AB 121 - Prohibits Landlords from Charging Tenants Hidden Rental Fees - Nevada Key Vote

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Title: Prohibits Landlords from Charging Tenants Hidden Rental Fees

Vote Smart's Synopsis:

Vote to pass a bill that prohibits landlords from charging tenants hidden rental fees in Nevada.

Highlights:

  • 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 that does not require the tenant to do any of the following (Sec. 2):

    • Pay any fee or charge for using the method; or

    • Provide information concerning the bank account of the tenant.

  • Specifies that this does not prohibit any payment that is made by a check that contains a bank account number (Sec. 2).

  • Requires that 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, the following must be followed (Sec. 2):

    • The landlord 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; and

    • The amount of any fee charged to the tenant by the landlord for the use of the Internet website or online portal must be separately identified in any written rental agreement.

  • Specifies that a tenant may bring a civil action in any court of competent jurisdiction for such a violation of Section 2, and if a tenant prevails in an action, the court shall award the tenant the following (Sec. 3):

    • Any damages the tenant has sustained that the court deems appropriate;

    • Any equitable relief that the court deems appropriate;

    • The tenant’s costs in the action and reasonable attorney’s fees; and

    • Statutory damages of $250 for each violation which involved deception.

  • Requires that a landlord, upon request, must 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).

  • Requires that if a landlord collects 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 from a potential tenant, they must refund the fee if the landlord (Sec 4.5):

    • Rents the dwelling unit to a different prospective tenant; and

    • Does not conduct the activity for which the fee was collected.

  • 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 (Sec 4.5).

  • Requires that, in each place where a landlord lists the amount of rent due under a 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 (Sec. 5).

  • Prohibits a landlord from charging a tenant an amount of periodic rent that exceeds the maximum total amount of rent due under a written rental agreement (Sec. 5).

See How Your Politicians Voted

Title: Prohibits Landlords from Charging Tenants Hidden Rental Fees

Vote Smart's Synopsis:

Vote to pass a bill that prohibits landlords from charging tenants hidden rental fees in Nevada.

Highlights:

  • 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 that does not require the tenant to do any of the following (Sec. 2):

    • Pay any fee or charge for using the method; or

    • Provide information concerning the bank account of the tenant.

  • Specifies that this does not prohibit any payment that is made by a check that contains a bank account number (Sec. 2).

  • Requires that 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, the following must be followed (Sec. 2):

    • The landlord 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; and

    • The amount of any fee charged to the tenant by the landlord for the use of the Internet website or online portal must be separately identified in any written rental agreement.

  • Specifies that a tenant may bring a civil action in any court of competent jurisdiction for such a violation of Section 2, and if a tenant prevails in an action, the court shall award the tenant the following (Sec. 3):

    • Any damages the tenant has sustained that the court deems appropriate;

    • Any equitable relief that the court deems appropriate;

    • The tenant’s costs in the action and reasonable attorney’s fees; and

    • Statutory damages of $250 for each violation which involved deception.

  • Requires that a landlord, upon request, must 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).

  • Requires that if a landlord collects 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 from a potential tenant, they must refund the fee if the landlord (Sec 4.5):

    • Rents the dwelling unit to a different prospective tenant; and

    • Does not conduct the activity for which the fee was collected.

  • 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 (Sec 4.5).

  • Requires that, in each place where a landlord lists the amount of rent due under a 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 (Sec. 5).

  • Prohibits a landlord from charging a tenant an amount of periodic rent that exceeds the maximum total amount of rent due under a written rental agreement (Sec. 5).

Title: Prohibits Landlords from Charging Tenants Hidden Rental Fees

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