental units in Nevada.

Nevada landlords must provide a notice about the penalties if a tenant creates a nuisance in the rental property. Below is an example of the notice:

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

Applicable to any rental units built prior to 1978.

It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in Nevada to:

  • Fill out and attach this lead-based paint disclosure form to the lease agreement.
  • Provide the tenant with an EPA-approved pamphlet about the dangers of lead-based paint.
  • Provide additional records or reports about the presence or hazards of any known 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 & Addendums (Recommended)

The below lease agreement disclosures and addendums are not required by Nevada law. These disclosures can be helpful to include to help reduce future conflicts with tenants or reduce legal liability for landlords.

 

Optional Disclosure How the Disclosure is Helpful
Asbestos This disclosure informs tenants if there is asbestos at the property. If there is asbestos a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers.
Bed Bugs If the rental unit has a history of infestation, landlords should provide information on how to handle a bed bug infestation. This disclosure notifies the tenant of their obligation to cooperate with bed bug prevention and immediately report any sign of infestation to the landlord.
Medical Marijuana Use Inform tenants if medical marijuana use on the property is permittable. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only or inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises.
Mold Disclosure Informing the tenant of the current mold status of a property protects the landlord against future liability of mold damages.
Non-Refundable Fees A non-refundable charge must be written in the lease agreement. If a non-refundable charge is not written in the lease, the tenant may be subject to a refund upon termination of the lease.
Shared Utilities Arrangements For rental units with shared utilities, a landlord should disclose the specifics of how they are shared, and how each party’s bill is calculated. Providing this information to tenants will give them a reasonable expectation of what they owe each month.
Smoking Inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises.

Consequences of Not Including Mandatory Disclosures

Disclosures outline the important health, safety, and property information and vary by state. If a landlord does not provide the tenant with the federally or state-mandated disclosures, they could face legal repercussions or monetary penalties.

A tenant in Nevada can recover $25 or actual damages, whichever is greater if the landlord fails to disclose the disclosure of the landlord and their emergency contact number. The landlord must either give the tenant a written disclosure or post the information in the elevator or in one conspicuous place (if there is no elevator then post in two conspicuous places).

If a landlord fails to disclose the lead-based paint hazard disclosure, they can face fines of up to $18,364 per violation. (24 CFR § 30.65)

It’s best to check with your local and state laws on which disclosures you must provide to your tenant.

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