Provision in Lease

• Nevada Revised States 118A.200 requires landlords to put a provision about late fees in the lease agreement, and that the lease agreement must be in writing. This provision must cover the amount that the tenant must pay the landlord if the rent is late or partially late, or if the check which the tenant attempted to pay with does not clear.
  
  

Presumption Against Late Fees

• Nevada Revised Statutes 118A.200 provides that if there is no written agreement between the landlord and tenant, there is a presumption that the tenant will not have to pay late fees. This means that if late fees are not in the lease, or if there is no lease, the landlord has the burden of showing the court that there was some agreement as to the late fees. Otherwise the court will assume that the tenant does not have to pay any late fees.
  
  

Withholding for Uninhabitable Rental

• Nevada Revised Statutes 118A.355 allow a tenant to withhold rent if the landlord fails to maintain the rented unit in a habitable condition. If the tenant is withholding rent pursuant to this section, he is not liable for late fees. In order to do so, however, the tenant must provide written notice to his landlord of the defects and request that they be fixed. If the landlord fails to do so within 14 days and has no good reason for the failure, the tenant may withhold rent without being subject to late fees.
  
  

Withholding for Lack of Services

• According to Nevada Revised Statute 118A.380, a tenant may withhold rent without incurring late fees if the landlord is required to provide an essential service under the lease and fails to do so. Essential services include utilities such as heat, air conditioning, running water, hot water, gas and electricity. The tenant must give the landlord 48 hours' written notice (not including weekends) and if the landlord fails to take reasonable measures to fix the problem, the tenant may withhold rent without incurring late fees.
  
  

Security Deposit Deduction

• Nevada Revised Statute 118A.150 states that reasonable late fees provided for in the lease and due are considered "rent." A landlord may withhold unpaid late fees from a security deposit, along with unpaid or past due rent, pursuant to Nevada Revised Statute 118A.242. The landlord must provide an itemized list of deductions to the tenant along with the balance of the security deposit within 30 days of when the tenant moves out.