Displaying a Flag on Rental Property

By Kyle Cirac

Independence Day weekend is almost upon us, and people across the country are preparing to celebrate in a variety of ways, including by flying an American flag on their property.  When it comes to the flags on rental properties in Nevada, there are a few relevant laws that landlords and tenants must abide by.  This article covers both dwellings under Chapter 118A and manufactured home parks under Chapter 118B of the Nevada Revised Statues.

Under Nevada law, a landlord, or an agent or employee of a landlord may not prohibit a tenant from engaging in the display of the flag of the United States within the space that tenant has a right to occupy and use exclusively (NRS 118A.325).  The statute for manufactured home lots is nearly identical, but instead specifies that the prohibition applies within the boundary of the lot of the tenant (NRS 118B.143).  This means that a landlord may only prohibit the display of a flag in an area which is not under the exclusive control of the tenant, such as a community pool, gym, or breezeway between units.

The statute further provides that a landlord may adopt rules that reasonably restrict the placement and manner of the display of a flag of the United States.  If a tenant chooses to display a flag in the window of their manufactured home, this may be seen as a reasonable display.  In contrast, a tenant who ties a flag to a gate in a common area under the control of landlord may be subject to restrictions by the landlord.  Some tenants may argue that displaying a flag from an apartment balcony is reasonable, while landlords may attempt to prohibit any such display as a violation of rules regarding decorations on balconies or as a fire hazard.  The question of reasonability is left to the court, but it is better to provide some flexibility in enforcing rules against placement of a flag of the United States.

In both cases, the flag is defined as one that is (1) made of cloth, fabric or paper; (2) displayed from a pole or staff or in a window; and (3) displayed in a manner consistent with 4 U.S.C. Chapter 1.  Excluded from the definition are depictions or emblems of the flag of the United States which are made of balloons, flora, lights, paint, paving materials, roofing, siding or any other similar building, decorative or landscaping component.  This means that if a landlord chooses, they may prohibit the display of a flag made out of balloons or flowers, or painting the side of a tenant’s manufactured home in the style of an American flag.

Local code also allows the display of flags from permanently located freestanding or wall-mounted flagpoles.  However, they are limited to one flagpole per parcel and the maximum height may not exceed 30 feet (Reno Administrative Code § 18.16.203).

Landlords should also note that when drafting a rental agreement, it must contain a provision relating to the right of tenants to engage in the display of a flag of the United States (NRS 118A.200).  For more information regarding the display of a flag and the proper etiquette, visit https://www.washoecounty.us/clerks/admin/flag_etiquette.php.

            * The foregoing information is of a general nature.  Landlords and tenants should contact their legal counsel with questions for advice concerning specific situations.