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- 83rd Session (2025)
Assembly Bill No. 280–Assemblymember Jauregui
CHAPTER..........
AN ACT relating to real property; requiring, under certain
circumstances, a landlord who collects from a prospective
tenant any fee to apply to rent a dwelling unit to return such
fees; prohibiting a landlord from collecting certain
application fees for a minor in the household of a prospective
tenant; requiring any written agreement for the use and
occupancy of a dwelli ng unit or premises to contain separate
appendices relating to fees and tenant rights; making it
unlawful for a landlord or certain other persons to charge a
tenant certain fees; temporarily prohibiting a landlord from
entering into a rental agreement with certain existing tenants
that increases the rent due from the tenant by more than a
certain amount; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law sets forth certain requirements relating to a written re ntal
agreement for the use and occupancy of a dwelling unit or premises, including,
without limitation, that the agreement contain provisions relating to fees which are
required and the purposes for which they are required. (NRS 118A.200) Section 2
of this bill: (1) provides that such a rental agreement also include a separate
appendix that contains a clear and concise explanation of each fee that may be
charged during the term of the rental agreement and the purpose for which the fee
may be charged; (2) re quires such appendix to state with specificity for each fee
that is variable, that the tenant pays the actual cost incurred by the tenant, and, for
each fee that is fixed or provided by a third -party vendor, the tenant pays the
current amount of the fee; a nd (3) makes it unlawful for a landlord or other person
authorized to enter into a rental agreement on his or her behalf to charge a tenant a
fee in an amount or for any purpose that is not set forth in such an appendix.
Section 2 further requires such a r ental agreement to include a separate appendix
that contains a clear and concise explanation of the rights of the tenant pursuant to
federal and state laws and local ordinances.
Section 1 of this bill requires a landlord who collects from a prospective t enant
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 1 further 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 provides that during the period beginning on July 1, 2 025,
and ending on December 31, 2026, a landlord shall not renew the rental agreement
or enter into a new rental agreement for a dwelling unit with the existing tenant that
increases the rent payable by the existing tenant for the dwelling unit in an amoun t
that is more than 5 percent of the rent payable by the existing tenant pursuant to the
rental agreement that is in effect on June 30, 2025. Section 3 further defines
“tenant” to mean a person who is entitled under a rental agreement that exists on
June 30, 2025, between the person and the landlord to occupy a dwelling unit to the
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exclusion of others and: (1) is 62 years of age or older; or (2) relies on payments
received pursuant to the federal Social Security Act.
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 a new section to read as follows:
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 pros pective 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 a background check of the
prospective tenant.
2. A landlord shall not collec t 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. 2. 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
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 and the manner and time of its payment.
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(c) Occupancy by children or pets.
(d) Services included with the dwelling rental.
(e) Fees which are required and the purposes for which they 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.
(o) A separate appendix that contains a clear and concise
explanation of each fee that may be charged during the term of
the rental agreement, including, without limitation, fees required
to be contained in the written rental agreement pursuant to
paragraph (e), and the purpose for which the fee may be charged.
The appendix must state with specificity for each fee that is:
(1) Variable, that the cost to be paid by the tenant is the
actual cost incurred and that no additional fee will be added
unless the fee is for a charge incurred by the tenant, including,
without limitation, a late fee; and
(2) Fixed or provided by a third -party vendor, the current
amount of the fee.
(p) A separate appendix that contains a clear and concise
explanation of the rights of the tenant pursuant to federal and
state laws and local ordinances.
4. In addition to the provisions required by subsection 3, any
written rental agreement 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
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to chapter 645 of NRS must contain a disclosure at the top of the
first page of the 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:
(1) Is notarized or is signed by an authorized agent of the
landlord who at the t ime 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 enforcea ble 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 raises 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. 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. It is unlawful for a landlord or any person authorized to
enter into a rental agreement on his or her behalf to charge a
tenant a fee in an amount or for any purpose that is not set forth
in the appendix to the rental agreement that is required pursuant
to paragraph (o) of subsection 3.
8. 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.
Sec. 3. 1. During the period beginning on July 1, 2025, and
ending on December 31, 2026, a landlord shall not renew the rental
agreement or enter into a new rental agreement for a dwelling unit
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with the existing tenant of the dwelling unit that increases the rent
payable by the existing tenant for the dwelling unit in an amount
that is more than 5 percent of the rent payable by the existing tenant
pursuant to the rental agreement that is in effect on June 30, 2025.
2. As used in this section:
(a) “Landlord” has the meaning ascribed to it in NRS 118A.100.
(b) “Tenant” means a person who is entitled under a rental
agreement that exists on June 30, 2025, between the person and a
landlord to occupy a dwelling unit to the exclusion of others and:
(1) Is 62 years of age or older; or
(2) Relies on payments received pursuant to the federal
Social Security Act, including, without limitation, retirement and
survivors’ benefits, supplemental security income benefits and
disability insurance benefits.
Sec. 4. 1. This section becomes effective upon passage and
approval.
2. Section 3 of this act becomes effective on July 1, 2025.
3. Sections 1 and 2 of this act become effective on October 1,
2025.
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