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.

Source: Section 118A.490 — Actions based upon nonpayment of rent: Counterclaim by tenant; deposit of rent with court; judgment for eviction., https://www.­leg.­state.­nv.­us/NRS/NRS-118A.­html#NRS118ASec490.

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.490’s source at nv​.us