Nev. Rev. Stat. ch. 118A § 118A.380

Failure of landlord to supply essential items or services.

In Force
Verified 9/22/2026 · Next check 9/29/2026
effective 9/22/2026NevadaRepair and Deduct

Operative Text

Nev. Rev. Stat. ch. 118A § 118A.380
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: Legislative text reproduced verbatim

Effective Timeline

Current
Sep 22, 2026
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Related Rules

§ 127L
Repairs by tenants of residential premises to cure violations; reimbursement for cost
§ 47a-13
Failure of landlord to supply essential services. Tenant's remedies.
§ 5-3-7-3
SELF-HELP FOR MINOR DEFECTS AND RENT WITH-HOLDINGS

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