Nevada Lease Agreement

Required Landlord Disclosures (7)

In addition to the standard language found in most lease agreements and the added language required by Nevada state law, landlords must also disclose some aspects of their properties.

The state of Nevada mandates the following disclosures:

1. Lead Paint: For any units built before 1978, landlords must disclose any known information on lead-based paint or lead-based paint hazards in the unit. Federal law mandates this acknowledgment. It’s the only federally required rental property disclosure.

2. Foreclosures: Nevada law mandates that landlords inform tenants if the property to be rented is subject to foreclosure proceedings (NRS § 118A.275).

3. Public Nuisance: All Nevada lease agreements must include language that describes the penalties for creating or allowing a public nuisance on the property. Tenants could be responsible for a nuisance on their rental property, even if they are not the cause (NRS § 118A.200(3)(l)).

4. American Flag: Nevada landlords are legally required to permit tenants to display an American flag for personal use on a pole, staff, or in a window (NRS § 118A.200(3)(n)).

5. Late Fees: If the landlord intends to charge late fees on late rent payments, additional language must be included in the lease. Late fees can be up to 5% of the overdue balance and cannot be combined with previously charged late fees (NRS § 118A.200(3)(e-f)).

6. Landlord Contact Info: Nevada leases must disclose the name and address of the landlord or person responsible for managing the property (NRS § 118A.260).

7. Move-In Checklist: Nevada landlords must provide tenants with a move-in checklist explaining the property’s existing damage or features. Landlords and tenants must sign the checklist at move-in (NRS § 118A.200(3)(k)).

Security Deposit Regulations

Maximum Security Deposit Amount: Nevada landlords can require up to 3 months’ rent as the maximum security deposit accepted (NRS § 118A.242(1-2)).

Receipt of Deposit: Landlords in Nevada must provide tenants with a signed receipt for the security deposit upon request (NRS § 118A.250).

Deduction Tracking: Landlords are allowed to withhold funds from the security deposit for unpaid rent or to make repairs for damage caused by the tenant other than normal wear and tear. When they return the remaining funds, they must provide an itemized receipt of the withholdings (NRS § 118A.242(4)).

Returning a Tenant’s Security Deposit: Security deposits must be returned to tenants within 30 days of move-out (NRS § 118A.242(4)).

Landlord’s Access to Property

Advance Notice: Landlords must give the tenant at least 24 hours’ notice before entering the rental property. Entry must be within normal business hours unless the tenant expressly consents to another arrangement (NRS § 118A.330(3)).

Immediate Access: Nevada landlords may enter a property without consent or presence of a tenant in emergencies (NRS § 118A.330(2-3)).

Landlord Harassment: Repeatedly entering the tenant’s unit without consent or proper notice can be considered landlord harassment. Tenants may be able to get a court order to prevent the landlord from continuing to enter the property, recover the cost of any damages through a lawsuit, or potentially cancel the rental agreement (NRS § 118A.500).

Rent Payment Laws

Grace Period: Nevada law imposes a three-day minimum grace period to all rent payment due dates (NRS § 118A(4a)).

Late Rent Fees: The maximum late fee is 5% of the monthly rent, and it must be explicitly written in the rental agreement (NRS § 118A.210(4)).

Tenant’s Right to Withhold Rent: Tenants may withhold rent if the landlord fails to maintain the unit in a habitable condition and the landlord does not remedy the situation within 14 days of receiving notice of the violation. Tenants may also withhold rent if the landlord has received notice of a condition from a governmental agency and does not remedy the problem within a reasonable timeframe (NRS § 118A.355).

Breach of Rental Agreement

Missed Rent Payment: If a tenant hasn’t paid rent after the 3-day grace period, Nevada landlords can send a notice giving them 4 days to pay or quit on any lease term longer than 45 days (NRS § 40.253(b)).

Lease Violation: Tenants are granted a 5-day notice to cure or quit a lease violation for anything other than late rent payments or illegal activity (NRS § 40.2516).

Self-Help Evictions: Self-help evictions are illegal in Nevada and should never be attempted. Landlords who wish to explore eviction against a tenant should always follow the legal eviction process.

Lease Abandonment: If a Nevada landlord believes that a tenant has abandoned a property, they must deliver a written notice of that belief to the tenant. If they haven’t responded within 5 days, the lease agreement can be terminated, and the tenant could be responsible for missed rent payments or other civil penalties (NRS § 118.195).

Ending a Lease

Month-to-Month: Month-to-month leases can be terminated by the landlord or tenant with 30 days’ written notice. (NRS § 40.251)

Fixed-Term: There are a few instances where tenants can legally break a lease without penalty in Nevada, including landlord retaliation or harassment, uninhabitable living conditions, domestic or sexual violence, or entering into active military duty.

Property Abandonment: Landlords should provide safe storage of personal property for 30 days after the property has been abandoned and can dispose of the property after that without penalty. (NRS § 118A.460)

Renewing a Lease

Required Renewals: Landlords are not required to renew a lease when it ends in Nevada.

Required Notice: For month-to-month or yearly leases, landlords must provide tenants with at least 30 days’ written notice of their intent not to renew the lease. (NRS § 40.251)

Rent Control & Stabilization

Nevada does not have statewide rent control legislation, but tenants must be given at least 30 days’ notice of any intent to raise the rent.