AB 121 — Revises provisions governing landlords and tenants. (BDR 10-166)

(ReprintedAssembly withBill amendmentsNo. adopted on April 21, 2025) FIRST REPRINT A.B.

121121–Assemblymember AConsidine SSEMBLYCHAPTER.......... B ILLN O .

121–ASSEMBLYMEMBER C ONSIDINE PREFILED JANUARY 27, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing landlords and tenants.

(BDR 10-166) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law sets forth certain requirements relating to a written rental agreement and requires any written agreement for the use and occupancy of aala 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 - *AB121_R1* – 2 – 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 fixed, 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 Sectionunder 4the ofwritten thisrental billagreement, requiresas set forth in the manner circumstances, to charge a landlordmonthly orfee hisin an amount which is equal to the cost for the electric, natural gas or herwater agent,service uponprovided request,in toonthe 5.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 the written rental agreement, if any, to which the prospective tenant wouldwoulSection be2 subjectof ifthis hebill requires a landlord or shehis wereor her agent to becomeprovide a tenant.tenant at least one method of paying rent or any other fee or charge which does not require the tenant to:

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:

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 - 83rd Session (2025) – 2 – 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.

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 her agent 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:

and (2) does not conduct thefrom activitycollecting an application fee, a fee to obtain a credit report or a fee to obtain a background check for whicha minor who is a member of the feehousehold wasof collected.the prospective tenant.

Section 4.53 alsoof prohibitsthis abill landlordauthorizes froma collectingtenant anwho applicationis fee,aggrieved by a feeviolation toof obtainthe arequirements creditof reportsection or5 aconcerning feethe tomanner obtainin awhich backgroundrent checkmust forbe alisted minoror whocharging is a membertenant an amount of periodic rent that exceeds the householdamount of therent prospectivedue tenant.5 on under a written rental agreement to bring a civil action for such a violation.

requirementsSection ofrequires section 5 concerning the manner in which rent must be listed orf the referenced in a writtencourt rentalto agreementaward orcertain therelief prohibitionto set forth in section 5 on charging a tenant anwho amountprevails ofin periodic rent that exceeds the amount of rent due under a written rental agreement to bring a civil action for such aan violation.action.

SectionEXPLANATION 3– requiresMatter a court to award certain relief to a tenant who prevails in suchbolded anitalics action.is new;

matter between brackets [omitted material] is material to be omitted.

The provisions of this paragraph do not prohibit any payment which is made by a check that contains such information.

- *AB121_R1* – 3 – (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;

- 83rd Session (2025) – 3 – Sec.

If a tenant prevails in an action brought pursuant to subsectionsub(a) 1,Any damages the courttenant shallhas awardsustained that the tenant:court deems appropriate;

(a) Any damages the tenant has sustained that the court deems appropriate;

2.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.

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.

- *AB121_R1* – 4 – Sec.

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 - 83rd Session (2025) – 4 – providing the additional copies.may charge a reasonable time.fee for 3.

The landlord may charge a reasonable fee for providing the additional copies.

3.

(i) A listing of persons or numbers of persons who are to occupy the(j) Respective responsibilities of the dwelling.landlord and the tenant as to the payment of utility charges.

(j) Respective responsibilities of the landlord and the tenant as to the payment of utility charges.

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 to chapter 645 of NRS must contain a disclosure at the top of the - *AB121_R1* – 5 – 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:

(1)- Is83rd notarizedSession or(2025) is– signed5 by– an authorized agent of the landlord who at the time of signing holds a permit to engage ininthe property management pursuant to chapter 645 of NRS;

(c)dishonored Nochecks chargesare forpaid partialby orthe latetenant.ments payments of rent or for dishonored(d) checksOther arethan paidnormal bywear, the tenant.premises will be returned in the same condition as when the tenancy began.

(d) Other than normal wear, the premises will be returned in the same condition as when the tenancy began.