Nev. Rev. Stat. ch. 118A § 118A.490
Actions based upon nonpayment of rent: Counterclaim by tenant; deposit of rent with court; judgment for eviction.
Operative Text
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.
Under Nev. Rev. Stat. ch. 118A § 118A.490, when a landlord sues for possession due to unpaid rent or sues for rent while the tenant remains in the property, the tenant is permitted to raise defenses and file counterclaims for amounts owed under the rental agreement or applicable law. If the case is not resolved immediately, the court may require the tenant to deposit up to one day's rent per day into the court registry until a new hearing date, and any undisputed rent must be paid to the landlord. If a tenant who remains in possession fails to deposit the required amount within 24 hours of the original hearing, the court will grant a judgment for eviction without any further hearing.
Plain English — not legal advice.
Nev. Rev. Stat. ch. 118A § 118A.490 establishes that tenants in eviction or rent-collection proceedings may raise counterclaims, so compliant operators generally maintain thorough records of rent payments, lease terms, and any amounts owed to support their position in court. Landlords should be aware that courts will separate disputed from undisputed rent amounts and may release escrowed funds to either party upon a showing of good cause. Keeping documentation current helps operators demonstrate the amounts they are owed when the court makes its final distribution of any rent paid into the registry.
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.490 gives tenants the right to assert counterclaims in eviction or rent actions for any amounts recoverable under the rental agreement, this chapter, or other applicable law. Tenants who remain in possession should be aware that failing to deposit the court-ordered amount within 24 hours of the original hearing results in an automatic eviction judgment with no further opportunity to be heard. Tenants facing these proceedings may benefit from reviewing their rights with a tenant-rights organization or legal aid provider to understand how counterclaims and the rent-deposit requirement may apply to their situation.
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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