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.

Source: Section 118A.380 — Failure of landlord to supply essential items or services., https://www.­leg.­state.­nv.­us/NRS/NRS-118A.­html#NRS118ASec380.

118A.350
Failure of landlord to comply with rental agreement.
118A.355
Failure of landlord to maintain dwelling unit in habitable condition.
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.
118A.370
Failure of landlord to deliver possession of dwelling unit.
118A.380
Failure of landlord to supply essential items or services.
118A.390
Unlawful removal or exclusion of tenant or willful interruption of essential items or services
118A.400
Damage or destruction of dwelling unit by fire or casualty.
118A.410
Failure of landlord to disclose required information to tenant.
118A.420
Failure of tenant to comply with rental agreement or perform basic obligations: Damages
118A.430
Failure of tenant to comply with rental agreement or perform basic obligations: Termination of rental agreement.
118A.440
Failure of tenant to perform basic obligations: Remedial work by landlord may be charged to tenant.
118A.450
Abandonment of dwelling unit by tenant: Remedies
118A.460
Procedure for disposal of personal property abandoned or left on premises
118A.470
Holding over by tenant.
118A.480
Landlord’s recovery of possession of dwelling unit.
118A.490
Actions based upon nonpayment of rent: Counterclaim by tenant
118A.500
Tenant’s refusal to allow lawful access to dwelling unit
118A.510
Retaliatory conduct by landlord against tenant prohibited
118A.515
Adverse action by landlord based solely upon request for emergency assistance prohibited
118A.520
When lien or security interest in tenant’s household goods may be enforced
Last Updated

Jun. 24, 2021

§ 118A.380’s source at nv​.us