AB218A - Revises provisions governing landlords and tenants. (BDR 10-136)

(Reprinted with amendments adopted on May 25, 2023) SECOND REPRINT A.B. 218 - *AB218_R2* ASSEMBLY BILL NO. 218–ASSEMBLYWOMAN CONSIDINE FEBRUARY 23, 2023 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing landlords and tenants. (BDR 10-136) FISCAL NOTE: Effect on Local Government: Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. 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; authorizing a tenant to bring a civil action against a landlord who has committed certain violations; prohibiting a landlord 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 such service; requiring a written rental agreement to separately identify such a fee under certain circumstances; requiring a landlord or his or her agent to provide, upon request, a copy of a written rental agreement to a prospective tenant; requiring certain references to the amount of rent due under a rental agreement 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 1 agreement. Existing law requires any written agreement for the use and occupancy 2 of a dwelling unit or premises to contain provisions relating to the amount of rent 3 due and the manner and time of its payment. (NRS 118A.200) Section 4 of this bill 4 requires that, in each place where a landlord lists the amount of rent due under a 5 rental agreement and in any reference to the amount of rent due in a written rental 6 agreement, the rent must be set forth as a single figure representing the total amount 7 – 2 – - *AB218_R2* of periodic rent that includes the amount of any fixed, mandatory fees to be charged 8 to the tenant in addition to the base rent. Section 4 prohibits a landlord from 9 charging a tenant an amount for periodic rent that exceeds the amount of rent due 10 under the written rental agreement, as set forth in the manner required by section 4. 11 Section 3.5 of this bill requires a landlord or his or her agent, upon request, to 12 provide a prospective tenant with a copy of the written rental agreement, if any, to 13 which the prospective tenant would be subject if he or she were to become a tenant. 14 Section 2 of this bill requires a landlord to provide a tenant at least one method 15 to pay rent or any other fee or charge which does not require the tenant to: (1) pay 16 any fee or charge to use the method; or (2) provide information concerning a bank 17 account of the tenant. Section 2 also prohibits a landlord or his or her agent who 18 allows a tenant to pay rent or any other fee or charge through an Internet website or 19 online portal from charging the tenant a fee to make a payment through the Internet 20 website or online portal in an amount that exceeds the amount of any fee charged 21 for the use of the Internet website or online portal by the operator of the Internet 22 website or online portal. Section 2 requires the amount of any fee to be charged to 23 the tenant by the landlord or his or her agent for the use of an Internet website or 24 online portal to make a payment to be separately identified in any written rental 25 agreement. 26 Section 3 of this bill authorizes a tenant who is aggrieved by a violation of the 27 requirements of section 4 concerning the manner in which rent must be listed or 28 referenced in a written rental agreement or the prohibition set forth in section 4 on 29 charging a tenant an amount for periodic rent that exceeds the amount of rent due 30 under a written rental agreement to bring a civil action for such a violation. Section 31 3 requires a court to award certain relief to a tenant who prevails in such an action. 32 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 the provisions set forth as sections 2, 3 and 3.5 of this 2 act. 3 Sec. 2. 1. A landlord or his or her agent shall provide a 4 tenant at least one method of paying rent or any other fee or 5 charge which does not require the tenant to: 6 (a) Pay any fee or charge for using the method; or 7 (b) Provide information concerning a bank account of the 8 tenant. 9 2. If a landlord or his or her agent allows a tenant to pay rent 10 or any other fee or charge through an Internet website or online 11 portal: 12 (a) The landlord or his or her agent shall not charge the 13 tenant a fee to make a payment through the Internet website or 14 online portal in an amount that exceeds the amount of any fee 15 charged for the use of the Internet website or online portal by the 16 operator of the Internet website or online portal; and 17 (b) The amount of any fee charged to the tenant by the 18 landlord or his or her agent for the use of the Internet website or 19 – 3 – - *AB218_R2* online portal must be separately identified in any written rental 1 agreement. 2 Sec. 3. 1. A tenant who is aggrieved by a violation of 3 subsection 6 or 7 of NRS 118A.200 may bring a civil action in any 4 court of competent jurisdiction for such violation. 5 2. If a tenant prevails in an action brought pursuant to 6 subsection 1, the court shall award the tenant: 7 (a) Any damages the tenant has sustained; 8 (b) Any equitable relief that the court deems appropriate; 9 (c) The tenant’s costs in the action and reasonable attorney’s 10 fees; 11 (d) Statutory damages of $1,000 for each violation which 12 involved deception; and 13 (e) Treble the amount of actual damages sustained by the 14 tenant as a result of each willful violation. 15 Sec. 3.5. A landlord or his or her agent shall, upon request, 16 provide to a prospective tenant a copy of the written rental 17 agreement, if any, to which the tenant would be subject if he or 18 she were to become a tenant. 19 Sec. 4. NRS 118A.200 is hereby amended to read as follows: 20 118A.200 1. Any written agreement for the use and 21 occupancy of a dwelling unit or premises must be signed by the 22 landlord or his or her agent and the tenant or his or her agent. 23 2. The landlord shall provide one copy of any written 24 agreement described in subsection 1 to the tenant free of cost at the 25 time the agreement is executed and, upon request of the tenant, 26 provide additional copies of any such agreement to the tenant within 27 a reasonable time. The landlord may charge a reasonable fee for 28 providing the additional copies. 29 3. Any written rental agreement must contain, but is not limited 30 to, provisions relating to the following subjects: 31 (a) Duration of the agreement. 32 (b) Amount of rent , set forth in the manner required by 33 subsection 6, and the manner and time of its payment. 34 (c) Occupancy by children or pets. 35 (d) Services included with the dwelling rental. 36 (e) Fees which are required and the purposes for which they are 37 required. 38 (f) Deposits which are required and the conditions for their 39 refund. 40 (g) Charges which may be required for late or partial payment of 41 rent or for return of any dishonored check. 42 (h) Inspection rights of the landlord. 43 (i) A listing of persons or numbers of persons who are to occupy 44 the dwelling. 45 – 4 – - *AB218_R2* (j) Respective responsibilities of the landlord and the tenant as 1 to the payment of utility charges. 2 (k) A signed record of the inventory and condition of the 3 premises under the exclusive custody and control of the tenant. 4 (l) A summary of the provisions of NRS 202.470. 5 (m) Information regarding the procedure pursuant to which a 6 tenant may report to the appropriate authorities: 7 (1) A nuisance. 8 (2) A violation of a building, safety or health code or 9 regulation. 10 (n) Information regarding the right of the tenant to engage in the 11 display of the flag of the United States, as set forth in 12 NRS 118A.325. 13 4. In addition to the provisions required by subsection 3, any 14 written rental agreement for a single-family residence which is not 15 signed by an authorized agent of the landlord who at the time of 16 signing holds a permit to engage in property management pursuant 17 to chapter 645 of NRS must contain a disclosure at the top of the 18 first page of the agreement, in a font size at least two times larger 19 than any other font size in the agreement, which states that: 20 (a) There are rebuttable presumptions in NRS 205.0813 and 21 205.0817 that the tenant does not have lawful occupancy of the 22 dwelling unless the agreement: 23 (1) Is notarized or is signed by an authorized agent of the 24 landlord who at the time of signing holds a permit to engage in 25 property management pursuant to chapter 645 of NRS; and 26 (2) Includes the current address and telephone number of the 27 landlord or his or her authorized representative; and 28 (b) The agreement is valid and enforceable against the landlord 29 and the tenant regardless of whether the agreement: 30 (1) Is notarized or is signed by an authorized agent of the 31 landlord who at the time of signing holds a permit to engage in 32 property management pursuant to chapter 645 of NRS; or 33 (2) Includes the current address and telephone number of the 34 landlord or his or her authorized representative. 35 5. The absence of a written agreement raises a disputable 36 presumption that: 37 (a) There are no restrictions on occupancy by children or pets. 38 (b) Maintenance and waste removal services are provided 39 without charge to the tenant. 40 (c) No charges for partial or late payments of rent or for 41 dishonored checks are paid by the tenant. 42 (d) Other than normal wear, the premises will be returned in the 43 same condition as when the tenancy began. 44 – 5 – - *AB218_R2* 6. In each place where a landlord lists the amount of rent due 1 under a rental agreement and in any reference in a written rental 2 agreement to the amount of rent due under the agreement, the 3 rent must be set forth as a single figure representing the total 4 amount of periodic rent that includes the amount of any fixed, 5 mandatory fees to be charged to the tenant in addition to the base 6 rent. 7 7. A landlord shall not charge a tenant an amount for 8 periodic rent that exceeds the amount of rent due under a written 9 rental agreement as set forth in the manner required by 10 subsection 6. 11 8. It is unlawful for a landlord or any person authorized to 12 enter into a rental agreement on his or her behalf to use any written 13 agreement which does not conform to the provisions of this section, 14 and any provision in an agreement which contravenes the provisions 15 of this section is void. 16 [7.] 9. As used in this section, “single-family residence” 17 means a structure that is comprised of not more than four units. The 18 term does not include a manufactured home as defined in 19 NRS 118B.015. 20 H