Can landlords include mandatory attorney fee shifting clauses in Nevada rental agreements?

Yes, Nevada law permits landlords to include mandatory attorney fee shifting clauses in rental agreements when the clause awards fees to the prevailing party and complies with NRS 18.010 and NRS 118A.

Legal Basis Under Nevada Statutes

Nevada Revised Statute 18.010 authorizes courts to award attorney fees to the prevailing party when a contract expressly provides for such recovery. Residential leases fall under this rule provided the clause does not conflict with tenant protections in NRS 118A. The statute requires the clause to be mutual, meaning either party can recover fees if they prevail. One-sided clauses favoring only the landlord are unenforceable.

Landlords must draft the language to cover actions arising from the lease, including eviction proceedings and security deposit disputes. Courts have upheld clauses that survived summary judgment motions in Clark County and Washoe County cases from 2022 through 2024.

Key takeaway: Review the exact wording of any fee-shifting provision against NRS 18.010 before signing or enforcing a lease.

Practical Takeaway

Copy the clause from your current lease and compare it directly to the text of NRS 18.010 using a free statute lookup tool.

Enforceability Requirements

For a clause to hold up in court it must satisfy four criteria:

• Mutual application to both landlord and tenant
• Clear definition of prevailing party as the party that obtains a net monetary recovery or avoids liability
• No fixed dollar amount that exceeds reasonable hourly rates
• Explicit statement that fees are in addition to other remedies

Clauses that attempt to shift fees regardless of outcome or that cap recovery below actual costs are routinely struck down. Nevada courts require itemized billing statements submitted within 20 days of the final judgment.

Practical Takeaway

Insert the four criteria into a checklist and mark each item present in your lease clause before moving forward with any dispute.

Red Flags That Invalidate Clauses

Watch for these common drafting errors that render fee-shifting provisions void:

• One-sided language granting fees only to the landlord
• Automatic fee awards without a prevailing-party determination
• References to non-Nevada law or venue
• Attempts to waive the tenant’s right to contest fees

Any of these defects allows a tenant to move to strike the clause entirely, often resulting in the landlord paying their own fees even after winning the underlying case.

Practical Takeaway

Run your lease through a clause scanner that flags one-sided or non-mutual language before lease execution.

Comparison With Other Jurisdictions

Nevada’s approach differs from stricter states. Ohio prohibits any waiver of habitability rights that might indirectly affect fee recovery. Maryland caps certain lease-break fees that can interact with attorney fee awards. Landlords operating across state lines should verify each jurisdiction’s specific statute before using a uniform lease template.

Practical Takeaway

Create a simple state-by-state matrix and update it each time you expand into a new rental market.

Step-by-Step Review Process

1. Locate the attorney fee paragraph in the lease
2. Confirm mutual language exists
3. Verify no fixed fee amount appears
4. Check that the clause references Nevada law
5. Submit the clause to counsel or an automated analyzer for final confirmation

Practical Takeaway

Complete the five-step checklist within 48 hours of receiving any new lease draft.

How TermScore Helps

TermScore can automatically analyze contracts for these exact issues and flag non-compliant attorney fee clauses in seconds.