[Rev. 11/21/2013 9:37:51 AM--2013]

CHAPTER 118A - LANDLORD AND TENANT: DWELLINGS

GENERAL PROVISIONS

NRS 118A.010        Short title.

NRS 118A.020        Definitions.

NRS 118A.030        “Abandoned property” defined.

NRS 118A.040        “Action” defined.

NRS 118A.050        “Building, housing and health codes” defined.

NRS 118A.060        “Cause” defined.

NRS 118A.070        “Court” defined.

NRS 118A.080        “Dwelling” and “dwelling unit” defined.

NRS 118A.090        “Exclude” defined.

NRS 118A.100        “Landlord” defined.

NRS 118A.110        “Normal wear” defined.

NRS 118A.120        “Owner” defined.

NRS 118A.130        “Person” defined.

NRS 118A.140        “Premises” defined.

NRS 118A.150        “Rent” defined.

NRS 118A.160        “Rental agreement” defined.

NRS 118A.170        “Tenant” defined.

NRS 118A.180        Applicability.

NRS 118A.190        Notice: Definition; service.

NRS 118A.200        Rental agreements: Signing; copies; required provisions; disputable presumptions; use of nonconforming agreement unlawful.

NRS 118A.210        Rental agreements: Payment of rent; term of tenancy.

NRS 118A.220        Rental agreements: Prohibited provisions.

NRS 118A.230        Rental agreements: Unconscionability.

OBLIGATIONS OF LANDLORD

NRS 118A.240        “Security” defined.

NRS 118A.242        Security: Limitation on amount or value; surety bond in lieu of security; duties and liability of landlord; damages; disputing itemized accounting of security; prohibited provisions.

NRS 118A.244        Notice or transfer of security or surety bond to tenant and successor in interest required upon transfer of dwelling unit.

NRS 118A.250        Receipts for security, surety bond, rent and other payments.

NRS 118A.260        Disclosure of names and addresses of managers and owners; emergency telephone number; service of process.

NRS 118A.270        Alternative method of disclosure.

NRS 118A.275        Disclosure of foreclosure proceedings on premises to prospective tenant; willful violation constitutes deceptive trade practice by landlord.

NRS 118A.280        Delivery of possession of premises.

NRS 118A.290        Habitability of dwelling unit.

NRS 118A.300        Advance notice of increase of rent.

OBLIGATIONS OF TENANT

NRS 118A.310        Basic obligations.

MISCELLANEOUS RIGHTS AND OBLIGATIONS OF LANDLORD AND TENANT

NRS 118A.320        Rules or regulations of landlord.

NRS 118A.325        Right of tenant to display flag of the United States in certain areas; conditions and limitations on exercise of right.

NRS 118A.330        Landlord’s access to dwelling unit.

NRS 118A.335        Landlord prohibited from employing certain persons without work card under certain circumstances; requirements governing issuance and renewal of work card; exceptions.

NRS 118A.340        Right of tenant or cotenant to terminate lease due to physical or mental disability or death.

NRS 118A.345        Right of tenant or cotenant to terminate lease due to domestic violence.

NRS 118A.347        Form of affidavit for written notice terminating lease due to domestic violence.

REMEDIES

NRS 118A.350        Failure of landlord to comply with rental agreement.

NRS 118A.355        Failure of landlord to maintain dwelling unit in habitable condition.

NRS 118A.360        Failure of landlord to comply with rental agreement or maintain dwelling unit in habitable condition where cost of compliance less than specified amount.

NRS 118A.370        Failure of landlord to deliver possession of dwelling unit.

NRS 118A.380        Failure of landlord to supply essential items or services.

NRS 118A.390        Unlawful removal or exclusion of tenant or willful interruption of essential items or services; procedure for expedited relief.

NRS 118A.400        Damage or destruction of dwelling unit by fire or casualty.

NRS 118A.410        Failure of landlord to disclose required information to tenant.

NRS 118A.420        Failure of tenant to comply with rental agreement or perform basic obligations: Damages; injunctive relief.

NRS 118A.430        Failure of tenant to comply with rental agreement or perform basic obligations: Termination of rental agreement.

NRS 118A.440        Failure of tenant to perform basic obligations: Remedial work by landlord may be charged to tenant.

NRS 118A.450        Abandonment of dwelling unit by tenant: Remedies; presumption.

NRS 118A.460        Procedure for disposal of personal property abandoned or left on premises.

NRS 118A.470        Holding over by tenant.

NRS 118A.480        Landlord’s recovery of possession of dwelling unit.

NRS 118A.490        Actions based upon nonpayment of rent: Counterclaim by tenant; deposit of rent with court; judgment for eviction.

NRS 118A.500        Tenant’s refusal to allow lawful access to dwelling unit; landlord’s abuse of access.

NRS 118A.510        Retaliatory conduct by landlord against tenant prohibited; remedies; exceptions.

NRS 118A.520        When lien or security interest in tenant’s household goods may be enforced; distraint for rent abolished; damages.

SAVING PROVISION

NRS 118A.530        Effect of chapter upon rental agreements entered into before July 1, 1977.

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GENERAL PROVISIONS

      NRS 118A.010  Short title.  This chapter may be cited as the Residential Landlord and Tenant Act.

      (Added to NRS by 1977, 1330)

      NRS 118A.020  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.

      (Added to NRS by 1977, 1330)

      NRS 118A.030  “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.

      (Added to NRS by 1977, 1330)

      NRS 118A.040  “Action” defined.  “Action” includes counterclaim, crossclaim, third-party claim or any other proceeding in which rights are determined.

      (Added to NRS by 1977, 1330)

      NRS 118A.050  “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,

Ę of any premises or dwelling unit.

      (Added to NRS by 1977, 1330)

      NRS 118A.060  “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.

      (Added to NRS by 1977, 1331)

      NRS 118A.070  “Court” defined.  “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)

      NRS 118A.080  “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.

      (Added to NRS by 1977, 1331)

      NRS 118A.090  “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.

      (Added to NRS by 1977, 1331)

      NRS 118A.100  “Landlord” defined.  “Landlord” means a person who provides a dwelling unit for occupancy by another pursuant to a rental agreement.

      (Added to NRS by 1977, 1331)

      NRS 118A.110  “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 the tenant’s household or other person on the premises with the tenant’s consent.

      (Added to NRS by 1977, 1331)

      NRS 118A.120  “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.

      (Added to NRS by 1977, 1331)

      NRS 118A.130  “Person” defined.  “Person” includes a government, a governmental agency and a political subdivision of a government.

      (Added to NRS by 1977, 1331; A 1985, 507)

      NRS 118A.140  “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.

      (Added to NRS by 1977, 1331)

      NRS 118A.150  “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.

      (Added to NRS by 1977, 1331; A 1999, 984)

      NRS 118A.160  “Rental agreement” defined.  “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)

      NRS 118A.170  “Tenant” defined.  “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)

      NRS 118A.180  Applicability.

      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 or her 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)

      NRS 118A.190  Notice: Definition; service.

      1.  A person has notice of a fact if:

      (a) The person has actual knowledge of it;

      (b) The person has received a notice or notification of it; or

      (c) From all the facts and circumstances the person 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)

      NRS 118A.200  Rental agreements: Signing; copies; required provisions; disputable presumptions; use of nonconforming agreement unlawful.

      1.  Any written agreement for the use and occupancy of a dwelling unit or premises must be signed by the landlord or his or her agent and the tenant or his or her agent.

      2.  The landlord shall provide one copy of any written agreement described in subsection 1 to the tenant free of cost at the time the agreement is executed and, upon request of the tenant, provide additional copies of any such agreement to the tenant within a reasonable time. The landlord may charge a reasonable fee for providing the additional copies.

      3.  Any written rental agreement must contain, but is not limited to, provisions relating to the following subjects:

      (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.

      4.  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.

      5.  It is unlawful for a landlord or any person authorized to enter into a rental agreement on his or her behalf to use any written agreement which does not conform to the provisions of this section, and any provision in an agreement which contravenes the provisions of this section is void.

      (Added to NRS by 1977, 1333; A 2001, 1352; 2003, 2968; 2007, 1282)

      NRS 118A.210  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.

      (Added to NRS by 1977, 1333)

      NRS 118A.220  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.

      (Added to NRS by 1977, 1333)

      NRS 118A.230  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.

      (Added to NRS by 1977, 1332)

OBLIGATIONS OF LANDLORD

      NRS 118A.240  “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:

      (a) Any payment, deposit or fee to secure an option to purchase the premises; or

      (b) Any payment to a corporation qualified under the laws of this State as a surety, guarantor or obligator for a premium paid to secure a surety bond or a similar bond, guarantee or insurance coverage for purposes of securing a tenant’s obligations to a landlord as described in NRS 118A.242.

      (Added to NRS by 1977, 1334; A 1981, 1184; 1985, 1414; 2009, 488)

      NRS 118A.242  Security: Limitation on amount or value; surety bond in lieu of security; duties and liability of landlord; damages; disputing itemized accounting of security; prohibited provisions.

      1.  The landlord may not demand or receive security or a surety bond, or a combination thereof, including the last month’s rent, whose total amount or value exceeds 3 months’ periodic rent.

      2.  In lieu of paying all or part of the security required by the landlord, a tenant may, if the landlord consents, purchase a surety bond to secure the tenant’s obligation to the landlord under the rental agreement to:

      (a) Remedy any default of the tenant in the payment of rent.

      (b) Repair damages to the premises other than normal wear and tear.

      (c) Clean the dwelling unit.

      3.  The landlord:

      (a) Is not required to accept a surety bond purchased by the tenant in lieu of paying all or part of the security; and

      (b) May not require a tenant to purchase a security bond in lieu of paying all or part of the security.

      4.  Upon termination of the tenancy by either party for any reason, the landlord may claim of the security or surety bond, or a combination thereof, 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 or surety bond, or a combination thereof, 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 the tenant personally at the place where the rent is paid, or by mailing it to the tenant at the tenant’s present address or, if that address is unknown, at the tenant’s last known address.

      5.  If a tenant disputes an item contained in an itemized written accounting received from a landlord pursuant to subsection 4, the tenant may send a written response disputing the item to the surety. If the tenant sends the written response within 30 days after receiving the itemized written accounting, the surety shall not report the claim of the landlord to a credit reporting agency unless the surety obtains a judgment against the tenant.

      6.  If the landlord fails or refuses to return the remainder of a security deposit within 30 days after the end of a tenancy, the landlord 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.

      7.  In determining the sum, if any, to be awarded under paragraph (b) of subsection 6, 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.

      8.  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.

      9.  The claim of a tenant to security to which the tenant 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; 2009, 488)

      NRS 118A.244  Notice or transfer of security or surety bond 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 or her agent shall, within a reasonable time, do one of the following, which relieves the landlord of further liability with respect to the security or surety bond, or a combination thereof:

      (a) Notify the tenant in writing of the name, address and telephone number of the landlord’s successor in interest, and that the landlord has transferred to his or her successor in interest the portion of the security or surety bond, or combination thereof, 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.

Ę 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 or she records a deed transferring any dwelling unit:

      (a) Transfer to his or her successor, in writing, the portion of any tenant’s security deposit or other money held by the landlord which remains after making any deductions allowed under NRS 118A.242; or

      (b) Notify his or her successor in writing that the landlord has returned all such deposits or portions thereof to the tenant.

      3.  Upon the termination of a landlord’s interest in the dwelling unit, whether by sale, assignment, death, appointment of receiver or otherwise, the successor in interest:

      (a) Shall accept the tenant’s security or surety bond, or a combination thereof; and

      (b) Shall not require any additional security or surety bond, or a combination thereof, from the tenant during the term of the rental agreement.

      (Added to NRS by 1977, 1334; A 1981, 1184; 1985, 1413, 1414; 2009, 489)

      NRS 118A.250  Receipts for security, surety bond, rent and other payments.  The landlord shall deliver to the tenant upon the tenant’s request a signed written receipt for the security or surety bond, or a combination thereof, 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; A 2009, 490)

      NRS 118A.260  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 or her 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 within this State 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 or her rental property, service of process upon the manager of the property or a person described in paragraph (a) of subsection 1 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 or her 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; 2007, 1283)

      NRS 118A.270  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.

Ę 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)

      NRS 118A.275  Disclosure of foreclosure proceedings on premises to prospective tenant; willful violation constitutes deceptive trade practice by landlord.

      1.  A landlord shall disclose in writing to a prospective tenant if the property to be leased or rented is the subject of any foreclosure proceedings.

      2.  A willful violation of subsection 1 constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      (Added to NRS by 2009, 2791)

      NRS 118A.280  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.

      (Added to NRS by 1977, 1336)

      NRS 118A.290  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 violates provisions of housing or health codes concerning the health, safety, sanitation or fitness for habitation of the dwelling unit or 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 or her agent has refused to perform them.

      (Added to NRS by 1977, 1336; A 1999, 1229; 2007, 1284)

      NRS 118A.300  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 the tenant of the increase.

      (Added to NRS by 1977, 1336; A 1983, 1574)

OBLIGATIONS OF TENANT

      NRS 118A.310  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 or herself and require other persons on the premises with his or her 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

      NRS 118A.320  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;

      (f) It does not affect the tenant’s obligation to pay rent, utilities or other charges;

      (g) It does not affect, before the end of the duration of the rental agreement, any right the tenant may have under the rental agreement to keep a pet; and

      (h) The tenant has notice of the rule or regulation at the time the tenant 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 the rule or regulation in writing; or

      (b) Who has 30 days’ advance written notice of the rule or regulation.

      (Added to NRS by 1977, 1337; A 2007, 1285)

      NRS 118A.325  Right of tenant to display flag of the United States in certain areas; conditions and limitations on exercise of right.

      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.

Ę 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)

      NRS 118A.330  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, workers, 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)

      NRS 118A.335  Landlord prohibited from employing certain persons without work card under certain circumstances; requirements governing issuance and renewal of work card; exceptions.

      1.  Except as otherwise provided in subsection 6, 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 or her employment to perform work for an employer other than the employer for which the person’s current work card was issued.

      3.  Except as otherwise provided in subsection 4, if the sheriff of a county requires an applicant for a work card to be investigated:

      (a) The applicant must submit with his or her application a complete set of his or her 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 shall 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 may issue a temporary work card pending the determination of the criminal history of the applicant by the Federal Bureau of Investigation.

      4.  The sheriff of a county shall not require an investigation of the criminal history of an employee or independent contractor of an agency or facility governed by NRS 449.122 to 449.125, inclusive, and 449.174 who has had his or her fingerprints submitted to the Central Repository for Nevada Records of Criminal History pursuant to NRS 449.123 for an investigation of his or her criminal history within the immediately preceding 6 months.

      5.  The sheriff shall not issue a work card to any person who:

      (a) Has been convicted of a category A, B or C felony or of a crime in another state which would be a category A, B or C felony if committed in this State;

      (b) Has been convicted of a sexual offense;

      (c) Has been convicted of a crime against any person who is 60 years of age or older or against a vulnerable person for which an additional term of imprisonment may be imposed pursuant to NRS 193.167 or the laws of any other jurisdiction;

      (d) Has been convicted of a battery punishable as a gross misdemeanor; or

      (e) Within the immediately preceding 5 years:

             (1) Has been convicted of a theft; or

             (2) Has been convicted of a violation of any state or federal law regulating the possession, distribution or use of a controlled substance.

      6.  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 the person’s 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 or her 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.

      7.  If the sheriff does not issue a work card to a person because the information received from the Central Repository for Nevada Records of Criminal History indicates that the person has been convicted of a crime listed in subsection 5 and the person believes that the information provided by the Central Repository is incorrect, the person may immediately inform the sheriff. If the sheriff is so informed, the sheriff shall give the person at least 30 days in which to correct the information before terminating the temporary work card issued pursuant to subsection 3.

      8.  As used in this section, unless the context otherwise requires:

      (a) “Sexual offense” has the meaning ascribed to it in NRS 179D.097.

      (b) “Vulnerable person” has the meaning ascribed to it in NRS 200.5092.

      (Added to NRS by 2003, 1250; A 2007, 1264; 2009, 154)

      NRS 118A.340  Right of tenant or cotenant to terminate lease due to physical or mental disability or death.

      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 or her 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,

Ę 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 or her 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)

      NRS 118A.345  Right of tenant or cotenant to terminate lease due to domestic violence.

      1.  Notwithstanding any provision in a rental agreement to the contrary, if a tenant, cotenant or household member is the victim of domestic violence, the tenant or any cotenant may terminate the rental agreement by giving the landlord written notice of termination effective at the end of the current rental period or 30 days after the notice is provided to the landlord, whichever occurs sooner.

      2.  The written notice provided to a landlord pursuant to subsection 1 must describe the reason for the termination of the rental agreement and be accompanied by:

      (a) A copy of an order for protection against domestic violence issued to the tenant, cotenant or household member who is the victim of domestic violence;

      (b) A copy of a written report from a law enforcement agency indicating that the tenant, cotenant or household member notified the law enforcement agency of the domestic violence; or

      (c) A copy of a written affidavit in the form prescribed pursuant to NRS 118A.347 and signed by a qualified third party acting in his or her official capacity stating that the tenant, cotenant or household member is a victim of domestic violence and identifying the adverse party.

      3.  A tenant or cotenant may terminate a rental agreement pursuant to this section only if the actions, events or circumstances that resulted in the tenant, cotenant or household member becoming a victim of domestic violence occurred within the 90 days immediately preceding the written notice of termination to the landlord.

      4.  A tenant or cotenant who terminates a rental agreement pursuant to this section is only liable, if solely or jointly liable for purposes of the rental agreement, for any rent owed or required to be paid through the date of termination and any other outstanding obligations. If the tenant or cotenant has prepaid rent that would apply for the rental period in which the rental agreement is terminated, the landlord may retain the prepaid rent and no refund is due to the tenant or cotenant unless the amount of the prepaid rent exceeds what is owed for that rental period. Except as otherwise provided in NRS 118A.242, if the tenant or cotenant has paid a security deposit, the deposit must not be withheld for the early termination of the rental agreement if the rental agreement is terminated pursuant to this section.

      5.  A person who is named as the adverse party may be civilly liable for all economic losses incurred by a landlord for the early termination of a rental agreement pursuant to this section, including, without limitation, unpaid rent, fees relating to early termination, costs for the repair of any damages to the dwelling and any reductions in or waivers of rent previously extended to the tenant or cotenant who terminates the rental agreement pursuant to this section.

      6.  A landlord shall not provide to an adverse party any information concerning the whereabouts of a tenant, cotenant or household member if the tenant or cotenant provided notice pursuant to subsection 1.

      7.  If a tenant or cotenant provided notice pursuant to subsection 1, the tenant, the cotenant or a household member may require the landlord to install a new lock onto the dwelling if the tenant, cotenant or household member pays the cost of installing the new lock. A landlord complies with the requirements of this subsection by:

      (a) Rekeying the lock if the lock is in good working condition; or

      (b) Replacing the entire locking mechanism with a new locking mechanism of equal or superior quality.

      8.  A landlord who installs a new lock pursuant to subsection 7 may retain a copy of the new key. Notwithstanding any provision in a rental agreement to the contrary, the landlord shall:

      (a) Refuse to provide a key which unlocks the new lock to an adverse party.

      (b) Refuse to provide to an adverse party, whether or not that party is a tenant, cotenant or household member, access to the dwelling to reclaim property unless a law enforcement officer is present.

      9.  This section shall not be construed to limit a landlord’s right to terminate a rental agreement for reasons unrelated to domestic violence.

      10.  Notwithstanding any other provision of law, the termination of a rental agreement pursuant to this section:

      (a) Must not be disclosed, described or characterized as an early termination by a current landlord to a prospective landlord; and

      (b) Is not required to be disclosed as an early termination by a tenant or cotenant to a prospective landlord.

      11.  As used in this section:

      (a) “Adverse party” means a person who is named in an order for protection against domestic violence, a written report from a law enforcement agency or a written statement from a qualified third party and who is alleged to be the cause of the early termination of a rental agreement pursuant to this section.

      (b) “Cotenant” means a tenant who, pursuant to a rental agreement, is entitled to occupy a dwelling that another tenant is also entitled to occupy pursuant to the same rental agreement.

      (c) “Domestic violence” means the commission of any act described in NRS 33.018.

      (d) “Household member” means any person who is related by blood or marriage and is actually residing with a tenant or cotenant.

      (e) “Qualified third party” means:

             (1) A physician licensed to practice in this State;

             (2) A psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology, Inc. or the American Osteopathic Board of Neurology and Psychiatry of the American Osteopathic Association;

             (3) A psychologist licensed to practice in this State;

             (4) A social worker licensed to practice in this State;

             (5) A registered nurse holding a master’s degree in the field of psychiatric nursing and licensed to practice professional nursing in this State;

             (6) A marriage and family therapist or clinical professional counselor licensed to practice in this State pursuant to chapter 641A of NRS;

             (7) Any person employed by an agency or service which advises persons regarding domestic violence or refers them to persons or agencies where their request and needs can be met and who is licensed to provide health care pursuant to the provisions of title 54 of NRS, or is a member of the board of directors or serves as the executive director of an agency or service which advises persons regarding domestic violence or refers them to persons or agencies where their request and needs can be met; or

             (8) Any member of the clergy of a church or religious society or denomination that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501 (c)(3), who has been chosen, elected or appointed in conformity with the constitution, canons, rites, regulations or discipline of the church or religious society or denomination.

      (Added to NRS by 2013, 1413)

      NRS 118A.347  Form of affidavit for written notice terminating lease due to domestic violence.  An affidavit submitted by a tenant or cotenant pursuant to NRS 118A.345 must be in substantially the following form:

 

      

(Name of the qualified third party, as defined in NRS 118A.345, including, if applicable, the name of the organization with which the qualified third party is affiliated)

 

       I (and/or) .................................................................................................................

       (name of cotenant or household member)

am a victim of domestic violence as defined in NRS 118A.345.

 

       Brief description of incident(s) constituting domestic violence:

      

      

      

 

       The incident(s) that I described above occurred on the following date(s) and time(s), and in the following locations:

      

      

      

 

       The incident(s) that I described above were committed by the following person(s):

      

      

      

 

       I state under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.

 

       Dated this ....... day of ..............., 20....., at .................... (city), Nevada,

 

                                                                  

       (Signature of tenant, cotenant

       or household member)

 

       I verify that the person whose signature appears above was a victim of domestic violence and that the person informed me of the name of the adverse party as defined in NRS 118A.345.

 

       Dated this ....... day of ..............., 20....., at .................... (city), Nevada,

 

                                                                  

       (Signature of qualified third party)

 

      (Added to NRS by 2013, 1415)

REMEDIES

      NRS 118A.350  Failure of landlord to comply with rental agreement.

      1.  Except as otherwise provided in this chapter, if the landlord fails to comply with the rental agreement, 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 or her 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 the rental agreement for a condition caused by the tenant’s own deliberate or negligent act or omission or that of a member of his or her household or other person on the premises with his or her 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 the tenant 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 the landlord 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; 2007, 1285)

      NRS 118A.355  Failure of landlord to maintain dwelling unit in habitable condition.

      1.  Except as otherwise provided in this chapter, if a landlord fails to maintain a dwelling unit in a habitable condition as required by this chapter, the tenant shall deliver a written notice to the landlord specifying each failure by the landlord to maintain the dwelling unit in a habitable condition and requesting that the landlord remedy the failures. If a failure is remediable and the landlord adequately remedies the failure or uses his or her best efforts to remedy the failure within 14 days after receipt of the notice, the tenant may not proceed under this section. If the landlord fails to remedy a material failure to maintain the dwelling unit in a habitable condition or to 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.

      (d) Withhold any rent that becomes due 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 remedied, or has attempted in good faith to remedy, the failure.

      2.  The tenant may not proceed under this section:

      (a) For a condition caused by the tenant’s own deliberate or negligent act or omission or that of a member of his or her household or other person on the premises with his or her consent; or

      (b) If the landlord’s inability to adequately remedy the failure or use his or her best efforts to remedy the failure within 14 days is due to the tenant’s refusal to allow lawful access to the dwelling unit as required by the rental agreement or this chapter.

      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 the tenant has given notice as required by subsection 1, except that the tenant may, without giving that notice:

      (a) Recover damages under paragraph (b) of subsection 1 if the landlord:

             (1) Admits to the court that the landlord had knowledge of the condition constituting the failure to maintain the dwelling in a habitable condition; or

             (2) Has received written notice of that condition from a governmental agency authorized to inspect for violations of building, housing or health codes.

      (b) Withhold rent under paragraph (d) of subsection 1 if the landlord:

             (1) Has received written notice of the condition constituting the failure to maintain the dwelling in a habitable condition from a governmental agency authorized to inspect for violations of building, housing or health codes; and

             (2) Fails to remedy or attempt in good faith to remedy the failure within the time prescribed in the written notice of that condition from the governmental agency.

      5.  Justice courts shall establish by local rule a mechanism by which tenants may deposit rent withheld under paragraph (d) of subsection 1 into an escrow account maintained or approved by the court. A tenant does not have a defense to an eviction under paragraph (d) of subsection 1 unless the tenant has deposited the withheld rent into an escrow account pursuant to this subsection.

      (Added to NRS by 2007, 1281)

      NRS 118A.360  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 or her 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 or her 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 or her 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 person who performs repairs.

      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 the tenant’s household or other person on the premises with his or her 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 the tenant 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)

      NRS 118A.370  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.

      (Added to NRS by 1977, 1339)

      NRS 118A.380  Failure of landlord to supply essential items or 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, a functioning door lock or another essential item or service and the landlord 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 or her 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 items or 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 items or 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, the tenant 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 the tenant has given written notice as required by subsection 1, except that the tenant may, without having given that notice:

      (a) Recover damages as authorized under paragraph (b) of subsection 1 if the landlord:

             (1) Admits to the court that the landlord had knowledge of the lack of such essential items or services; or

             (2) 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.

      (b) Withhold rent under paragraph (c) of subsection 1 if the landlord:

             (1) Has received written notice of the condition constituting the breach from a governmental agency authorized to inspect for violations of building, housing or health codes; and

             (2) Fails to remedy or attempt in good faith to remedy the breach within the time prescribed in the written notice of that condition from the governmental agency.

      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 or her household or other person on the premises with his or her consent, the tenant has no rights under this section.

      (Added to NRS by 1977, 1339; A 1985, 1416; 1987, 314; 1999, 1230; 2007, 1286; 2011, 237)

      NRS 118A.390  Unlawful removal or exclusion of tenant or willful interruption of essential items or services; procedure for expedited relief.

      1.  If the landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenant’s entry upon the premises, willfully interrupts or causes or permits the interruption of any essential item or service required by the rental agreement or this chapter or otherwise recovers possession of the dwelling unit in violation of NRS 118A.480, 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 the tenant’s actual damages, receive an amount not greater than $2,500 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, the willful interruption of any essential item or service or the recovery of possession of the dwelling unit in violation of NRS 118A.480.

      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 not later than 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 items or 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; 2011, 238)

      NRS 118A.400  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 the tenant’s 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 or her household or other person on the premises with his or her consent.

      (Added to NRS by 1977, 1340)

      NRS 118A.410  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.

      (Added to NRS by 1977, 1341)

      NRS 118A.420  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 or her basic obligations under this chapter.

      (Added to NRS by 1977, 1341)

      NRS 118A.430  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 or her 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 or her 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)

      NRS 118A.440  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 or her 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)

      NRS 118A.450  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 the tenant 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)

      NRS 118A.460  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 or her authorized representative rightfully claiming the property within that period. The landlord is liable to the tenant only for the landlord’s 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 or her reasonable costs out of the property or the value thereof if the landlord has made reasonable efforts to locate the tenant, has notified the tenant in writing of his or her 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)

      NRS 118A.470  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 or her 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)

      NRS 118A.480  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 item or 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; A 2011, 239)

      NRS 118A.490  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 the tenant 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 the 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)

      NRS 118A.500  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.

      (Added to NRS by 1977, 1343)

      NRS 118A.510  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 items or 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 the tenant 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;

      (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; or

      (h) The tenant or, if applicable, a cotenant or household member, is a victim of domestic violence or terminates a rental agreement pursuant to NRS 118A.345.

      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 or her household or other person on the premises with his or her 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.

Ę 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.

      4.  As used in this section:

      (a) “Cotenant” has the meaning ascribed to it in NRS 118A.345.

      (b) “Domestic violence” has the meaning ascribed to it in NRS 118A.345.

      (c) “Household member” has the meaning ascribed to it in NRS 118A.345.

      (Added to NRS by 1977, 1343; A 1985, 1417; 1999, 1230; 2011, 240, 869; 2013, 1416)

      NRS 118A.520  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.

      (Added to NRS by 1977, 1344; A 1985, 1418)

SAVING PROVISION

      NRS 118A.530  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.

      (Added to NRS by 1977, 1344)