Nevada Lease Requirements: Written Terms & Banned Clauses

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 justice court.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult a Nevada real estate attorney. Information last verified: March 2026.

When is a Written Lease Required?

Under the Nevada Statute of Frauds, 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.
• The term of the tenancy.
• A description of any required security deposits and any non-refundable fees.
• The respective duties of the landlord and the tenant concerning maintenance and utility payments.

Prohibited Lease Clauses

Nevada law 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.
4. Agrees to the exculpation or limitation of any liability of the landlord arising under law (e.g., waiving the landlord's liability for injuring the tenant through negligence).

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.

Right to Display the United States Flag

Nevada law includes a specific statutory protection allowing tenants to display the flag of the United States on the rented premises. A landlord cannot enforce a lease clause or an HOA rule that totally prohibits 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.

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.

Back to Nevada Overview