Nevada Residential Lease Agreement

Required Disclosures

In Nevada, certain disclosures must be included in residential lease agreements to ensure transparency and protect both parties. These disclosures include:

1. Fees: Any fees separate from rent must be disclosed, including whether they are refundable or nonrefundable.
2. Foreclosure: Tenants must be informed if the property is undergoing foreclosure proceedings.
3. Lead-Based Paint Disclosure: If the property was built before 1978, tenants must be made aware of potential lead-based paint hazards and provided with an Environmental Protection Agency (EPA) pamphlet.
4. Move-In Checklist: A checklist assessing the property’s condition must be signed by the tenant before moving in.
5. Nuisance/Violation Guide: Landlords must inform tenants about the process for reporting nuisances to authorities.
6. Right to Display American Flag: Tenants must be notified of their right to display the U.S. flag on the property.

Security Deposit Laws

Nevada law regulates security deposits as follows:

• Maximum Amount: Landlords can charge a security deposit of up to three months’ rent for unfurnished units and four months for furnished units.
• Returning: Any unused portion of the security deposit must be returned within 30 days after the tenant vacates. If deductions are made, an itemized list must be provided.

Rent Payment Laws

Key aspects of rent payment laws in Nevada include:

• Grace Period: Tenants have a three-day grace period for late rent payments.
• Maximum Late Fee: Late fees cannot exceed 5% of the monthly rent.
• NSF Fee: A penalty for a bounced check cannot exceed $25.

Landlord and Tenant Rights

Landlord Rights

• Right of Entry: Landlords must provide at least 24 hours’ notice before entering the rental property, except in emergencies.

Tenant Rights

• Withholding Rent: Tenants may withhold rent if the landlord fails to address habitability issues after a 14-day notice.

Termination of Lease

For month-to-month tenancies, either party can terminate the lease by providing written notice at least 30 days before the next rent payment is due.

Consequences of Non-Compliance

Failure to include mandatory disclosures can result in legal consequences for landlords, including potential lawsuits or penalties. For instance, landlords may face fines for not disclosing foreclosure status or lead-based paint hazards.

Statutes

• Nev. Rev. Stat. § 118.175 – Liability of tenant
• Nev. Rev. Stat. § 118A.200 – Rental agreements: Signing; copies; required provisions; disputable presumptions; use of nonconforming agreement unlawful
• Nev. Rev. Stat. § 118A.242 – Security deposit: Limitation on amount or value; surety bond in lieu of security deposit; duties and liability of landlord; damages; disputing itemized accounting of security deposit; prohibited provisions
• Nev. Rev. Stat. § 118A.242(8) – Security deposit: Limitation on amount or value; surety bond in lieu of security deposit; duties and liability of landlord; damages; disputing itemized accounting of security deposit; prohibited provisions
• Nev. Rev. Stat. § 118A.242(4)(5) – Security deposit: Limitation on amount or value; surety bond in lieu of security deposit; duties and liability of landlord; damages; disputing itemized accounting of security deposit; prohibited provisions
• Nev. Rev. Stat. § 118A.300 – Advance notice of increase of rent
• Nev. Rev. Stat. § 118A.325 – Right of tenant to display flag of the United States in certain areas; conditions and limitations on exercise of right
• Nev. Rev. Stat. § 118A.345 – Right of tenant or cotenant to terminate lease due to domestic violence, harassment, sexual assault or stalking
• Nev. Rev. Stat. § 118A.355 – Failure of landlord to maintain dwelling unit in habitable condition
• Nev. Rev. Stat. § 118A.330 – Landlord’s access to dwelling unit
• Nev. Rev. Stat. § 118A.390 – Unlawful removal or exclusion of tenant or willful interruption of essential items or services; procedure for expedited relief
• Nev. Rev. Stat. § 118A.510 – Retaliatory conduct by landlord against tenant prohibited; remedies; exceptions
• Nev. Rev. Stat. § 202.470 – Maintaining or permitting nuisance: Penalty
• Nev. Rev. Stat. § 40.251 – Unlawful detainer: Possession of property leased for indefinite time after notice to surrender; older person or person with a disability entitled to extension of period of possession upon request; federal worker, tribal worker, state worker or household member of such worker may request extension of period of possession
• Nev. Rev. Stat. § 40.2512 – Unlawful detainer: Possession after default in payment of rent; exception
• Nev. Rev. Stat. § 40.2514 – Unlawful detainer: Assignment or subletting contrary to lease; waste; unlawful business; nuisance; violations of controlled substances laws
• Nev. Rev. Stat. § 40.2516 – Unlawful detainer: Possession after failure to perform conditions of lease; saving lease from forfeiture; recovery of possession following unlawful detainer