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 |
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.
Sources
- 1 NV Rev Stat § 118A.260 (2019)
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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…
- 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.
