Nev. Rev. Stat. ch. 118A § 118A.370
Failure of landlord to deliver possession of dwelling unit.
Operative Text
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, any security deposit 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.
Under Nev. Rev. Stat. ch. 118A § 118A.370, when a landlord fails to deliver possession of a dwelling unit on time, rent stops accruing until possession is actually provided. The tenant then has several options: cancel the rental agreement with at least five days' written notice and receive a full refund of prepaid rent, deposits, and fees; demand that the landlord fulfill the agreement and pursue a legal action for possession along with actual damages; or seek any other available remedies. A landlord who exercised due diligence to remove a holdover tenant or fix the condition preventing possession is shielded from damage liability.
Plain English — not legal advice.
Nev. Rev. Stat. ch. 118A § 118A.370 places clear obligations on landlords to deliver possession of a unit on the agreed date. Compliant operators document every step taken to remove a holdover occupant or resolve conditions blocking delivery, since demonstrating due diligence is the primary protection against damage claims. Operators who cannot deliver on time should be prepared to refund all prepaid rent, security deposits, and fees if the incoming tenant elects to terminate under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Nev. Rev. Stat. ch. 118A § 118A.370 gives tenants meaningful options when a landlord does not deliver possession as promised, including the right to cancel the agreement and recover all prepaid funds, or to pursue possession and actual damages through the courts. Rent does not accrue during the period when possession has not been delivered, which is an important protection to understand. Tenants who believe this provision applies to their situation may benefit from contacting a local tenant-rights organization or consulting a licensed Nevada attorney to understand which available remedy fits their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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