Nevada Lease Requirements: Written Terms & Banned Clauses

Governed by the Nevada Residential Landlord and Tenant Act (NRS 118A) since its enactment on July 1, 1977, a well-crafted lease is the strongest legal shield a Nevada landlord has. While oral agreements are recognized for short-term tenancies, relying on an oral lease is a major liability in Nevada Justice Court.

When is a Written Lease Required?

Under the Nevada Statute of Frauds (NRS 111.210), any lease agreement lasting longer than one year must be in writing and signed by the landlord (or their agent) and the tenant to be legally enforceable. However, best practice dictates that every tenancy, even a month-to-month arrangement, should be governed by a written lease.

Mandatory Provisions Under NRS 118A.200

Every written rental agreement in Nevada must include:

• The terms regarding the payment of rent and the term of the tenancy.
• A description of the premises and any services provided.
• A description of any required security deposits and non-refundable fees (NRS 118A.242).
• The respective duties of the landlord and the tenant concerning maintenance and utility payments.
• A summary of the provisions of NRS 202.470 (nuisance).
• Religious and Cultural Displays: Information regarding the right of the tenant to engage in the display of religious or cultural items on the door or door frame of the dwelling, as set forth in NRS 118A.327 (NRS 118A.200(3)(o)).
• Utility Billing Disclosures (AB 121/2025): If a utility company is unable to contract directly with the tenant, the lease must disclose the reason and ensure the landlord does not charge more than the actual cost of the utility.
• Late Fee Limitations: While the lease must describe late charges, they are legally capped at 5% of the periodic rent and cannot be imposed until at least 3 calendar days after the rent is due (NRS 118A.210(4)).

Prohibited Lease Clauses

Nevada law (NRS 118A.220) explicitly prohibits certain terms from being included in a residential lease. A landlord cannot include any provision where the tenant:

1. Agrees to waive or forego rights or remedies afforded by Nevada's landlord-tenant statutes.
2. Authorizes any person to confess judgment on a claim arising out of the rental agreement.
3. Agrees to pay the landlord's attorney's fees, except as awarded by a court to the prevailing party.
4. Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability (e.g., waiving the landlord's liability for injuring the tenant through negligence).
5. Notice Disparity: Agrees to give the landlord a different notice of termination than that required to be given by the landlord to the tenant (NRS 118A.220(1)(e)).

If a lease contains a prohibited clause, that specific clause is void and unenforceable. If a landlord attempts to enforce a known prohibited provision, the tenant can sue for actual damages under NRS 118A.220(2).

Required Disclosures

In addition to the lease terms, Nevada landlords must provide specific disclosures:

• Foreclosure Status: Landlords must disclose in writing to prospective tenants if the property is the subject of any foreclosure proceedings (NRS 118A.275).

Right to Display Flags and Religious Items

Nevada law provides specific statutory protections for tenant displays:

• United States Flag: Under NRS 118A.325, a landlord cannot totally prohibit the display of the US flag, provided it is displayed in a manner consistent with the federal Flag Code and is of a reasonable size.
• Religious and Cultural Items: Under NRS 118A.327, tenants have the right to display religious or cultural items on the door or door frame of their dwelling unit, subject to reasonable size and safety restrictions.

Protect Your Portfolio with Verified Leases

Drafting your own lease can inadvertently land you in violation of NRS 118A's prohibited clauses. Landager offers state-specific, attorney-reviewed lease templates for Nevada that ensure every security deposit clause, late fee, and maintenance expectation complies perfectly with state law.

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How Landager Helps

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