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- 83rd Session (2025)
Assembly Bill No. 121–Assemblymember Considine
CHAPTER..........
AN ACT relating to real property; requiring a landlord or his or her
agent to provide a tenant at least one method of paying rent
or any other fee or charge that meets certain requirements;
prohibiting a landlord or his or her agent from charging a
tenant a fee to make a payment through an Internet website or
online portal that exceeds the amount of any fee charged by
the operator of the Internet website or online portal for the
use of the website or portal; requiring a written rental
agreement to separately identify any such fee under certain
circumstances; authorizing a tenant to bring a civil action
against a landlord who has committed certain violations;
requiring a landlord or his or her agent to provide, upon
request, a copy of a written rental agreement to a prospective
tenant; requiring a landlord to refund certain fees collected
from a prospective tenant under certain circumstances;
prohibiting a landlord from collecting certain application
fees; requiring certain references to the amount of rent due
under a rental agr eement to be set forth in a certain manner;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law sets forth certain requirements relating to a written rental
agreement and requires any written agreement for the use and occupancy of a
dwelling unit or premises to contain provisions relating to the amount of rent due
and the manner and time of its payment. (NRS 118A.200) Section 5 of this bill
requires that, in each place where a landlord lists the amount of rent due under a
rental agreement and in any reference to the amount of rent due in a written rental
agreement, the rent must be set forth as a single figure representing the maximum
total amount of periodic rent that includes the amount of any mandatory fees to be
charged to the tenant in addition to the base rent. Section 5 prohibits a landlord
from charging a tenant an amount of periodic rent that exceeds the maximum total
amount of rent due under the written rental agreement, as set forth in the manner
required by section 5. Section 5 also authorizes a landlord, under certain
circumstances, to charge a monthly fee in an amount which is equal to the cost for
the electric, natural gas or water service provided in the individual dwelling unit of
the tenant that is not included in the single figure representing the maximum total
amount of periodic rent due, subject to certain requirements. Section 4 of this bill
requires a landlord or his or her agent, upon request, to provide a prospective tenant
with a copy of t he written rental agreement, if any, to which the prospective tenant
would be subject if he or she were to become a tenant.
Section 2 of this bill requires a landlord or his or her agent to provide a tenant
at least one method of paying rent or any other fee or charge which does not require
the tenant to: (1) pay any fee or charge for using the method; or (2) provide
information concerning a bank account of the tenant. Section 2 also prohibits a
landlord or his or her agent who allows a tenant to pay rent or any other fee or
charge through an Internet website or online portal from charging the tenant a fee to
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make a payment through the Internet website or online portal in an amount that
exceeds the amount of any fee charged by the operator of the Internet w ebsite or
online portal for the use of the Internet website or online portal. Section 2 requires
the amount of any fee to be charged to the tenant by the landlord or his or her agent
for the use of an Internet website or online portal to make a payment to be
separately identified in any written rental agreement.
Section 4.5 of this bill requires a landlord who collects from a prospective
tenant any fee to apply to rent a dwelling unit to refund the fee if the landlord: (1)
rents the dwelling unit to a different prospective tenant ; and (2) does not conduct
the activity for which the fee was collected. Section 4.5 also prohibits a landlord
from collecting an application fee, a fee to obtain a credit report or a fee to obtain a
background check for a minor who is a member of the household of the prospective
tenant.
Section 3 of this bill autho rizes a tenant who is aggrieved by a violation of the
requirements of section 5 concerning the manner in which rent must be listed or
referenced in a written rental agreement or the prohibition set forth in section 5 on
charging a tenant an amount of perio dic rent that exceeds the amount of rent due
under a written rental agreement to bring a civil action for such a violation. Section
3 requires a court to award certain relief to a tenant who prevails in such an action.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118A of NRS is hereby amended by
adding thereto the provisions set forth as sections 2 to 4.5, inclusive,
of this act.
Sec. 2. 1. A landlord or his or her agent shall provide a
tenant at least one method of paying rent or any other fee or
charge which does not require the tenant to:
(a) Pay any fee or charge for using the method; or
(b) Provide information concerning a bank account of the
tenant. The provi sions of this paragraph do not prohibit any
payment which is made by a check that contains such information.
2. If a landlord or his or her agent allows a tenant to pay rent
or any other fee or charge through an Internet website or online
portal:
(a) The landlord or his or her agent shall not charge the
tenant a fee to make a payment through the Internet website or
online portal in an amount that exceeds the amount of any fee
charged by the operator of the Internet website or online portal for
the use of the Internet website or online portal; and
(b) The amount of any fee charged to the tenant by the
landlord or his or her agent for the use of the Internet website or
online portal must be separately identified in any written rental
agreement.
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Sec. 3. 1. A tenant who is aggrieved by a violation of
subsection 6 or 7 of NRS 118A.200 may bring a civil action in any
court of competent jurisdiction for such a violation.
2. If a tenant prevails in an action brought pursuant to
subsection 1, the court shall award the tenant:
(a) Any damages the tenant has sustained that the court deems
appropriate;
(b) Any equitable relief that the court deems appropriate;
(c) The tenant’s costs in the action and reasonable attorney’s
fees; and
(d) Statutory damages of $250 for each violation which
involved deception.
Sec. 4. A landlord or his or her agent shall, upon request,
provide to a prospective tenant a copy of the written rental
agreement, if any, to which the prospective tenant would be
subject if he or she were to become a tenant.
Sec. 4.5. 1. A landlord who collects from a prospective
tenant any fee to apply to rent a dwelling unit, including, without
limitation, an application fee, a fee to obtain a credit report or a
fee to obtain a background check, shall refund the fee to the
prospective tenant if the landlord:
(a) Rents the dwelling unit to a different prospective tenant ;
and
(b) Does not conduct the activity for which the fee was
collected, including, without limitation, processing the application
or obtaining a credit report or background check of the
prospective tenant.
2. A landlord shall not collect an application fee , a fee to
obtain a credit report or a fee to obtain a background check for a
minor who is a member of the household of the prospective tenant.
3. As used in this section:
(a) “Household” means an association of persons who live in
the same home or dwelling and who are related by blood,
adoption, marriage or domestic partnership.
(b) “Minor” means a person who is under 18 years of age.
Sec. 5. NRS 118A.200 is hereby amended to read as follows:
118A.200 1. Any written agreement for the use and
occupancy of a dwelling unit or premises must be signed by the
landlord or his or her agent and the tenant or his or her agent.
2. The landlord shall provide one copy of any written
agreement described in subsection 1 to the tenant free of cost at the
time the agreement is executed and, upon request of the tenant,
provide additional copies of any such agreement to the tenant within
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a reasonable time. The landlord may charge a reasonable fee for
providing the additional copies.
3. Any written rental agreement must contain, but is not limited
to, provisions relating to the following subjects:
(a) Duration of the agreement.
(b) Amount of rent , set forth in the manner required by
subsection 6, and the manner and time of its payment.
(c) Occupancy by children or pets.
(d) Services included with the dwelling rental.
(e) Fees which are required and the purposes for which th ey are
required.
(f) Deposits which are required and the conditions for their
refund.
(g) Charges which may be required for late or partial payment of
rent or for return of any dishonored check.
(h) Inspection rights of the landlord.
(i) A listing of persons or numbers of persons who are to occupy
the dwelling.
(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.
(l) A summary of the provisions of NRS 202.470.
(m) Information regarding the procedure pursuant to which a
tenant may report to the appropriate authorities:
(1) A nuisance.
(2) A violation of a building, safety or health code or
regulation.
(n) Information regarding the right of the tenant to engage in the
display of the flag of the United States, as set forth in
NRS 118A.325.
4. In addition to the provisions required by subsection 3, any
written rental agreemen t for a single -family residence which is not
signed by an authorized agent of the landlord who at the time of
signing holds a permit to engage in property management pursuant
to chapter 645 of NRS must contain a disclosure at the top of the
first page of t he agreement, in a font size at least two times larger
than any other font size in the agreement, which states that:
(a) There are rebuttable presumptions in NRS 205.0813 and
205.0817 that the tenant does not have lawful occupancy of the
dwelling unless the agreement:
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(1) Is notarized or is signed by an authorized agent of the
landlord who at the time of signing holds a permit to engage in
property management pursuant to chapter 645 of NRS; and
(2) Includes the current address and telephone number of the
landlord or his or her authorized representative; and
(b) The agreement is valid and enforceable against the landlord
and the tenant regardless of whether the agreement:
(1) Is notarized or is signed by an authorized agent of the
landlord who at the time of signing holds a permit to engage in
property management pursuant to chapter 645 of NRS; or
(2) Includes the current address and telephone number of the
landlord or his or her authorized representative.
5. The absence of a written agreement rai ses a disputable
presumption that:
(a) There are no restrictions on occupancy by children or pets.
(b) Maintenance and waste removal services are provided
without charge to the tenant.
(c) No charges for partial or late payments of rent or for
dishonored checks are paid by the tenant.
(d) Other than normal wear, the premises will be returned in the
same condition as when the tenancy began.
6. Except as otherwise provided in subsection 8, in each place
where a landlord lists the amount of rent due under a rental
agreement and in any reference in a written rental agreement to
the amount of rent due under the agreement, the rent must be set
forth as a single figure representing the maximum total amount of
periodic rent that includes the amount of any mandatory fees to be
charged to the tenant in addition to the base rent.
7. Except as otherwise provided in subsection 8, a landlord
shall not charge a tenant an amount of periodic rent that exceed s
the maximum total amount of rent due under a written rental
agreement, as set forth in the manner required by subsection 6.
8. A landlord may charge a tenant a monthly fee in an
amount which is equal to the cost for the electric, natural gas or
water service provided in the individual dwelling unit of the tenant
that is not included in the single figure representing the maximum
total amount of periodic rent due required by subsection 6 if:
(a) The applicable public utility is unable to contract directl y
with the tenant for the electric, natural gas or water service, as
applicable, provided in the individual dwelling unit of the tenant
and, in the written rental agreement, the single figure includes an
asterisk or other reference symbol which:
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(1) Is n ot less than one -half the font size of the single
figure; and
(2) Corresponds to a statement on the same page of the
written rental agreement as the single figure that:
(I) Informs the tenant that the applicable public utility is
unable to contract with the tenant directly for the electric, natural
gas or water service, as applicable, provided in the individual
dwelling unit of the tenant;
(II) Contains the name and telephone number of each
applicable public utility that is unable to contract direct ly with the
tenant for the electric, natural gas or water service provided in the
individual dwelling unit of the tenant; and
(III) Notifies the tenant that the monthly bill from the
applicable public utility for the electric, natural gas or water
service provided in the individual dwelling unit of the tenant will
be charged to the tenant as a monthly fee in an amount which is
equal to the cost of the monthly bill separate from the single
figure; or
(b) For a monthly fee in an amount which is equal to t he cost
for the water service provided in the individual dwelling unit of the
tenant, the dwelling unit is subject to a master -metered water
system and, in the written rental agreement, the single figure
includes an asterisk or other reference symbol which:
(1) Is not less than one -half the font size of the single
figure; and
(2) Corresponds to a statement on the same page of the
written rental agreement as the single figure that:
(I) Informs the tenant that the dwelling unit is subject to
a master-metered water system; and
(II) Notifies the tenant that a fee for water service will
be charged to the tenant as a monthly fee in an amount which is
equal to the cost for the water service provided in the individual
dwelling unit of the tenant separate from the single figure.
9. It is unlawful for a landlord or any person authorized to
enter into a rental agreement on his or her behalf to use any written
agreement which does not conform to the provisions of this section,
and any provision in an agreement which contravenes the provisions
of this section is void.
[7.] 10. As used in this section, “single -family residence”
means a structure that is comprised of not more than four units. The
term does not include a manufactured home as defined in
NRS 118B.015.
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