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