USA Statutes : nevada
Title : Title 10 - PROPERTY RIGHTS AND TRANSACTIONS
Chapter : CHAPTER 118A - LANDLORD AND TENANT: DWELLINGS
This chapter may be cited as the
Residential Landlord and Tenant Act.
(Added to NRS by 1977, 1330)
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.
(Added to NRS by 1977, 1330)
“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.
(Added to NRS by 1977, 1330)
“Action” includes counterclaim,
crossclaim, third-party claim or any other proceeding in which rights are
determined.
(Added to NRS by 1977, 1330)
“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,
Ê of any premises or dwelling unit.
(Added to NRS by 1977, 1330)
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.
(Added to NRS by 1977, 1331)
“Court” means the district court,
Justice Court or other court of competent jurisdiction situated in the
county or township wherein the premises are located.
(Added to NRS by 1977, 1331)
“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.
(Added to NRS by 1977, 1331)
“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.
(Added to NRS by 1977, 1331)
“Landlord” means a person who
provides a dwelling unit for occupancy by another pursuant to a rental
agreement.
(Added to NRS by 1977, 1331)
“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.
(Added to NRS by 1977, 1331)
“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.
(Added to NRS by 1977, 1331)
“Person” includes a government, a
governmental agency and a political subdivision of a government.
(Added to NRS by 1977, 1331; A 1985, 507)
“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.
(Added to NRS by 1977, 1331)
“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.
(Added to NRS by 1977, 1331; A 1999, 984 )
“Rental agreement” means
any oral or written agreement for the use and occupancy of a dwelling
unit or premises.
(Added to NRS by 1977, 1331)
“Tenant” means a person entitled
under a rental agreement to occupy a dwelling unit to the exclusion of
others.
(Added to NRS by 1977, 1332)
1. Except as otherwise 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) Residence in an institution, public or private, incident to
detention or the provision of medical, geriatric, educational,
counseling, religious or similar service;
(d) 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;
(e) Occupancy by a member of a fraternal or social organization in
the portion of a structure operated for the benefit of the organization;
(f) 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;
(g) Occupancy by an employee of a landlord whose right to occupancy
is solely conditional upon employment in or about the premises;
(h) Occupancy by an owner of a condominium unit or by a holder of a
proprietary lease in a cooperative apartment; or
(i) Occupancy under a rental agreement covering premises used by
the occupant primarily for agricultural purposes.
(Added to NRS by 1977, 1332; A 1985, 1413; 1999, 1228 ; 2003, 2967 ; 2005, 1009 )
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.
(Added to NRS by 1977, 1332)
1. Any written agreement for the use and occupancy of a dwelling
unit or premises must be signed by the landlord or his agent and the
tenant or his agent.
2. Any written rental agreement must 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.
(l) A summary of the provisions of NRS 202.470 .
(m) Information regarding the procedure pursuant to which a tenant
may report to the appropriate authorities:
(1) A nuisance.
(2) A violation of a building, safety or health code or
regulation.
(n) Information regarding the right of the tenant to engage in the
display of the flag of the United States, as set forth in NRS 118A.325
.
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.
(Added to NRS by 1977, 1333; A 2001, 1352 ; 2003, 2968 )
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.
(Added to NRS by 1977, 1333)
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.
(Added to NRS by 1977, 1333)
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.
(Added to NRS by 1977, 1332)
OBLIGATIONS OF LANDLORD
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.
(Added to NRS by 1977, 1334; A 1981, 1184; 1985, 1414)
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.
(Added to NRS by 1977, 1334; A 1981, 1184; 1985, 1414)
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 .
Ê 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.
(Added to NRS by 1977, 1334; A 1981, 1184; 1985, 1413, 1414)
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.
(Added to NRS by 1977, 1335)
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 who resides in
the county or within 60 miles of where the premises are located 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.
(Added to NRS by 1977, 1335; A 1981, 1185; 2001, 1353 ; 2003, 817 )
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.
Ê The notices shall be kept current and reasonable efforts shall be made
to maintain them in a visible position and legible condition.
(Added to NRS by 1977, 1335)
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.
(Added to NRS by 1977, 1336)
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.
(Added to NRS by 1977, 1336; A 1999, 1229 )
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.
(Added to NRS by 1977, 1336; A 1983, 1574)
OBLIGATIONS OF TENANT
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.
(Added to NRS by 1977, 1336)
MISCELLANEOUS RIGHTS AND OBLIGATIONS OF LANDLORD AND TENANT
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.
(Added to NRS by 1977, 1337)
1. Except as otherwise provided in subsection 2, a landlord or an
agent or employee of a landlord shall not prohibit a tenant from engaging
in the display of the flag of the United States within such physical
portion of the premises as that tenant has a right to occupy and use
exclusively.
2. The provisions of this section do not:
(a) Apply to the display of the flag of the United States for
commercial advertising purposes.
(b) Preclude a landlord or an agent or employee of a landlord from
adopting rules that reasonably restrict the placement and manner of the
display of the flag of the United States by a tenant.
3. In any action commenced to enforce the provisions of this
section, the prevailing party is entitled to recover reasonable
attorney’s fees and costs.
4. As used in this section, “display of the flag of the United
States” means a flag of the United States that is:
(a) Made of cloth, fabric or paper;
(b) Displayed from a pole or staff or in a window; and
(c) Displayed in a manner that is consistent with 4 U.S.C. Chapter
1.
Ê The term does not include a depiction or emblem of the flag of the
United States that is made of balloons, flora, lights, paint, paving
materials, roofing, siding or any other similar building, decorative or
landscaping component.
(Added to NRS by 2003, 2967 )
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 .
(Added to NRS by 1977, 1337)
1. Except as otherwise provided in subsection 4, a landlord of
dwelling units intended and operated exclusively for persons 55 years of
age and older may not employ any person who will work 36 hours or more
per week and who will have access to all dwelling units to perform work
on the premises unless the person has obtained a work card issued
pursuant to subsection 2 by the sheriff of the county in which the
dwelling units are located and renewed that work card as necessary.
2. The sheriff of a county shall issue a work card to each person
who is required by this section to obtain a work card and who complies
with the requirements established by the sheriff for the issuance of such
a card. A work card issued pursuant to this section must be renewed:
(a) Every 5 years; and
(b) Whenever the person changes his employment to perform work for
an employer other than the employer for which his current work card was
issued.
3. If the sheriff of a county requires an applicant for a work
card to be investigated:
(a) The applicant must submit with his application a complete set
of his fingerprints and written permission authorizing the sheriff to
forward the fingerprints to the Central Repository for Nevada Records of
Criminal History for submission to the Federal Bureau of Investigation
for its report.
(b) The sheriff may submit the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation to determine the criminal history of the
applicant.
(c) The sheriff shall issue a temporary work card pending the
determination of the criminal history of the applicant by the Federal
Bureau of Investigation.
4. The following persons are not required to obtain a work card
pursuant to this section:
(a) A person who holds a permit to engage in property management
pursuant to chapter 645 of NRS.
(b) An independent contractor. As used in this paragraph,
“independent contractor” means a person who performs services for a fixed
price according to his own methods and without subjection to the
supervision or control of the landlord, except as to the results of the
work, and not as to the means by which the services are accomplished.
(c) An offender in the course and scope of his employment in a work
program directed by the warden, sheriff, administrator or other person
responsible for administering a prison, jail or other detention facility.
(d) A person performing work through a court-assigned restitution
or community-service program.
(Added to NRS by 2003, 1250 )
1. Notwithstanding any provision in a lease of a dwelling to the
contrary, if a physical or mental condition of a tenant requires the
relocation of the tenant from his dwelling because of a need for care or
treatment that cannot be provided in the dwelling and the tenant is 60
years of age or older or has a physical or mental disability:
(a) That tenant may terminate the lease by giving the landlord 30
days’ written notice within 60 days after the tenant relocates; and
(b) A cotenant of that tenant may terminate the lease by giving the
landlord 30 days’ written notice within 60 days after the tenant
relocates if:
(1) The cotenant became a tenant of the dwelling before the
date on which the lease was signed by the tenant who is relocating and
the cotenant is 60 years of age or older or has a physical or mental
disability; or
(2) The cotenant became a tenant of the dwelling on or after
the date on which the lease was signed by the tenant who is relocating.
2. Notwithstanding any provision in a lease of a dwelling to the
contrary, upon the death of the spouse or cotenant of:
(a) A tenant who is 60 years of age or older; or
(b) A tenant who has a physical or mental disability,
Ê the tenant may terminate the lease by giving the landlord 60 days’
written notice within 3 months after the death.
3. The written notice provided to a landlord pursuant to
subsection 1 or 2 must set forth the facts which demonstrate that the
tenant or cotenant is entitled to terminate the lease. If the tenant or
cotenant is terminating the lease pursuant to subsection 1, the tenant or
cotenant shall include reasonable verification:
(a) Of the existence of the physical or mental condition of the
tenant; and
(b) That the physical or mental condition requires the relocation
of the tenant from his dwelling because of a need for care or treatment
that cannot be provided in the dwelling.
4. This section does not give a landlord the right to terminate a
lease solely because of the death of one of the tenants.
5. As used in this section, “cotenant” means a tenant who,
pursuant to a lease, is entitled to occupy a dwelling that another tenant
who is 60 years of age or older or who has a physical or mental
disability is also entitled to occupy pursuant to the same lease.
(Added to NRS by 1977, 1338; A 2005, 314 )
REMEDIES
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.
(Added to NRS by 1977, 1338; A 1985, 1415)
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.
(Added to NRS by 1977, 1339)
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.
(Added to NRS by 1977, 1339)
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 services 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 subsection 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.
(Added to NRS by 1977, 1339; A 1985, 1416; 1987, 314; 1999, 1230
)
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 immediate possession pursuant to
subsection 4, 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 pursuant to subsection 1,
the landlord shall return all prepaid rent and security recoverable under
this chapter.
4. Except as otherwise provided in subsection 5, the tenant may
recover immediate possession of the premises from the landlord by filing
a verified complaint for expedited relief for the unlawful removal or
exclusion of the tenant from the premises or the willful interruption of
essential services.
5. A verified complaint for expedited relief:
(a) Must be filed with the court within 5 judicial days after the
date of the unlawful act by the landlord, and the verified complaint must
be dismissed if it is not timely filed. If the verified complaint for
expedited relief is dismissed pursuant to this paragraph, the tenant
retains the right to pursue all other available remedies against the
landlord.
(b) May not be filed with the court if an action for summary
eviction or unlawful detainer is already pending between the landlord and
tenant, but the tenant may seek similar relief before the judge presiding
over the pending action.
6. The court shall conduct a hearing on the verified complaint for
expedited relief within 3 judicial days after the filing of the verified
complaint for expedited relief. Before or at the scheduled hearing, the
tenant must provide proof that the landlord has been properly served with
a copy of the verified complaint for expedited relief. Upon the hearing,
if it is determined that the landlord has violated any of the provisions
of subsection 1, the court may:
(a) Order the landlord to restore to the tenant the premises or
essential services, or both;
(b) Award damages pursuant to subsection 1; and
(c) Enjoin the landlord from violating the provisions of subsection
1 and, if the circumstances so warrant, hold the landlord in contempt of
court.
7. The payment of all costs and official fees must be deferred for
any tenant who files a verified complaint for expedited relief. After any
hearing and not later than final disposition of the filing or order, the
court shall assess the costs and fees against the party that does not
prevail, except that the court may reduce them or waive them, as justice
may require.
(Added to NRS by 1977, 1340; A 1985, 1417; 2003, 426 )
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.
(Added to NRS by 1977, 1340)
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.
(Added to NRS by 1977, 1341)
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.
(Added to NRS by 1977, 1341)
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.
(Added to NRS by 1977, 1341)
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.
(Added to NRS by 1977, 1341)
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.
(Added to NRS by 1977, 1341)
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 .
(Added to NRS by 1977, 1341; A 1987, 1240; 1995, 1855)
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.
(Added to NRS by 1977, 1342)
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 .
(Added to NRS by 1977, 1342)
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.
(Added to NRS by 1977, 1342; A 1985, 1419)
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.
(Added to NRS by 1977, 1343)
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.
Ê 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.
(Added to NRS by 1977, 1343; A 1985, 1417; 1999, 1230 )
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 .
(Added to NRS by 1977, 1344; A 1985, 1418)
SAVING PROVISION
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.
(Added to NRS by 1977, 1344)
