Nevada Residential Lease Agreement

Nevada Standard Residential Lease Agreement

A Nevada standard residential lease agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting a residential property in exchange for monthly rent. This type of agreement is typically for a one-year period, though month-to-month arrangements are also common. ^[1]

Nevada landlord-tenant relationships are governed by the Residential Landlord and Tenant Act, codified in Nevada Revised Statutes (NRS) Chapter 118A. This statute establishes the rights, obligations, and remedies available to both parties throughout the tenancy. ^[1]

Legal Definition

Under Nevada law, a "rental agreement" means any oral or written agreement for the use and occupancy of a dwelling unit or premises. A "dwelling unit" is defined as a structure or part of a structure that is occupied as, or designed or intended for occupancy as, a residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. ^[1]

The law requires that any written rental agreement be signed by both the landlord (or their agent) and the tenant (or their agent). The landlord must provide one copy of the signed agreement to the tenant free of charge at the time of execution. ^[2]

Required Disclosures

Nevada law mandates that landlords include specific disclosures and provisions in all written residential lease agreements. Failure to include these required elements may render certain provisions unenforceable. ^[2]

Foreclosure Disclosure

A landlord must disclose in writing to a prospective tenant if the property to be leased is the subject of any foreclosure proceedings. A willful violation of this requirement constitutes a deceptive trade practice under Nevada law (NRS 598.0903 to 598.0999). ^[5]

Move-In/inventory Checklist

Every written rental agreement must contain a signed record of the inventory and condition of the premises under the exclusive custody and control of the tenant. This checklist protects both parties when determining responsibility for damages at move-out. ^[2]

Lead-Based Paint Disclosure (pre-1978 Properties)

Federal law requires landlords of properties built before 1978 to disclose any known lead-based paint or lead-based paint hazards. Landlords must provide tenants with an EPA-approved pamphlet on lead hazard identification and allow 10 days for lead inspection before finalizing the lease. ^[11]

Fees Disclosure

All fees which are required and the purposes for which they are required must be clearly disclosed in the rental agreement. ^[2]

Nuisance/violation Reporting Procedures

The rental agreement must include information regarding the procedure by which a tenant may report to the appropriate authorities: (1) a nuisance, and (2) a violation of a building, safety, or health code or regulation. ^[2]

Manager/owner Contact Information

Landlords must disclose the names and addresses of persons authorized to manage the premises, a person within Nevada authorized to act for service of process, the principal or corporate owner, and an emergency telephone number for someone within the county or within 60 miles. ^[1]

U.s. Flag Display Rights

The rental agreement must include information regarding the tenant's right to display the flag of the United States in areas the tenant has exclusive right to occupy. ^[2]

Security Deposit Laws

Maximum Amount

Nevada law limits the total security deposit (or surety bond, or combination thereof, including last month's rent) to a maximum of three months' periodic rent. ^[4]

Permitted Uses

A security deposit may only be used for:

Remedying any default in rent payment

Repairing damages beyond normal wear caused by the tenant

Cleaning the dwelling unit

Return Requirements

The landlord must return any remaining portion of the security deposit to the tenant no later than 30 days after termination of the tenancy. The landlord must also provide an itemized, written accounting of any deductions. ^[4]

Penalties for Non-Compliance

If the landlord fails or refuses to return the security deposit within 30 days, the landlord is liable for: (a) the entire security deposit amount, and (b) an additional sum fixed by the court of not more than the entire security deposit. ^[4]

Rent Payment Laws

Grace Period

For tenancies longer than week-to-week, no late fee may be charged or imposed until at least 3 calendar days after the date rent is due. This establishes a statutory 3-day grace period. ^[3]

Maximum Late Fee

Late fees must not exceed 5 percent of the amount of the periodic rent. Additionally, the maximum late fee amount cannot be increased based on previously imposed late fees. ^[3]

NSF (bounced Check) Fee

Nevada law permits landlords to charge fees for dishonored checks as specified in the rental agreement. The general statutory limit for returned check fees is $25. ^[2]

Rent Increase Notice

A landlord may not increase rent unless the tenant receives written notice 60 days in advance of the first rental payment to be increased (or 30 days for tenancies of less than 1 month). ^[7]

Landlord Obligations

Habitability Requirements

The landlord must maintain the dwelling unit in a habitable condition at all times during the tenancy. A dwelling unit is not habitable if it substantially lacks: ^[6]

Effective waterproofing and weather protection of roof and exterior walls (including windows and doors)

Plumbing facilities in good working order

Hot and cold running water connected to approved sewage disposal

Adequate heating facilities in good working order

Electrical lighting, outlets, and wiring in good working order

Adequate garbage receptacles and rubbish removal

Clean, sanitary premises free from debris, rodents, insects, and vermin

Floors, walls, ceilings, stairways, and railings in good repair

Ventilating, air-conditioning, and appliances (including elevators) in good repair if provided

Right of Entry

Except in emergencies, the landlord must give the tenant at least 24 hours' notice before entering the dwelling unit. Entry must occur only at reasonable times during normal business hours, unless the tenant consents to shorter notice or non-business hours for a particular entry. ^[8]

The landlord may not abuse the right of access or use it to harass the tenant. ^[8]

Tenant Obligations

Nevada law imposes the following basic obligations on tenants: ^[1]

Comply with all terms of the rental agreement

Keep occupied areas as clean and safe as conditions permit

Dispose of garbage and rubbish in a clean and safe manner

Keep plumbing fixtures as clean as their condition permits

Use electrical, plumbing, heating, ventilating, AC, and appliances reasonably

Not deliberately or negligently damage, deface, or impair the premises

Conduct themselves in a manner that does not disturb neighbors' peaceful enjoyment

Eviction Notice Requirements

Nevada law establishes specific notice periods before a landlord may begin eviction proceedings: ^[14]

Nonpayment of Rent

7-Day Notice to Pay Rent or Quit: If the tenant fails to pay rent, the landlord must provide a 7-day notice. The tenant may cure by paying rent within this period. ^[14]

Curable Lease Violations

5-Day Notice to Cure or Quit: For lease violations that can be remedied, the landlord must give 5 days' notice. The tenant may correct the issue within this period.

Serious (non-Curable) Violations

3-Day Unconditional Quit Notice: For nuisance, waste, improper subletting, unlawful business, or illegal drug activity, the landlord may issue a 3-day notice with no opportunity to cure.

No-Cause Termination (month-To-Month)

30-Day Notice for monthly tenancies; 7-Day Notice for weekly tenancies. No cause need be stated for month-to-month lease terminations.

Special Tenant Protections

Domestic Violence Lease Termination

Nevada law provides special protections for tenants who are victims of domestic violence, harassment, sexual assault, or stalking. Such tenants may terminate the lease by providing written notice effective at the end of the current rental period or 30 days after notice is provided, whichever is sooner. ^[9]

Required documentation includes:

A copy of a protection order, OR

A written report from law enforcement, OR

An affidavit signed by a qualified third party

Disability or Death Lease Termination

Tenants who are 60 years of age or older, or who have a physical or mental disability requiring relocation for care that cannot be provided in the dwelling, may terminate the lease with 30 days' written notice. Upon death of a spouse or cotenant, the surviving tenant may terminate with 60 days' notice within 3 months of the death. ^[1]

Retaliation Prohibited

A landlord may not retaliate against a tenant for exercising legal rights by increasing rent, decreasing services, threatening or commencing eviction, or refusing to renew a lease. Retaliatory actions within 6 months of a protected activity are presumed retaliatory. ^[10]

Tenant Remedies for Landlord Violations

Failure to Maintain Habitability

If the landlord fails to maintain the dwelling in habitable condition, the tenant may: (a) terminate the lease after 14 days' notice if the landlord fails to remedy; (b) recover actual damages; (c) apply to court for appropriate relief; or (d) withhold rent until the landlord remedies the condition (rent must be deposited in court escrow). ^[6]

Failure to Supply Essential Services

If the landlord willfully or negligently fails to supply heat, AC, running water, hot water, electricity, gas, or functioning door locks, making premises unfit for habitation, the tenant may (after 48-hour written notice): procure these services and deduct from rent; recover actual damages; withhold rent; or procure substitute housing with rent abatement.

Unlawful Lockout or Utility Shutoff

If a landlord unlawfully removes the tenant, blocks entry, or interrupts essential services, the tenant may recover immediate possession, terminate the lease, and recover actual damages plus up to $2,500 as determined by the court. ^[1]