Nev. Rev. Stat. ch. 118A § 118A.355

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 any security deposit 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.