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How much is the limit the landlord can charge for returned check?

Las Vegas, NV |

How much is the limit the landlord can charge for return check?

if on the lease agreement stated $50 even the state limit is $25. Can they charge or than $25?

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Attorney answers 1


Whether or not the Landlord can charge for returned checks is controlled by NRS 118A.200 )Rental agreements: Signing; copies; required provisions; disputable presumptions; use of nonconforming agreement unlawful), which states:
1. Any written agreement for the use and occupancy of a dwelling unit or premises must be signed by the landlord or his or her agent and the tenant or his or her agent.
2. The landlord shall provide one copy of any written agreement described in subsection 1 to the tenant free of cost at the time the agreement is executed and, upon request of the tenant, provide additional copies of any such agreement to the tenant within a reasonable time. The landlord may charge a reasonable fee for providing the additional copies.
3. Any written rental agreement must contain, but is not limited to, provisions relating to the following subjects:
. . .
(g) Charges which may be required for late or partial payment of rent or for return of any dishonored check.
. . .
4. 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.
. . .
5. It is unlawful for a landlord or any person authorized to enter into a rental agreement on his or her behalf to use any written agreement which does not conform to the provisions of this section, and any provision in an agreement which contravenes the provisions of this section is void.

Check your rental agreement to see if the charge is set forth there. If not, then it is presumed not to exist. You can also argue that NRS 597.960 limits the fee to $25.00 for each dishonored check.

Hope this helps.

/s Donald Kudler