Nevada: Late Rent Fee Limits

Requirements one by one

The cap is 5% of the periodic rent

Under NRS 118A.210(4)(b), a late fee "must not exceed 5 percent of the amount of
the periodic rent." The percentage runs on the periodic rent itself — for a
monthly tenancy, the monthly rent — not on the unpaid balance. On $1,500 monthly
rent, the maximum late fee is $75. The fee must also be "reasonable" and set
forth in the rental agreement.

A three-day wait applies to longer tenancies

For any tenancy longer than week-to-week, § 118A.210(4)(a) bars a late fee
"until at least 3 calendar days after the date that rent is due." A fee charged
on the day after rent is due, or during those three days, is not allowed for
these tenancies.

The maximum cannot escalate

Section 118A.210(4)(c) says the maximum late fee "must not be increased based
upon a late fee that was previously imposed." A landlord cannot ratchet the
ceiling upward each month a tenant is late; the 5% cap stays fixed and does not
compound on an earlier fee.

What trips people up

No written agreement, no presumed late fee. A late fee is allowed only "as
set forth in the rental agreement" (§ 118A.210(4)). Nevada backs this up in
§ 118A.200: the absence of a written agreement raises a disputable presumption
that no charges for late or partial payment of rent are owed (§ 118A.200(5)(c)),
and a written lease must list any late-payment or dishonored-check charge
(§ 118A.200(3)(g)). So on an oral tenancy, a landlord starts from the position
that no late fee is due unless that presumption is overcome.

A late fee is not part of the pay-or-quit amount. The 5% cap governs the fee
itself; it does not convert the late fee into rent that a landlord can demand
through the summary eviction notice. Treat the late fee and the rent-nonpayment
eviction clock as separate.

Common questions

Is the 5% figured on the rent I owe or the whole month's rent? On the
periodic rent — the full monthly rent for a month-to-month tenancy — not on a
partial or overdue balance (§ 118A.210(4)(b)).

Can the landlord raise the late fee if I'm late again the next month? No. The
maximum may not be increased based on a late fee previously imposed
(§ 118A.210(4)(c)).

What happens to a lease clause that charges more than 5% or charges too
early? To the extent it makes the tenant forgo a Chapter 118A right, it is void
as contrary to public policy, and the tenant may recover any actual damages
caused by the prohibited provision (§ 118A.220(1)(a), (2)).

Statutes and sources

• NRS 118A.210(4) — the 5% cap, the three-day wait for tenancies longer than
  week-to-week, and the bar on increasing the maximum based on a prior fee.

  4. A landlord may charge a reasonable late fee for the late payment of rent
     as set forth in the rental agreement, but: (a) In a tenancy that is longer
     than week to week, no late fee may be charged or imposed until at least 3
     calendar days after the date that rent is due; (b) Such a late fee must not
     exceed 5 percent of the amount of the periodic rent; and (c) The maximum
     amount of the late fee must not be increased based upon a late fee that was
     previously imposed.

Official source: https://www.leg.state.nv.us/nrs/nrs-118a.html (accessed 2026-07-20)
- NRS 118A.200(3)(g), (5)(c) — a written lease must state any late-payment
charge, and absent a written agreement the law presumes none is owed.

3. The rental agreement must be signed by the landlord and the tenant and
   must include ... (g) Charges which may be required for late or partial
   payment of rent or for return of any dishonored check. ... 5. The absence of
   a written agreement raises a disputable presumption that: ... (c) No charges
   for partial or late payments of rent or for dishonored checks are paid by the
   tenant.

Official source: https://www.leg.state.nv.us/nrs/nrs-118a.html (accessed 2026-07-20)
- NRS 118A.220(1)(a), (2) — a term making the tenant forgo a chapter right is
void, and the tenant may recover actual damages from it.

1. A rental agreement shall not provide that the tenant: (a) Agrees to waive
   or forego rights or remedies afforded by this chapter; ... 2. Any provision
   prohibited by subsection 1 is void as contrary to public policy and the
   tenant may recover any actual damages incurred through the inclusion of the
   prohibited provision.

Official source: https://www.leg.state.nv.us/nrs/nrs-118a.html (accessed 2026-07-20)