CHAPTER 118A
LANDLORD AND TENANT: DWELLINGS
Short title: This chapter may be cited as the
Residential Landlord and Tenant Act. NRS 118A.010
(Added to NRS by 1977, 1330)
Definitions: As used in this chapter, unless the
context otherwise requires, the terms defined in NRS 118A.030 to
118A.170, inclusive, have the meanings ascribed to them in those
sections. NRS 118A.020
(Added to NRS by 1977, 1330)
"Abandoned property" defined:
"Abandoned property" means property which is left
unattended on the premises after the termination of the tenancy,
unless the owner of the property has expressed an intent to return
for the property. NRS 118A.030
(Added to NRS by 1977, 1330)
"Action" defined: "Action"
includes counterclaim, cross-claim, third-party claim or any
other proceeding in which rights are determined. NRS 118A.040
(Added to NRS by 1977, 1330)
"Building, housing and health codes" defined:
"Building, housing and health codes" include any law,
ordinance or governmental regulation concerning:
1. Health, safety, sanitation or fitness for habitation;
or
2. The construction, maintenance, operation, occupancy,
use or appearance, of any premises or dwelling unit. NRS
118A.050
(Added to NRS by 1977, 1330)
"Cause" defined: A tenancy is terminated
with "cause" for:
1. Nonpayment of rent.
2. Nonpayment of utility charges if the landlord
customarily pays such charges and submits a separate
bill to the tenant.
3. Failure of the tenant to comply with:
(a) Basic obligations imposed on the tenant by this chapter;
(b) Valid rules or regulations established pursuant to this
chapter; or
(c) Valid provisions of the rental agreement.
4. Condemnation of the dwelling unit. NRS 118A.060
(Added to NRS by 1977, 1331)
"Court" defined: "Court" means the
district court, justice's court or other court of competent
jurisdiction situated in the county or township wherein the premises
are located. NRS 118A.070
(Added to NRS by 1977, 1331)
"Dwelling" and "dwelling unit"
defined: "Dwelling" or "dwelling unit" means
a structure or the part of a structure that is occupied as, or
designed or intended for occupancy as, a residence or sleeping place
by one person who maintains a household or by two or more persons
who maintain a common household. NRS 118A.080
(Added to NRS by 1977, 1331)
"Exclude" defined: "Exclude" means
to evict or to prohibit entry by locking doors or by otherwise
blocking or attempting to block entry, or to make a dwelling unit
uninhabitable by interrupting or causing the interruption of
electric, gas, water or other essential services. NRS 118A.090
(Added to NRS by 1977, 1331)
"Landlord" defined: "Landlord"
means a person who provides a dwelling unit for occupancy by another
pursuant to a rental agreement. NRS 118A.100
(Added to NRS by 1977, 1331)
"Normal wear" defined: "Normal
wear" means that deterioration which occurs without negligence,
carelessness or abuse of the premises, equipment or chattels by the
tenant, a member of his household or other person on the premises
with his consent. NRS 118A.110
(Added to NRS by 1977, 1331)
"Owner" defined: "Owner" means one
or more persons, jointly or severally, in whom is vested:
1. All or part of the legal title to property, except a
trustee under a deed of trust who is not in possession of the
property; or
2. All or part of the beneficial ownership, and a right to
present use and enjoyment of the premises. NRS 118A.120
(Added to NRS by 1977, 1331)
"Person" defined: "Person"
includes a government, a governmental agency and a political
subdivision of a government. NRS 118A.130
(Added to NRS by 1977, 1331; A 1985, 507)
"Premises" defined: "Premises"
means a dwelling unit and the structure of which it is a part,
facilities, furniture, utilities and appurtenances therein and
grounds, areas and facilities held out for the use of tenants. NRS
118A.140
(Added to NRS by 1977, 1331)
"Rent" defined: "Rent" means all
periodic payments to be made to the landlord for occupancy of a
dwelling unit, including, without limitation, all reasonable and
actual late fees set forth in the rental agreement. NRS
118A.150
(Added to NRS by 1977, 1331; A 1999, 984)
"Rental agreement" defined: "Rental
agreement" means any oral or written agreement for the use and
occupancy of a dwelling unit or premises. NRS 118A.160
(Added to NRS by 1977, 1331)
"Tenant" defined: "Tenant" means a
person entitled under a rental agreement to occupy a dwelling unit
to the exclusion of others. NRS 118A.170
(Added to NRS by 1977, 1332)
Applicability:
1. Except as provided in subsection 2, this chapter
applies to, regulates and determines rights, obligations and
remedies under a rental agreement, wherever made, for a dwelling
unit or premises located within this state.
2. This chapter does not apply to:
(a) A rental agreement subject to the provisions of chapter 118B
of NRS;
(b) Low-rent housing programs operated by public housing
authorities and established pursuant to the United States Housing
Act of 1937, 42 U.S.C. §§ 1437 et seq.;
(c) A person who owns and personally manages four or fewer
dwelling units, except with respect to the provisions of NRS
118A.200, 118A.300, 118A.340, 118A.380, 118A.450 and 118A.460;
(d) Residence in an institution, public or private, incident to
detention or the provision of medical, geriatric, educational,
counseling, religious or similar service;
(e) Occupancy under a contract of sale of a dwelling unit or the
property of which it is a part, if the occupant is the purchaser or
his successor in interest;
(f) Occupancy by a member of a fraternal or social organization
in the portion of a structure operated for the benefit of the
organization;
(g) Occupancy in a hotel or motel for less than 30 consecutive
days unless the occupant clearly manifests an intent to remain for a
longer continuous period;
(h) Occupancy by an employee of a landlord whose right to
occupancy is solely conditional upon employment in or about the
premises;
(i) Occupancy by an owner of a condominium unit or by a holder
of a proprietary lease in a cooperative apartment; or
(j) Occupancy under a rental agreement covering premises used by
the occupant primarily for agricultural purposes. NRS 118A.180
(Added to NRS by 1977, 1332; A 1985, 1413; 1999, 1228)
Notice: Definition; service:
1. A person has notice of a fact if:
(a) He has actual knowledge of it;
(b) He has received a notice or notification of it; or
(c) From all the facts and circumstances he reasonably should
know that it exists.
2. Written notices to the tenant prescribed by this
chapter shall be served in the manner provided by NRS 40.280.
3. Written notices to the landlord prescribed by this
chapter may be delivered or mailed to the place of business of the
landlord designated in the rental agreement or to any place held out
by the landlord as the place for the receipt of rental payments from
the tenant and are effective from the date of delivery or
mailing. NRS 118A.190
(Added to NRS by 1977, 1332)
Rental agreements: Signing; required provisions;
disputable presumptions; use of nonconforming agreement unlawful:
1. Any written agreement for the use and occupancy of a
dwelling unit or premises shall be signed by the landlord or his
agent and the tenant or his agent.
2. Any written rental agreement shall contain but is not
limited to provisions relating to the following subjects:
(a) Duration of the agreement.
(b) Amount of rent and the manner and time of its payment.
(c) Occupancy by children or pets.
(d) Services included with the dwelling rental.
(e) Fees which are required and the purposes for which they are
required.
(f) Deposits which are required and the conditions for their
refund.
(g) Charges which may be required for late or partial payment of
rent or for return of any dishonored check.
(h) Inspection rights of the landlord.
(i) A listing of persons or numbers of persons who are to occupy
the dwelling.
(j) Respective responsibilities of the landlord and the tenant
as to the payment of utility charges.
(k) A signed record of the inventory and condition of the
premises under the exclusive custody and control of the tenant.
3. The absence of a written agreement raises a disputable
presumption that:
(a) There are no restrictions on occupancy by children or pets.
(b) Maintenance and waste removal services are provided without
charge to the tenant.
(c) No charges for partial or late payments of rent or for
dishonored checks are paid by the tenant.
(d) Other than normal wear, the premises will be returned in the
same condition as when the tenancy began.
4. It is unlawful for a landlord or any person authorized
to enter into a rental agreement on his 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. NRS 118A.200
(Added to NRS by 1977, 1333)
Rental agreements: Payment of rent; term of tenancy:
1. Rent is payable without demand or notice at the time
and place agreed upon by the parties.
2. Unless the rental agreement establishes a definite
term, the tenancy is from week to week in the case of a tenant who
pays weekly rent and in all other cases the tenancy is from month to
month.
3. In the absence of an agreement, either written or oral:
(a) Rent is payable at the beginning of the tenancy; and
(b) Rent for the use and occupancy of a dwelling is the fair
rental value for the use and occupancy. NRS 118A.210
(Added to NRS by 1977, 1333)
Rental agreements: Prohibited provisions:
1. A rental agreement shall not provide that the tenant:
(a) Agrees to waive or forego rights or remedies afforded by
this chapter;
(b) Authorizes any person to confess judgment on any claim
arising out of the rental agreement;
(c) Agrees to pay the landlord's attorney's fees, except that
the agreement may provide that reasonable attorney's fees may be
awarded to the prevailing party in the event of court action;
(d) Agrees to the exculpation or limitation of any liability of
the landlord arising under law or to indemnify the landlord for that
liability or the costs connected therewith if the liability is based
upon an act or omission of the landlord or any agent or employee of
the landlord; or
(e) Agrees to give the landlord a different notice of
termination than that required to be given by the landlord to the
tenant.
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.
NRS 118A.220
(Added to NRS by 1977, 1333)
Rental agreements: Unconscionability:
1. If the court as a matter of law finds that a rental
agreement or any of its provisions was unconscionable when made, the
court may refuse to enforce the agreement, enforce the remainder of
the agreement without the unconscionable provision or limit the
application of any unconscionable provision to avoid an
unconscionable result.
2. If unconscionability is put in issue by a party or by
the court upon its own motion, the parties shall be afforded a
reasonable opportunity to present evidence as to the setting,
purpose and effect of the rental agreement or settlement to aid the
court in making its determination. NRS 118A.230
(Added to NRS by 1977, 1332)
OBLIGATIONS OF LANDLORD
"Security" defined:
1. Any payment, deposit, fee or charge that is to be used
for any of the following purposes is "security" and is
governed by the provisions of this section and NRS 118A.242 and
118A.244:
(a) Remedying any default of the tenant in the payments of rent.
(b) Repairing damages to the premises other than normal wear
caused by the tenant.
(c) Cleaning the dwelling unit.
2. "Security" does not include any payment,
deposit or fee to secure an option to purchase the premises.
NRS 118A.240
(Added to NRS by 1977, 1334; A 1981, 1184; 1985, 1414)
Security: Limitation on amount or value; duties and
liability of landlord; damages; prohibited provisions:
1. The landlord may not demand or receive security,
including the last month's rent, whose total amount or value exceeds
3 months' periodic rent.
2. Upon termination of the tenancy by either party for any
reason, the landlord may claim of the security only such amounts as
are reasonably necessary to remedy any default of the tenant in the
payment of rent, to repair damages to the premises caused by the
tenant other than normal wear and to pay the reasonable costs of
cleaning the premises. The landlord shall provide the tenant with an
itemized written accounting of the disposition of the security and
return any remaining portion of the security to the tenant no later
than 30 days after the termination of the tenancy by handing it to
him personally at the place where the rent is paid, or by mailing it
to him at his present address, or if that address is unknown, at the
tenant's last known address.
3. If the landlord fails or refuses to return the
remainder of a security deposit within 30 days after the end of a
tenancy, he is liable to the tenant for damages:
(a) In an amount equal to the entire deposit; and
(b) For a sum to be fixed by the court of not more than the
amount of the entire deposit.
4. In determining the sum, if any, to be awarded under
paragraph (b) of subsection 3, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant;
and
(c) The degree of harm to the tenant caused by the landlord's
conduct.
5. Except for an agreement which provides for a
nonrefundable charge for cleaning, in a reasonable amount, no rental
agreement may contain any provision characterizing any security
under this section as nonrefundable or any provision waiving or
modifying a tenant's rights under this section. Any such provision
is void as contrary to public policy.
6. The claim of a tenant to security to which he is
entitled under this chapter takes precedence over the claim of any
creditor of the landlord. NRS 118A.242
(Added to NRS by 1977, 1334; A 1981, 1184; 1985, 1414)
Notice or transfer of security to tenant and successor in
interest required upon transfer of dwelling unit:
1. Upon termination of the landlord's interest in the
dwelling unit, whether by sale, assignment, death, appointment of
receiver or otherwise, the landlord or his agent shall, within a
reasonable time, do one of the following, which relieves him of
further liability with respect to the security:
(a) Notify the tenant in writing of the name, address and
telephone number of his successor in interest, and that he has
transferred to his successor in interest the portion of the security
remaining after making any deductions allowed under NRS 118A.242.
(b) Return to the tenant the portion of the security remaining
after making any deductions allowed under NRS 118A.242.
The successor has the rights, obligations and liabilities of
the former landlord as to any securities which are owed under this
section or NRS 118A.242 at the time of transfer.
2. The landlord shall, before he records a deed
transferring any dwelling unit:
(a) Transfer to his successor, in writing, the portion of any
tenant's security deposit or other money held by him which remains
after making any deductions allowed under NRS 118A.242; or
(b) Notify his successor in writing that he has returned all
such deposits or portions thereof to the tenant. NRS 118A.244
(Added to NRS by 1977, 1334 & 1985, 1413; A 1981, 1184;
1985, 1414)
Receipts for security, rent and other payments:
The landlord shall deliver to the tenant upon his request a signed
written receipt for security and any other payments, deposits or
fees, including rent, paid by the tenant and received by the
landlord. The tenant may refuse to make rent payments until the
landlord tenders the requested receipt. NRS 118A.250
(Added to NRS by 1977, 1335)
Disclosure of names and addresses of managers and owners;
emergency telephone number; service of process:
1. The landlord, or any person authorized to enter into a
rental agreement on his behalf, shall disclose to the tenant in
writing at or before the commencement of the tenancy:
(a) The name and address of:
(1) The persons authorized to manage the premises;
(2) A person authorized to act for and on behalf of the landlord
for the purpose of service of process and receiving notices and
demands; and
(3) The principal or corporate owner.
(b) A telephone number at which a responsible person may be
called in case of emergency.
2. The information required to be furnished by this
section must be kept current and this section is enforceable against
any successor landlord or manager of the premises.
3. A party who enters into a rental agreement on behalf of
the landlord and fails to comply with this section is an agent of
the landlord for purposes of:
(a) Service of process and receiving notices and demands; and
(b) Performing the obligations of the landlord under law and
under the rental agreement.
4. In any action against a landlord which involves his
rental property, service of process upon the manager of the property
shall be deemed to be service upon the landlord. The obligations of
the landlord devolve upon the persons authorized to enter into a
rental agreement on his behalf.
5. This section does not limit or remove the liability of
an undisclosed landlord. NRS 118A.260
(Added to NRS by 1977, 1335; A 1981, 1185)
Alternative method of disclosure: Instead of the
manner of disclosure provided in NRS 118A.260, the landlord may:
1. In each dwelling structure containing an elevator,
place a printed or typewritten notice containing the information
required by that section in every elevator and in one other
conspicuous place; or
2. In each dwelling structure not containing an elevator,
place a printed or typewritten notice containing that information in
at least two conspicuous places.
The notices shall be kept current and reasonable efforts shall
be made to maintain them in a visible position and legible
condition. NRS 118A.270
(Added to NRS by 1977, 1335)
Delivery of possession of premises: At the
commencement of the rental term the landlord shall deliver
possession of the premises to the tenant in compliance with the
rental agreement and in a habitable condition as provided in this
chapter. NRS 118A.280
(Added to NRS by 1977, 1336)
Habitability of dwelling unit:
1. The landlord shall at all times during the tenancy
maintain the dwelling unit in a habitable condition. A dwelling unit
is not habitable if it substantially lacks:
(a) Effective waterproofing and weather protection of the roof
and exterior walls, including windows and doors.
(b) Plumbing facilities which conformed to applicable law when
installed and which are maintained in good working order.
(c) A water supply approved under applicable law, which is:
(1) Under the control of the tenant or landlord and is capable
of producing hot and cold running water;
(2) Furnished to appropriate fixtures; and
(3) Connected to a sewage disposal system approved under
applicable law and maintained in good working order to the extent
that the system can be controlled by the landlord.
(d) Adequate heating facilities which conformed to applicable
law when installed and are maintained in good working order.
(e) Electrical lighting, outlets, wiring and electrical
equipment which conformed to applicable law when installed and are
maintained in good working order.
(f) An adequate number of appropriate receptacles for garbage
and rubbish in clean condition and good repair at the commencement
of the tenancy. The landlord shall arrange for the removal of
garbage and rubbish from the premises unless the parties by written
agreement provide otherwise.
(g) Building, grounds, appurtenances and all other areas under
the landlord's control at the time of the commencement of the
tenancy in every part clean, sanitary and reasonably free from all
accumulations of debris, filth, rubbish, garbage, rodents, insects
and vermin.
(h) Floors, walls, ceilings, stairways and railings maintained
in good repair.
(i) Ventilating, air conditioning and other facilities and
appliances, including elevators, maintained in good repair if
supplied or required to be supplied by the landlord.
2. The landlord and tenant may agree that the tenant is to
perform specified repairs, maintenance tasks and minor remodeling
only if:
(a) The agreement of the parties is entered into in good faith;
and
(b) The agreement does not diminish the obligations of the
landlord to other tenants in the premises.
3. An agreement pursuant to subsection 2 is not entered
into in good faith if the landlord has a duty under subsection 1 to
perform the specified repairs, maintenance tasks or minor remodeling
and the tenant enters into the agreement because the landlord or his
agent has refused to perform them. NRS 118A.290
(Added to NRS by 1977, 1336; A 1999, 1229)
Advance notice of increase of rent: The landlord may
not increase the rent payable by a tenant unless it serves the
tenant with a written notice, 45 days or, in the case of any
periodic tenancy of less than 1 month, 15 days in advance of the
first rental payment to be increased, advising him of the increase.
NRS 118A.300
(Added to NRS by 1977, 1336; A 1983, 1574) OBLIGATIONS
OF TENANT
Basic obligations: A tenant shall, as basic
obligations under this chapter:
1. Comply with the terms of the rental agreement;
2. Keep that part of the premises which is occupied and
used as clean and safe as the condition of the premises permit;
3. Dispose of all ashes, garbage, rubbish and other waste
from the dwelling unit in a clean and safe manner;
4. Keep all plumbing fixtures in the dwelling unit as
clean as their condition permits;
5. Use in a reasonable manner all electrical, plumbing,
sanitary, heating, ventilating, air conditioning and other
facilities and appliances, including elevators, in the premises;
6. Not deliberately or negligently render the premises
uninhabitable or destroy, deface, damage, impair or remove any part
of the premises or knowingly permit any person to do so; and
7. Conduct himself and require other persons on the
premises with his consent to conduct themselves in a manner that
will not disturb a neighbor's peaceful enjoyment of the premises.
NRS 118A.310
(Added to NRS by 1977, 1336)
MISCELLANEOUS RIGHTS AND OBLIGATIONS OF
LANDLORD AND TENANT
Rules or regulations of landlord:
1. The landlord, from time to time, may adopt rules or
regulations concerning the tenant's use and occupancy of the
premises. Such a rule or regulation is enforceable against the
tenant only if:
(a) Its purpose is to promote the convenience, safety or welfare
of the landlord or tenants in the premises, preserve the landlord's
property from abusive use or make a fair distribution of services
and facilities held out for the tenants generally;
(b) It is reasonably related to the purpose for which it is
adopted;
(c) It applies to all tenants in the premises in a fair manner;
(d) It is sufficiently explicit in its prohibition, direction or
limitation of the tenant's conduct fairly to inform the tenant of
what must or must not be done to comply;
(e) It is in good faith and not for the purpose of evading an
obligation of the landlord; and
(f) The tenant has notice of the rule or regulation at the time
he enters into the rental agreement or after the rule or regulation
is adopted by the landlord.
2. A rule or regulation adopted after the tenant enters
into the rental agreement which works a material modification of the
bargain is enforceable against a tenant:
(a) Who expressly consents to it in writing; or
(b) Who has 30 days' advance written notice of it. NRS
118A.320
(Added to NRS by 1977, 1337)
Landlord's access to dwelling unit:
1. A tenant shall not unreasonably withhold consent for
the landlord peaceably to enter into the dwelling unit to:
(a) Inspect the premises;
(b) Make necessary or agreed repairs, decorating, alterations or
improvements;
(c) Supply necessary or agreed services; or
(d) Exhibit the dwelling unit to prospective or actual
purchasers, mortgagees, tenants, workmen, contractors or other
persons with a bona fide interest in inspecting the premises.
2. The landlord may enter the dwelling unit without
consent of the tenant in case of emergency.
3. The landlord shall not abuse the right of access or use
it to harass the tenant. Except in case of emergency, the landlord
shall give the tenant at least 24 hours' notice of intent to enter
and may enter only at reasonable times during normal business hours
unless the tenant expressly consents to shorter notice or to entry
during nonbusiness hours with respect to the particular entry.
4. The landlord has no other right of access except:
(a) Pursuant to court order;
(b) Where the tenant has abandoned or surrendered the premises;
or
(c) Where permitted under NRS 118A.440. NRS 118A.330
(Added to NRS by 1977, 1337)
Surviving spouse may terminate lease of dwelling in
certain circumstances:
1. Every lease of a dwelling executed after July 1, 1977,
by spouses either of whom is 60 years of age or older at the time of
execution, shall, upon the death of either, terminate 30 days after
written notice to the landlord of the surviving spouse's intention
to terminate, notwithstanding any contrary provisions in the lease,
but a notice of intention to terminate pursuant to this section may
not be submitted later than 6 months after the date of such death.
2. The provisions of this section apply only to spouses
whose combined income does not exceed $10,000 for the calendar year
preceding the death.
3. As used in this section, "income" means all
income, from whatever source derived, including but not limited to
salaries, wages, bonuses, commissions, income from
self-employment, alimony, cash, public assistance and relief, the
gross amount of any pensions or annuities including railroad
retirement benefits, benefits received under the Federal Social
Security Act, unemployment compensation benefits received under the
law, realized capital gains, rentals, the gross amount of loss of
time insurance benefits, life insurance benefits and proceeds, and
gifts of cash or property. The word "income" does not
include surplus food or other relief in kind supplied by any
governmental agency or property tax assistance received by any
claimant under the law or gifts of cash or property from one spouse
to another.
4. This section does not give a landlord the right to
terminate a lease solely because of the death of one of the tenants.
NRS 118A.340
(Added to NRS by 1977, 1338)
REMEDIES
Failure of landlord to comply with rental agreement or
maintain dwelling unit in habitable condition:
1. Except as otherwise provided in this chapter, if the
landlord fails to comply with the rental agreement or fails to
maintain the dwelling unit in a habitable condition as required by
this chapter, the tenant shall deliver a written notice to the
landlord specifying the acts and omissions constituting the breach
and stating that the rental agreement will terminate as provided in
this section. If the breach is remediable and the landlord
adequately remedies the breach or uses his best efforts to remedy
the breach within 14 days after receipt of the notice, the rental
agreement does not terminate by reason of the breach. If the
landlord fails to remedy the breach or make a reasonable effort to
do so within the prescribed time, the tenant may:
(a) Terminate the rental agreement immediately.
(b) Recover actual damages.
(c) Apply to the court for such relief as the court deems proper
under the circumstances.
2. The tenant may not terminate for a condition caused by
his own deliberate or negligent act or omission or that of a member
of his household or other person on the premises with his consent.
3. If the rental agreement is terminated, the landlord
shall return all prepaid rent and security recoverable by the tenant
under this chapter.
4. A tenant may not proceed under this section unless he
has given notice as required by subsection 1, except that the tenant
may, without giving that notice, recover damages under paragraph (b)
of subsection 1 if the landlord:
(a) Admits to the court that he had knowledge of the condition
constituting the breach; or
(b) Has received written notice of that condition from a
governmental agency authorized to inspect for violations of
building, housing or health codes. NRS 118A.350
(Added to NRS by 1977, 1338; A 1985, 1415)
Failure of landlord to comply with rental agreement or
maintain dwelling unit in habitable condition where cost of
compliance less than specified amount:
1. If the landlord fails to comply with the rental
agreement or his obligation to maintain the dwelling unit in a
habitable condition as required by this chapter, and the reasonable
cost of compliance or repair is less than $100 or an amount equal to
one month's periodic rent, whichever amount is greater, the tenant
may recover damages for the breach or notify the landlord of the
tenant's intention to correct the condition at the landlord's
expense. If the landlord fails to use his best efforts to comply
within 14 days after being notified by the tenant in writing or more
promptly if conditions require in case of emergency, the tenant may
cause the work to be done in a workmanlike manner and after
submitting to the landlord an itemized statement, the tenant may
deduct from his rent the actual and reasonable cost or the fair or
reasonable value of the work, not exceeding the amount specified in
this subsection.
2. The landlord may specify in the rental agreement or
otherwise that work done under this section and NRS 118A.380 must be
performed by a named person or firm or class of persons or firms
qualified to do the work and the tenant must comply with the
specifications. If the person qualified to do the work is
unavailable or unable to perform the repairs the tenant shall use
another qualified repairman.
3. A tenant may not repair at the landlord's expense if
the condition was caused by the deliberate or negligent act or
omission of the tenant, a member of his household or other person on
the premises with his consent.
4. The landlord's liability under this section is limited
to $100 or an amount equal to one month's periodic rent, whichever
amount is greater, within any 12?month period.
5. A tenant may not proceed under this section unless he
has given notice to the landlord that the dwelling is not in a
habitable condition as required by this chapter. NRS 118A.360
(Added to NRS by 1977, 1339)
Failure of landlord to deliver possession of dwelling
unit:If the landlord fails to deliver possession of the dwelling
unit to the tenant as provided in this chapter, rent abates until
possession is delivered as required, and the tenant may:
1. Terminate the rental agreement upon at least 5 days'
written notice to the landlord and upon termination the landlord
shall return all prepaid rent, security recoverable under this
chapter, and any payment, deposit, fee or charge to secure the
execution of the rental agreement; or
2. Demand performance of the rental agreement by the
landlord and, if the tenant elects, maintain an action for
possession of the dwelling unit against the landlord or any person
wrongfully in possession and recover the actual damages sustained.
If the landlord has exercised due diligence to evict the holdover
tenant or remedy the condition keeping the new tenant from taking
possession, the landlord is not liable for damages; or
3. Pursue any other remedies to which the tenant is
entitled, including the right to recover any actual damages
suffered. NRS 118A.370
(Added to NRS by 1977, 1339)
Failure of landlord to supply essential services:
1. If the landlord is required by the rental agreement or
this chapter to supply heat, air conditioning, running water, hot
water, electricity, gas, or another essential service and he
willfully or negligently fails to do so, causing the premises to
become unfit for habitation, the tenant shall give written notice to
the landlord specifying the breach. If the landlord does not
adequately remedy the breach, or use his best efforts to remedy the
breach within 48 hours, except a Saturday, Sunday or legal holiday,
after it is received by the landlord, the tenant may, in addition to
any other remedy:
(a) Procure reasonable amounts of such essential ervices during
the landlord's noncompliance and deduct their actual and reasonable
cost from the rent;
(b) Recover actual damages, including damages based upon the
lack of use of the premises or the diminution of the fair rental
value of the dwelling unit;
(c) Withhold any rent that becomes due during the landlord's
noncompliance without incurring late fees, charges for notice or any
other charge or fee authorized by this chapter or the rental
agreement, until the landlord has attempted in good faith to restore
the essential services; or
(d) Procure other housing which is comparable during the
landlord's noncompliance, and the rent for the original premises
fully abates during this period. The tenant may recover the actual
and reasonable cost of that other housing which is in excess of the
amount of rent which is abated.
2. If the tenant proceeds under this section, he may not
proceed under NRS 118A.350 and 118A.360 as to that breach.
3. The rights of the tenant under this section do not
arise until he has given written notice as required by subsection 1,
except that the tenant may, without having given that notice,
recover damages as authorized under paragraph (b) of subsecion 1 if
the landlord:
(a) Admits to the court that he had knowledge of the lack of
such essential services; or
(b) Has received written notice of the uninhabitable condition
caused by such a lack from a governmental agency authorized to
inspect for violations of building, housing or health codes.
4. The rights of the tenant under paragraph (c) of
subsection 1 do not arise unless the tenant is current in the
payment of rent at the time of giving written notice pursuant to
subsection 1.
5. If such a condition was caused by the deliberate or
negligent act or omission of the tenant, a member of his household
or other person on the premises with his consent, the tenant has no
rights under this section. NRS 118A.380
(Added to NRS by 1977, 1339; A 1985, 1416; 1987, 314; 1999,
1230)
Removal or exclusion of tenant; willful interruption of
essential services:
1. If the landlord unlawfully removes the tenant from the
premises or excludes the tenant by blocking or attempting to block
his entry upon the premises or willfully interrupts or causes or
permits the interruption of any essential service required by the
rental agreement or this chapter, the tenant may recover possession,
proceed under NRS 118A.380 or terminate the rental agreement and, in
addition to any other remedy, recover his actual damages, receive an
amount not greater than $1,000 to be fixed by the court, or both.
2. In determining the amount, if any, to be awarded under
subsection 1, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant;
and
(c) The degree of harm to the tenant caused by the landlord's
conduct.
3. If the rental agreement is terminated, the landlord
shall return all prepaid rent and security recoverable under this
chapter. NRS 118A.390
(Added to NRS by 1977, 1340; A 1985, 1417)
Damage or destruction of dwelling unit by fire or
casualty:
1. If the dwelling unit or premises are damaged or
destroyed by fire or casualty to an extent that enjoyment of the
dwelling unit is substantially impaired, the landlord may terminate
the rental agreement and the tenant may, in addition to any other
remedy:
(a) Immediately vacate the premises and notify the landlord
within 7 days thereafter of his intention to terminate the rental
agreement, in which case the rental agreement terminates as of
the date of vacating.
(b) If continued occupancy is lawful, vacate any part of the
dwelling unit rendered unusable by the fire or casualty, in which
case the tenant's liability for rent is reduced in proportion to the
diminution in the fair rental value of the dwelling unit or lack of
use of the dwelling unit.
2. If the rental agreement is terminated, the landlord
shall return all prepaid rent and security recoverable under this
chapter. Accounting for rent in the event of termination or such
continued occupancy shall be made as of the date the premises were
vacated.
3. This section does not apply if it is determined that
the fire or casualty were caused by deliberate or negligent acts of
the tenant, a member of his household or other person on the
premises with his consent. NRS 118A.400
(Added to NRS by 1977, 1340)
Failure of landlord to disclose required information to
tenant: After a demand by the tenant, if a landlord fails
to disclose as provided in NRS 118A.260 or NRS 118A.270, the tenant
may recover actual damages or $25, whichever is greater. NRS
118A.410
(Added to NRS by 1977, 1341)
Failure of tenant to comply with rental agreement or
perform basic obligations: Damages; injunctive relief: Except as
otherwise provided in this chapter, the landlord may recover damages
and obtain injunctive relief for failure of the tenant to comply
with the rental agreement or perform his basic obligations under
this chapter. NRS 118A.420
(Added to NRS by 1977, 1341)
Failure of tenant to comply with rental agreement or
perform basic obligations: Termination of rental agreement:
1. Except as otherwise provided in this chapter, if the
tenant fails to comply with the rental agreement or fails to perform
his basic obligations under this chapter, the landlord may deliver a
written notice to the tenant specifying the acts and omissions
constituting the breach and that the rental agreement will terminate
as provided in this section. If the breach is remediable and the
tenant does not adequately remedy the breach or use his best efforts
to remedy the breach within 5 days after receipt of the notice, or
if the breach cannot be remedied, the landlord may terminate the
rental agreement.
2. If the tenant is not reasonably able to remedy the
breach, the tenant may avoid termination of the rental agreement by
authorizing the landlord to enter and remedy the breach and by
paying any reasonable expenses or damages resulting from the breach
or the remedy thereof. NRS 118A.430
(Added to NRS by 1977, 1341)
Failure of tenant to perform basic obligations: Remedial
work by landlord may be charged to tenant: If the tenant's
failure to perform basic obligations under this chapter can be
remedied by repair, replacement of a damaged item or cleaning, and
the tenant fails to use his best efforts to comply within 14 days
after written notice by the landlord specifying the breach and
requesting that the tenant remedy it within that period of time or
more promptly if conditions require in case of emergency, the
landlord may enter the dwelling unit and cause the work to be done
in a workmanlike manner and submit the itemized bill for the actual
and reasonable cost, or the fair and reasonable value of the work.
The itemized bill shall be paid as rent on the next date periodic
rent is due, or if the rental agreement has terminated, may be
submitted to the tenant for immediate payment or deducted from the
security. NRS 118A.440
(Added to NRS by 1977, 1341)
Abandonment of dwelling unit by tenant: Remedies;
presumption: If the landlord has notice of the fact of
abandonment by the tenant, the landlord may dispose of the tenant's
personal property as provided in NRS 118A.460 and recover possession
of the premises as provided by NRS 118A.480. In the absence of
notice of the fact of abandonment, it is presumed that the tenant
has abandoned a dwelling unit if he is absent from the premises for
a period of time equal to one-half the time for periodic rental
payments, unless the rent is current or the tenant has in writing
notified the landlord of an intended absence. NRS 118A.450
(Added to NRS by 1977, 1341)
Procedure for disposal of personal property abandoned or
left on premises:
1. The landlord may dispose of personal property abandoned
on the premises by a former tenant or left on the premises after
eviction of the tenant without incurring civil or criminal liability
in the following manner:
(a) The landlord shall reasonably provide for the safe storage
of the property for 30 days after the abandonment or eviction or the
end of the rental period and may charge and collect the reasonable
and actual costs of inventory, moving and storage before releasing
the property to the tenant or his authorized representative
rightfully claiming the property within that period. The landlord is
liable to the tenant only for his negligent or wrongful acts in
storing the property.
(b) After the expiration of the 30?day period, the landlord may
dispose of the property and recover his reasonable costs out of the
property or the value thereof if he has made reasonable efforts to
locate the tenant, has notified the tenant in writing of his
intention to dispose of the property and 14 days have elapsed since
the notice was given to the tenant. The notice must be mailed to the
tenant at the tenant's present address, and if that address is
unknown, then at the tenant's last known address.
(c) Vehicles must be disposed of in the manner provided in
chapter 487 of NRS for abandoned vehicles.
2. Any dispute relating to the amount of the costs claimed
by the landlord pursuant to paragraph (a) of subsection 1 may be
resolved using the procedure provided in subsection 7 of NRS 40.253.
NRS 118A.460
(Added to NRS by 1977, 1341; A 1987, 1240; 1995, 1855)
Holding over by tenant: If a tenant remains in
possession without the landlord's consent after expiration of the
term of the rental agreement or its termination, the landlord may
bring an action for possession and for rent and the landlord may
also recover his actual damages. If the landlord consents to the
tenant's continued occupancy, the tenancy is from week to week in
the case of a tenant who pays weekly rent, and in all other cases
the tenancy is from month to month. Such occupancy is otherwise on
the same terms and conditions as were contained in the rental
agreement unless specifically agreed otherwise. NRS 118A.470
(Added to NRS by 1977, 1342)
Landlord's recovery of possession of dwelling unit:
The landlord shall not recover or take possession of the dwelling
unit by action or otherwise, including willful diminution or
interruption or causing or permitting the diminution or interruption
of any essential service required by the rental agreement or this
chapter, except:
1. By an action for possession or other civil action or
summary proceeding in which the issue of right of possession is
determined;
2. When the tenant has surrendered possession of the
dwelling unit to the landlord; or
3. When the tenant has abandoned the dwelling unit as
provided in NRS 118A.450. NRS 118A.480
(Added to NRS by 1977, 1342)
Actions based upon nonpayment of rent: Counterclaim by
tenant; deposit of rent with court; judgment for eviction:
1. In an action for possession based upon nonpayment of
rent or in an action for rent where the tenant is in possession, the
tenant may defend and counterclaim for any amount which he may
recover under the rental agreement, this chapter, or other
applicable law. If it appears that there is money which may be due
to the landlord by the tenant after the day of the hearing or if a
judgment is delayed for any reason, the court shall
require a tenant who remains in possession of the premises to
deposit with the court a just and reasonable amount to satisfy the
obligation, but not more than 1 day's rent for each day until the
new hearing date. The court shall order the tenant to pay the
landlord any rent which is not in dispute and shall determine the
amount due to each party. Upon the application of either party, the
court, after notice and opportunity for a
hearing, may for good cause release to either party all or any
portion of the rent paid into court by the tenant. The court shall
award the prevailing party the amount owed and shall give judgment
for any other amount which is due.
2. In any action for rent where the tenant is not in
possession, the tenant may counterclaim as provided in subsection 1
but is not required to pay any rent into court.
3. When the court renders a decision on the landlord's
claim for possession, it shall distribute any rent paid into court
under subsection 1 upon a determination of the amount due to each
party.
4. If a tenant fails to deposit with the court within 24
hours after the original hearing the entire amount required pursuant
to subsection 1, the tenant relinquishes his right to a hearing and
the court shall at that time grant a judgment for eviction without
further hearing. NRS 118A.490
(Added to NRS by 1977, 1342; A 1985, 1419)
Tenant's refusal to allow lawful access to dwelling unit;
landlord's abuse of access:
1. If the tenant refuses to allow lawful access as
required by the rental agreement or this chapter, the landlord may
obtain injunctive relief to compel access or terminate the rental
agreement. In either case the landlord may recover actual damages.
2. If the landlord makes an unlawful entry or a lawful
entry in an unreasonable manner or makes repeated demands for
entry otherwise lawful but which have the effect of unreasonably
harassing the tenant, the tenant may obtain injunctive relief to
prevent the recurrence of the conduct or terminate the rental
agreement. In either case the tenant may recover actual damages.
NRS 118A.500
(Added to NRS by 1977, 1343)
Retaliatory conduct by landlord against tenant prohibited;
remedies; exceptions:
1. Except as otherwise provided in subsection 3, the
landlord may not, in retaliation, terminate a tenancy, refuse to
renew a tenancy, increase rent or decrease essential services
required by the rental agreement or this chapter, or bring or
threaten to bring an action for possession if:
(a) The tenant has complained in good faith of a violation of a
building, housing or health code applicable to the premises and
affecting health or safety to a governmental agency charged with the
responsibility for the enforcement of that code;
(b) The tenant has complained in good faith to the landlord or a
law enforcement agency of a violation of this chapter or of a
specific statute that imposes a criminal penalty;
(c) The tenant has organized or become a member of a tenant's
union or similar organization;
(d) A citation has been issued resulting from a complaint
described in paragraph (a);
(e) The tenant has instituted or defended against a judicial or
administrative proceeding or arbitration in which he raised an issue
of compliance with the requirements of this chapter respecting the
habitability of dwelling units;
(f) The tenant has failed or refused to give written consent to
a regulation adopted by the landlord, after the tenant enters into
the rental agreement, which requires the landlord to wait until the
appropriate time has elapsed before it is enforceable against the
tenant; or
(g) The tenant has complained in good faith to the landlord, a
government agency, an attorney, a fair housing agency or any other
appropriate body of a violation of NRS 118.010 to 118.120,
inclusive, or the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et
seq., or has otherwise exercised rights which are guaranteed or
protected under those laws.
2. If the landlord violates any provision of subsection 1,
the tenant is entitled to the remedies provided in NRS 118A.390 and
has a defense in any retaliatory action by the landlord for
possession.
3. A landlord who acts under the circumstances described
in subsection 1 does not violate that subsection if:
(a) The violation of the applicable building, housing or health
code of which the tenant complained was caused primarily by the lack
of reasonable care by the tenant, a member of his household or other
person on the premises with his consent;
(b) The tenancy is terminated with cause;
(c) A citation has been issued and compliance with the
applicable building, housing or health code requires alteration,
remodeling or demolition and cannot be accomplished unless the
tenant's dwelling unit is vacant; or
(d) The increase in rent applies in a uniform manner to all
tenants.
The maintenance of an action under this subsection does not
prevent the tenant from seeking damages or injunctive relief for the
landlord's failure to comply with the rental agreement or maintain
the dwelling unit in a habitable condition as required by this
chapter. NRS 118A.510
(Added to NRS by 1977, 1343; A 1985, 1417; 1999, 1230)
When lien or security interest in tenant's household goods
may be enforced; distraint for rent abolished; damages:
1. Any lien or security interest in the tenant's household
goods created in favor of the landlord to ensure the payment of rent
is unenforceable unless created by attachment or garnishment.
2. Distraint for rent is abolished.
3. A landlord who retains the household goods or other
personal property of a tenant in violation of this section is liable
to the tenant for damages as provided in NRS 118A.390. NRS
118A.520
(Added to NRS by 1977, 1344; A 1985, 1418) SAVING
PROVISION
Effect of chapter upon rental agreements entered into
before July 1, 1977: Rental agreements entered into before July
1, 1977, and not extended or renewed after that date, and the
rights, duties and interests flowing from them remain valid and may
be terminated or enforced as required or permitted by any statute or
other law amended or repealed in conjunction with the enactment of
this chapter as though the repeal or amendment had not occurred. For
purposes of this section, tenancies from month to month shall be
considered to be renewed each month. NRS 118A.530
(Added to NRS by 1977, 1344)
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