A.B. 280
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ASSEMBLY BILL NO. 280–ASSEMBLYMEMBER JAUREGUI
FEBRUARY 24, 2025
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Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to housing.
(BDR 10-337)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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 dwelling 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 rental 1
agreement for the use and occupancy of a dwelling unit or premises, including, 2
without limitation, that the agreement contain provisions relating to fees which are 3
required and the purposes for which they are required. (NRS 118A.200) Section 2 4
of this bill: (1) provides that such a rental agreement also include a separate 5
appendix that contains a clear and concise explanation of each fee that may be 6
charged during the term of the rental agreement and the purpose for which the fee 7
may be charged; (2) requires such appendix to state with specificity for each fee 8
that is variable, that the tenant pays the actual cost incurred by the tenant, and, for 9
each fee that is fixed or provided by a third-party vendor, the tenant pays the 10
current amount of the fee; and (3) makes it unlawful for a landlord or other person 11
authorized to enter into a rental agreement on his or her behalf to charge a tenant a 12
fee in an amount or for any purpose that is not set forth in such an appendix. 13
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Section 2 further requires such a rental agreement to include a separate appendix 14
that contains a clear and concise explanation of the rights of the tenant pursuant to 15
federal and state laws and local ordinances. 16
Section 1 of this bill requires a landlord who collects from a prospective tenant 17
any fee to apply to rent a dwelling unit to refund the fee if the landlord: (1) rents the 18
dwelling unit to a different prospective tenant; and (2) does not conduct the activity 19
for which the fee was collected. 20
Section 1 further prohibits a landlord from collecting an application fee, a fee 21
to obtain a credit report or a fee to obtain a background check for a minor who is a 22
member of the household of the prospective tenant. 23
Section 3 of this bill provides that during the period beginning on July 1, 2025, 24
and ending on December 31, 2026, a landlord shall not renew the rental agreement 25
or enter into a new rental agreement for a dwelling unit with the existing tenant that 26
increases the rent payable by the existing tenant for the dwelling unit in an amount 27
that is more than 10 percent of the rent payable by the existing tenant pursuant to 28
the rental agreement that is in effect on June 30, 2025. Section 3 further defines 29
“tenant” to mean a person who is entitled under a rental agreement that exists on 30
June 30, 2025, between the person and the landlord to occupy a dwelling unit to the 31
exclusion of others and: (1) is 62 years of age or older; or (2) relies on payments 32
received pursuant to the federal Social Security Act. 33
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 1
adding thereto a new section to read as follows: 2
1. A landlord who collects from a prospective tenant any fee 3
to apply to rent a dwelling unit, including, without limitation, an 4
application fee, a fee to obtain a credit report or a fee to obtain a 5
background check, shall refund the fee to the prospective tenant if 6
the landlord: 7
(a) Rents the dwelling unit to a different prospective tenant; 8
and 9
(b) Does not conduct the activity for which the fee was 10
collected, including, without limitation, processing the application 11
or obtaining a credit report or a background check of the 12
prospective tenant. 13
2. A landlord shall not collect an application fee, a fee to 14
obtain a credit report or a fee to obtain a background check for a 15
minor who is a member of the household of the prospective tenant. 16
3. As used in this section: 17
(a) “Household” means an association of persons who live in 18
the same home or dwelling and who are related by blood, 19
adoption, marriage or domestic partnership. 20
(b) “Minor” means a person who is under 18 years of age. 21
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Sec. 2. NRS 118A.200 is hereby amended to read as follows: 1
118A.200 1. Any written agreement for the use and 2
occupancy of a dwelling unit or premises must be signed by the 3
landlord or his or her agent and the tenant or his or her agent. 4
2. The landlord shall provide one copy of any written 5
agreement described in subsection 1 to the tenant free of cost at the 6
time the agreement is executed and, upon request of the tenant, 7
provide additional copies of any such agreement to the tenant within 8
a reasonable time. The landlord may charge a reasonable fee for 9
providing the additional copies. 10
3. Any written rental agreement must contain, but is not limited 11
to, provisions relating to the following subjects: 12
(a) Duration of the agreement. 13
(b) Amount of rent and the manner and time of its payment. 14
(c) Occupancy by children or pets. 15
(d) Services included with the dwelling rental. 16
(e) Fees which are required and the purposes for which they are 17
required. 18
(f) Deposits which are required and the conditions for their 19
refund. 20
(g) Charges which may be required for late or partial payment of 21
rent or for return of any dishonored check. 22
(h) Inspection rights of the landlord. 23
(i) A listing of persons or numbers of persons who are to occupy 24
the dwelling. 25
(j) Respective responsibilities of the landlord and the tenant as 26
to the payment of utility charges. 27
(k) A signed record of the inventory and condition of the 28
premises under the exclusive custody and control of the tenant. 29
(l) A summary of the provisions of NRS 202.470. 30
(m) Information regarding the procedure pursuant to which a 31
tenant may report to the appropriate authorities: 32
(1) A nuisance. 33
(2) A violation of a building, safety or health code or 34
regulation. 35
(n) Information regarding the right of the tenant to engage in the 36
display of the flag of the United States, as set forth in 37
NRS 118A.325. 38
(o) A separate appendix that contains a clear and concise 39
explanation of each fee that may be charged during the term of 40
the rental agreement, including, without limitation, fees required 41
to be contained in the written rental agreement pursuant to 42
paragraph (e), and the purpose for which the fee may be charged. 43
The appendix must state with specificity for each fee that is: 44
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(1) Variable, that the cost to be paid by the tenant is the 1
actual cost incurred and that no additional fee will be added 2
unless the fee is for a charge incurred by the tenant, including, 3
without limitation, a late fee; and 4
(2) Fixed or provided by a third-party vendor, the current 5
amount of the fee. 6
(p) A separate appendix that contains a clear and concise 7
explanation of the rights of the tenant pursuant to federal and 8
state laws and local ordinances. 9
4. In addition to the provisions required by subsection 3, any 10
written rental agreement for a single-family residence which is not 11
signed by an authorized agent of the landlord who at the time of 12
signing holds a permit to engage in property management pursuant 13
to chapter 645 of NRS must contain a disclosure at the top of the 14
first page of the agreement, in a font size at least two times larger 15
than any other font size in the agreement, which states that: 16
(a) There are rebuttable presumptions in NRS 205.0813 and 17
205.0817 that the tenant does not have lawful occupancy of the 18
dwelling unless the agreement: 19
(1) Is notarized or is signed by an authorized agent of the 20
landlord who at the time of signing holds a permit to engage in 21
property management pursuant to chapter 645 of NRS; and 22
(2) Includes the current address and telephone number of the 23
landlord or his or her authorized representative; and 24
(b) The agreement is valid and enforceable against the landlord 25
and the tenant regardless of whether the agreement: 26
(1) Is notarized or is signed by an authorized agent of the 27
landlord who at the time of signing holds a permit to engage in 28
property management pursuant to chapter 645 of NRS; or 29
(2) Includes the current address and telephone number of the 30
landlord or his or her authorized representative. 31
5. The absence of a written agreement raises a disputable 32
presumption that: 33
(a) There are no restrictions on occupancy by children or pets. 34
(b) Maintenance and waste removal services are provided 35
without charge to the tenant. 36
(c) No charges for partial or late payments of rent or for 37
dishonored checks are paid by the tenant. 38
(d) Other than normal wear, the premises will be returned in the 39
same condition as when the tenancy began. 40
6. It is unlawful for a landlord or any person authorized to 41
enter into a rental agreement on his or her behalf to use any written 42
agreement which does not conform to the provisions of this section, 43
and any provision in an agreement which contravenes the provisions 44
of this section is void. 45
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7. It is unlawful for a landlord or any person authorized to 1
enter into a rental agreement on his or her behalf to charge a 2
tenant a fee in an amount or for any purpose that is not set forth 3
in the appendix to the rental agreement that is required pursuant 4
to paragraph (o) of subsection 3. 5
8. As used in this section, “single-family residence” means a 6
structure that is comprised of not more than four units. The term 7
does not include a manufactured home as defined in NRS 118B.015. 8
Sec. 3. 1. During the period beginning on July 1, 2025, and 9
ending on December 31, 2026, a landlord shall not renew the rental 10
agreement or enter into a new rental agreement for a dwelling unit 11
with the existing tenant of the dwelling unit that increases the rent 12
payable by the existing tenant for the dwelling unit in an amount 13
that is more than 10 percent of the rent payable by the existing 14
tenant pursuant to the rental agreement that is in effect on June 30, 15
2025. 16
2. As used in this section: 17
(a) “Landlord” has the meaning ascribed to it in NRS 118A.100. 18
(b) “Tenant” means a person who is entitled under a rental 19
agreement that exists on June 30, 2025, between the person and a 20
landlord to occupy a dwelling unit to the exclusion of others and: 21
(1) Is 62 years of age or older; or 22
(2) Relies on payments received pursuant to the federal 23
Social Security Act, including, without limitation, retirement and 24
survivors’ benefits, supplemental security income benefits and 25
disability insurance benefits. 26
Sec. 4. 1. This section becomes effective upon passage and 27
approval. 28
2. Section 3 of this act becomes effective on July 1, 2025. 29
3. Sections 1 and 2 of this act become effective on October 1, 30
2025. 31
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