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.
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 |
Applicable 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 enables smooth communication of any important legal notice. The landlord has an obligation to notify the tenant in the event of a change in contact information. [1]
This contact information is most often written in the lease agreement, for maximum convenience. Alternatively, it can 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). [2]
Applicable to any Nevada lease which charges late fees.
Nevada only enforces late fees which are disclosed and agreed in the lease. [3] Late fees cannot be more than 5% of the overdue balance, and cannot be stacked with any late fees already charged. A late fee can only be calculated off the monthly rent due, without modifications. [4]
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.
Applicable to all Nevada rentals.
Nevada law permits tenants 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 permitted. Landlords must, in the rental agreement, provide notice of the right to display a flag. [5]
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.
Applicable 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. [6]
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.
Applicable 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 enables accurate deductions from the security deposit upon move-out. The checklist must be signed by both the landlord and the tenant, and the tenant must be allowed to retain an original copy. [8]
Applicable to all Nevada rentals.
Nevada landlords must provide notice to tenants about the legal consequences of creating a nuisance on the rental property. [9]
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.
Applicable to any Nevada rentals built before 1978.
For any property built before 1978, federal law requires that a Nevada residential lease must contain a lead-based paint disclosure. This requires landlords to do the following:
The following lease agreement disclosures and addenda are not required by Nevada law in residential lease agreements, but assist with tenant management and help limit landlord liability.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of 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, along with any remediation efforts, to help limit landlord liability. |
| Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable upon lease termination. For Nevada landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
| Shared Utilities Arrangements | Discloses how charges are billed to individual tenants, when multiple rental units share a utility meter for the whole building or property. This ensures tenants receive fair charges and understand what uses contribute to their bill. |
| Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Some Nevada cities, like Las Vegas, have more comprehensive rules than the statewide standard. Always check local laws.
Mandatory disclosures outline important health, safety, and property information for both landlord and tenant safety. 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 disclosure of the landlord and their emergency contact number. [10]
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
…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…
…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. 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. 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…
…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…
…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…
…(j) Respective responsibilities of the landlord and the tenant as to the payment of utility charges…
…(k) A signed record of the inventory and condition of the premises under the exclusive custody and control of the tenant…
…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…
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.
How Long Can a Residential Lease Be in Nevada? Depending on circumstances, in Nevada it’s usually possible to have a lease of any length of time, as long as the length of the lease term is specific and agreed in writing by the landlord and tenant. Oral leases can almost never be for a term of more than one year. Read more » Is a Contract to Lease Binding in Nevada? Yes, a contract to lease is legally binding in Nevada. To be valid, a contract to lease may have to be written, especially for a fixed term over one year. Oral leases may be valid in some cases (especially when both parties later behave as though there’s an enforceable oral lease), but often have strict limitations on enforceability for things like length of the lease term. Read more » Do Lease Agreements Need to Be Notarized in Nevada? No, lease agreements do not need to be notarized in Nevada. A notary helps establish the identity of the people signing the lease, if there’s a claim of fraud, but a notary isn’t necessary for a lease to be valid. However, a person signing a lease as agent for a landlord must either notarize the lease or else provide a valid property management permit upon request. Read more » Can a Lease Automatically Renew in Nevada? Yes, a lease can automatically renew in Nevada. Most rental agreements will automatically renew when the initial tenancy period is over. Past this point, the lease typically becomes a month-to-month rental agreement, with the same basic terms and conditions otherwise as the original lease. In some cases, such as if rent is being paid weekly, the lease may become a week-to-week lease. Read more »
