A.B. 223
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ASSEMBLY BILL NO. 223–ASSEMBLYMEMBER CONSIDINE
PREFILED FEBRUARY 3, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to the habitability of
rental property. (BDR 10-684)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to real property; authorizing a tenant whose
landlord fails to remedy a failure to maintain a dwelling
unit in habitable condition to file a verified complaint for
expedited relief; revising certain provisions relating to the
content and form of written rental agreements; revising
provisions relating to the acceptance and payment of rent;
revising provisions relating to requirements for
habitability; revising provisions relating to the remedies a
tenant is authorized to pursue if a landlord fails to remedy
certain breaches or failures relating to habitability;
providing that certain items and services constitute
essential items and services for purposes of such
provisions; revising the amounts which a tenant is
authorized to recover from a landlord who takes certain
unlawful actions or fails to make required disclosures;
requiring a landlord to, under certain circumstances,
provide a tenant who has terminated a rental agreement
with a reasonable length of time to gather his or her
belongings; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Sections 2 and 3 of this bill define the terms “actual damages” and “diminution 1
of the value of a dwelling unit” for purposes of the provisions set forth in existing 2
law governing the relationship between landlords and tenants. (Chapter 118A of 3
NRS) 4
Existing law requires a written rental agreement to contain provisions relating 5
to certain subjects, including, without limitation: (1) the amount of rent and the 6
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manner and time of its payment; (2) fees which are required and the purposes for 7
which they are required; and (3) certain information concerning the contact 8
information of the landlord or his or her authorized representative. (NRS 118A.200) 9
Section 6 of this bill: (1) requires such provisions relating to rent to include 10
information concerning the requirements set forth in sections 7 and 8 of this bill; 11
and (2) requires the electronic mail address of the landlord or his or her authorized 12
representative to be included in certain provisions. Section 6 additionally requires: 13
(1) the provision relating to fees to instead require information concerning any fees 14
which are required to be paid or may be incurred by a tenant and the purposes for 15
which they are required or reasons that they may be incurred; and (2) such 16
information to be listed on a single sheet of paper immediately after certain 17
information that existing law requires to be on the first page of the written rental 18
agreement. 19
Existing law provides that the absence of a written agreement raises certain 20
disputable presumptions, including a presumption that maintenance and waste 21
removal services are provided without charge to the tenant. (NRS 118A.200) 22
Section 6 additionally includes the provision of utility services at no charge to the 23
tenant in such a presumption. 24
Existing law sets forth certain provisions governing the payment of rent by a 25
tenant and the delivery of certain signed written receipts to a tenant. (NRS 26
118A.210, 118A.250) Section 7 requires a landlord to accept, at no charge to the 27
tenant, at least one of the following methods of payment for rent: (1) money order; 28
(2) personal check; (3) cashier’s check; or (4) cash. Section 8 requires a landlord to 29
provide a written receipt to a tenant upon the receipt of any payment of rent. 30
Existing law requires a landlord, at all times during a tenancy, to maintain a 31
dwelling unit in habitable condition and provides that a dwelling unit is not 32
habitable if it violates provisions of certain housing or health codes or if it 33
substantially lacks certain things, including floors, walls, ceilings, stairways and 34
railings which are maintained in good repair. (NRS 118A.290) Section 9 of this bill 35
additionally provides that a dwelling unit is not habitable if it substantially lacks: 36
(1) doors and windows which are maintained in good repair; (2) effective measures 37
in place to control the presence of rodents, insects and vermin; (3) effective 38
measures in place to prevent exposure to unsafe levels of radon, lead paint, 39
asbestos, toxic mold and other hazardous substances; (4) in the dwelling unit and 40
any other part of the areas on the premises under the landlord’s control, locks which 41
are in good repair on all exterior doors and all windows which are capable of being 42
opened; and (5) safety equipment which is required by law to be included in the 43
dwelling unit maintained in good working order. 44
Existing law requires, if a landlord fails to comply with a rental agreement, a 45
tenant to deliver a written notice to the landlord specifying the acts and omissions 46
constituting the breach and stating that the rental agreement will be terminated. 47
Existing law further authorizes, if the landlord fails to remedy the breach or make a 48
reasonable effort to do so within 14 days after receipt of the notice, a tenant to: (1) 49
terminate the rental agreement immediately; (2) recover actual damages; and (3) 50
apply to the court for such relief as the court deems proper under the circumstances. 51
(NRS 118A.350) Section 10 of this bill authorizes the tenant to terminate the rental 52
agreement without incurring any fee which is assessed by the landlord for the early 53
termination of a rental agreement and authorizes the tenant to additionally provide 54
the landlord with written notice of the intent of the tenant to terminate the rental 55
agreement on a date which is not later than 60 days after the date the notice is 56
provided to the landlord. Sections 11 and 12 of this bill similarly authorize tenants 57
whose landlords have failed to maintain a dwelling unit in a habitable condition or 58
supply essential items and services to terminate a rental agreement in this manner. 59
(NRS 118A.355, 118A.380) 60
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Existing law further prohibits a tenant from taking certain remedial actions if 61
the breach is remediable and the landlord adequately remedies the breach or uses 62
his or her best efforts to remedy the breach within 14 days after receipt of the 63
notice. (NRS 118A.350) Section 10 instead provides that a tenant is prohibited 64
from taking such remedial actions if the breach is remediable and the landlord 65
remedies the breach within the prescribed time. Existing law additionally prohibits 66
a tenant from taking such remedial actions unless the tenant has provided the 67
landlord with certain notice but authorizes the tenant to recover actual damages 68
without such notice if the landlord: (1) admits to the court that the landlord had 69
knowledge of the condition constituting the breach; or (2) has received written 70
notice of that condition from a governmental agency authorized to inspect for 71
violations of building, housing or health codes. (NRS 118A.350) Section 10 instead 72
authorizes the tenant to recover actual damages without providing such notice if the 73
landlord: (1) received written notice of that condition from such a governmental 74
agency; or (2) had actual knowledge of the condition constituting the breach. 75
Sections 11 and 12 similarly, for tenants whose landlords have failed to maintain a 76
dwelling unit in a habitable condition or supply essential items and services: (1) 77
remove language which would prohibit such tenants from taking certain remedial 78
actions if the landlord has failed to adequately remedy the failure or used his or her 79
best efforts to remedy the concern; and (2) revise the circumstances under which a 80
tenant is authorized to take certain remedial actions without providing notice. (NRS 81
118A.355, 118A.380) 82
Existing law authorizes a tenant whose landlord has failed to maintain a 83
dwelling unit in a habitable condition to take certain remedial actions if a landlord 84
fails to adequately remedy the failure or use his or her best efforts to remedy the 85
failure within a certain period of time. (NRS 118A.355) Section 4 of this bill 86
authorizes a tenant, in addition to such remedial actions, to file a verified complaint 87
for expedited relief with the court within 15 judicial days after the failure of the 88
landlord to remedy the failure and sets forth procedures relating to the filing, 89
hearing and disposition of such a verified complaint. Section 4 also: (1) authorizes 90
a tenant who files such a verified complaint to withhold any rent that becomes due 91
without incurring late fees, charges for notice or certain other charges until the 92
landlord has remedied the failure; (2) authorizes the court to order that such rent be 93
placed into an escrow account which is maintained or approved by the court; and 94
(3) requires the payment of all costs and official fees for any tenant who files such a 95
verified complaint to be deferred and later assessed against the party that does not 96
prevail. Section 17 of this bill authorizes a tenant to provide a copy of the notice 97
provided to a landlord to a district board of health for purposes of certain provisions 98
relating to the inspection of and administrative proceedings concerning health 99
hazards, in addition to any remedy provided in section 4. 100
Existing law further requires justice courts to establish by local rule a 101
mechanism by which tenants that withhold rent under such circumstances may 102
deposit such rent into an escrow account maintained or approved by the court. 103
(NRS 118A.355) Section 11: (1) requires such rules to additionally provide for the 104
deposit of rent withheld pursuant to section 4; and (2) prohibits a court from 105
releasing any money deposited into such accounts until the time period to file an 106
appeal has run. 107
Existing law additionally prohibits a tenant whose landlord has failed to 108
maintain a dwelling unit in a habitable condition from taking certain remedial 109
actions if the condition was caused by the tenant’s own deliberate or negligent act 110
or omission or that of a member of his or her household or other person on the 111
premises with his or her consent. (NRS 118A.355) Section 11 prohibits such a 112
tenant from taking such remedial actions, including filing a verified complaint for 113
expedited relief pursuant to section 4, if the condition was proven, by clear and 114
convincing evidence, to have been caused by the tenant’s own deliberate or 115
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negligent act or omission or that of a member of his or her household or other 116
person on the premises with his or her consent who is not another tenant, or guest 117
thereof, who is on the premises pursuant to a separate rental agreement. Section 12 118
similarly prohibits a tenant whose landlord has willfully or negligently failed to 119
supply essential items or services from taking certain remedial actions under such 120
circumstances. (NRS 118A.380) 121
Existing law authorizes a tenant to take certain remedial actions if his or her 122
landlord willfully or negligently fails to supply essential items or services and by 123
doing so, caused the premises to become unfit for habitation. Existing law further 124
provides a nonexhaustive list of certain items and services which constitute 125
essential items or services, including, heat, air-conditioning, running water, hot 126
water, electricity, gas and a functioning door lock. (NRS 118A.380) Section 12 127
includes in such a list a functioning window lock and functional safety equipment. 128
Existing law authorizes a tenant to take certain actions and recover actual 129
damages or an amount not greater than $2,500 which is fixed by a court, or both, if 130
a landlord: (1) unlawfully removes the tenant from the premises or excludes the 131
tenant by blocking or attempting to block the tenant’s entry upon the premises; (2) 132
willfully interrupts or causes or permits the interruption of any essential item or 133
service required by the rental agreement or by law; or (3) recovers possession of the 134
dwelling unit under certain other circumstances which are prohibited by existing 135
law. (NRS 118A.390) Section 13 of this bill: (1) revises the monetary amount that 136
a tenant is authorized to recover by instead providing that the tenant is authorized to 137
recover an amount which is three times the periodic rent or the tenant’s actual 138
damages, whichever is greater; and (2) additionally authorizes such remedial 139
measures in circumstances where a landlord negligently interrupts or causes or 140
permits the interruption of any essential item or service required by the rental 141
agreement or by law. Section 15 of this bill makes a conforming change to make 142
the revisions made by section 13 inapplicable to provisions governing liability of a 143
landlord who unlawfully retains the household goods or personal property of a 144
tenant. (NRS 118A.520) Section 16 of this bill makes a conforming change to 145
require certain notices provided to a tenant to include notice of the ability of the 146
tenant to seek relief if a landlord negligently interrupts or causes or permits the 147
interruption of any essential item or service required by the rental agreement or by 148
law. (NRS 40.253) 149
Section 13: (1) requires a landlord to provide a tenant who terminates his or her 150
rental agreement under certain circumstances to provide the tenant with a 151
reasonable length of time to gather his or her belongings; (2) provides that a 152
landlord who was provided notice by a tenant which specified the willful or 153
negligent failure to supply essential items or services and failed to remedy the 154
breach is presumed to have negligently caused the interruption of essential items 155
and services; and (3) provides that a landlord may overcome such a presumption by 156
showing clear and convincing evidence that the restoration could not be 157
accomplished within the notice period. Finally, section 13 extends the length of 158
time for a tenant to file certain verified complaints for expedited relief with the 159
court from 5 judicial days after the last date of the unlawful act by the landlord to 160
15 judicial days after the last date on which the unlawful conduct of the landlord 161
occurred. (NRS 118A.390) 162
Existing law: (1) requires a landlord, or any person authorized to enter into a 163
rental agreement on his or her behalf, to disclose certain information to a tenant in 164
writing before the commencement of a tenancy or to post such information in 165
certain areas; and (2) authorizes a tenant to recover actual damages or $25, 166
whichever is greater, after a demand if the landlord fails to make such disclosures 167
or postings. (NRS 118A.260, 118A.270, 118A.410) Section 14 of this bill instead 168
provides that a tenant is authorized to recover actual damages or an amount equal to 169
1 month of rent, whichever is greater, under such circumstances. 170
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Section 5 of this bill makes a conforming change to indicate the placement of 171
sections 2 and 3 in the Nevada Revised Statutes. 172
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118A of NRS is hereby amended by 1
adding thereto the provisions set forth as sections 2, 3 and 4 of this 2
act. 3
Sec. 2. “Actual damages” means damages which compensate 4
for any direct, consequential or incidental injuries or losses, 5
including, without limitation, any amount payable to a landlord or 6
tenant under a rental agreement for a violation of the rental 7
agreement or any such amount based on the diminution of the 8
value of a dwelling unit. The term does not include any attorney’s 9
fees or any business expenses which are charged on a pro rata 10
basis pursuant to the provisions of a rental agreement. 11
Sec. 3. “Diminution of the value of a dwelling unit” means a 12
portion of the rent of a dwelling unit which reflects, as determined 13
by the court with or without expert testimony, the extent to which a 14
condition of the premises which violates the provisions of this 15
chapter or a rental agreement impairs the use and enjoyment of 16
the dwelling unit by the tenant. 17
Sec. 4. 1. If a tenant provides written notice to a landlord 18
pursuant to subsection 1 of NRS 118A.355 and the landlord fails 19
to remedy a failure to maintain the dwelling unit in a habitable 20
condition within the time prescribed in NRS 118A.355, the tenant 21
may file a verified complaint for expedited relief with the court. 22
When filing a verified complaint pursuant to this subsection, a 23
tenant may withhold any rent that becomes due without incurring 24
late fees, charges for notice or any other charge or fee authorized 25
by this chapter or the rental agreement. 26
2. A verified complaint filed pursuant to subsection 1 must 27
state: 28
(a) The manner in which the tenant provided notice of each 29
failure to the landlord; 30
(b) The date on which the tenant provided notice of each 31
failure to the landlord; 32
(c) An estimate of what the tenant believes is the diminution of 33
the value of the dwelling unit; 34
(d) A description of each failure which is the subject of the 35
notice; and 36
(e) Whether the tenant is withholding rent pursuant to 37
subsection 1. 38
3. A verified complaint filed pursuant to subsection 1: 39
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(a) Must be filed with the court within 15 judicial days after 1
the last day provided to the landlord to remedy the failure, and the 2
verified complaint must be dismissed if it is not timely filed. If 3
the verified complaint is dismissed pursuant to this paragraph, the 4
tenant retains the right to pursue all other available remedies 5
against the landlord. 6
(b) May be consolidated with any action for summary eviction 7
or unlawful detainer that is already pending between the landlord 8
and tenant. 9
(c) May be raised as a defense in an action for summary 10
eviction or unlawful detainer. 11
4. The court shall conduct a hearing on a verified complaint 12
filed pursuant to subsection 1 not later than 7 judicial days after 13
the filing of the verified complaint. Before or at the scheduled 14
hearing, the tenant must provide to the court proof that the 15
landlord has been properly served with a copy of the verified 16
complaint. Upon the hearing, if the court determines that the 17
landlord has violated the provisions of subsection 1 of NRS 18
118A.355, the court may: 19
(a) Order the landlord to remedy each failure specified in the 20
verified complaint; 21
(b) Award actual damages; and 22
(c) Enjoin the landlord from unlawfully removing the tenant 23
from the dwelling unit or excluding the tenant by blocking or 24
attempting to block the tenant’s entry upon the dwelling unit and, 25
if the circumstances so warrant: 26
(1) Hold the landlord in contempt of court; or 27
(2) Abate the rent owed by the tenant in total or in part, in 28
addition to any amount of rent owed which is reduced pursuant to 29
subsection 5. 30
5. If a tenant has withheld rent pursuant to subsection 1, the 31
court shall determine the amount of rent that the tenant owes to 32
the landlord during the period of time in which one or more 33
failures specified in the verified complaint exist by subtracting the 34
diminution of the value of the dwelling unit from the rent owed by 35
the tenant pursuant to the rental agreement. The court may order 36
that any such rent which is currently owed by the tenant or will be 37
owed by the tenant be placed into an escrow account which is 38
maintained or approved by the court. A landlord is not eligible to 39
receive any money placed into an escrow account pursuant to this 40
subsection until the landlord submits to the court evidence that the 41
failure has been remedied. 42
6. The payment of all costs and fees must be deferred for any 43
tenant who files a verified complaint for expedited relief pursuant 44
to this section. After any hearing and not later than the final 45
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disposition of the filing or order, the court shall assess the costs 1
and fees against the party that does not prevail, except that the 2
court may reduce or waive the costs and fees, as justice may 3
require. 4
Sec. 5. NRS 118A.020 is hereby amended to read as follows: 5
118A.020 As used in this chapter, unless the context otherwise 6
requires, the terms defined in NRS 118A.030 to 118A.175, 7
inclusive, and sections 2 and 3 of this act, have the meanings 8
ascribed to them in those sections. 9
Sec. 6. NRS 118A.200 is hereby amended to read as follows: 10
118A.200 1. Any written agreement for the use and 11
occupancy of a dwelling unit or premises must be signed by the 12
landlord or his or her agent and the tenant or his or her agent. 13
2. The landlord shall provide one copy of any written 14
agreement described in subsection 1 to the tenant free of cost at the 15
time the agreement is executed and, upon request of the tenant, 16
provide additional copies of any such agreement to the tenant within 17
a reasonable time. The landlord may charge a reasonable fee for 18
providing the additional copies. 19
3. Any written rental agreement must contain, but is not limited 20
to, provisions relating to the following subjects: 21
(a) Duration of the agreement. 22
(b) Amount of rent and the manner and time of its payment [.] , 23
which must include, without limitation, information concerning: 24
(1) The method or methods of payment of rent which the 25
landlord will accept pursuant to NRS 118A.210 at no charge to the 26
tenant; and 27
(2) The process by which the landlord will provide a signed 28
written receipt pursuant to NRS 118A.250 for the payment of rent. 29
(c) Occupancy by children or pets. 30
(d) Services included with the dwelling rental. 31
(e) [Fees] Any fees which are required to be paid or may be 32
incurred by a tenant and the purposes for which they are required 33
[.] or reasons that they may be incurred. 34
(f) Deposits which are required and the conditions for their 35
refund. 36
(g) Charges which may be required for late or partial payment of 37
rent or for return of any dishonored check. 38
(h) Inspection rights of the landlord. 39
(i) A listing of persons or numbers of persons who are to occupy 40
the dwelling. 41
(j) Respective responsibilities of the landlord and the tenant as 42
to the payment of utility charges. 43
(k) A signed record of the inventory and condition of the 44
premises under the exclusive custody and control of the tenant. 45
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(l) A summary of the provisions of NRS 202.470. 1
(m) Information regarding the procedure pursuant to which a 2
tenant may report to the appropriate authorities: 3
(1) A nuisance. 4
(2) A violation of a building, safety or health code or 5
regulation. 6
(n) Information regarding the right of the tenant to engage in the 7
display of the flag of the United States, as set forth in 8
NRS 118A.325. 9
4. In addition to the provisions required by subsection 3, any 10
written rental agreement for a single-family residence which is not 11
signed by an authorized agent of the landlord who at the time of 12
signing holds a permit to engage in property management pursuant 13
to chapter 645 of NRS must contain a disclosure at the top of the 14
first page of the agreement, in a font size at least two times larger 15
than any other font size in the agreement, which states that: 16
(a) There are rebuttable presumptions in NRS 205.0813 and 17
205.0817 that the tenant does not have lawful occupancy of the 18
dwelling unless the agreement: 19
(1) Is notarized or is signed by an authorized agent of the 20
landlord who at the time of signing holds a permit to engage in 21
property management pursuant to chapter 645 of NRS; and 22
(2) Includes the current address , electronic mail address and 23
telephone number of the landlord or his or her authorized 24
representative; and 25
(b) The agreement is valid and enforceable against the landlord 26
and the tenant regardless of whether the agreement: 27
(1) Is notarized or is signed by an authorized agent of the 28
landlord who at the time of signing holds a permit to engage in 29
property management pursuant to chapter 645 of NRS; or 30
(2) Includes the current address , electronic mail address and 31
telephone number of the landlord or his or her authorized 32
representative. 33
5. The information about fees required pursuant to 34
paragraph (e) of subsection 3 to be included in a written rental 35
agreement must be listed on a single sheet of paper immediately 36
after the information required pursuant to subsection 4 on the first 37
page of the agreement. 38
6. The absence of a written agreement raises a disputable 39
presumption that: 40
(a) There are no restrictions on occupancy by children or pets. 41
(b) Maintenance , utility and waste removal services are 42
provided without charge to the tenant. 43
(c) No charges for partial or late payments of rent or for 44
dishonored checks are paid by the tenant. 45
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(d) Other than normal wear, the premises will be returned in the 1
same condition as when the tenancy began. 2
[6.] 7. It is unlawful for a landlord or any person authorized to 3
enter into a rental agreement on his or her behalf to use any written 4
agreement which does not conform to the provisions of this section, 5
and any provision in an agreement which contravenes the provisions 6
of this section is void. 7
[7.] 8. As used in this section, “single-family residence” 8
means a structure that is comprised of not more than four units. The 9
term does not include a manufactured home as defined in 10
NRS 118B.015. 11
Sec. 7. NRS 118A.210 is hereby amended to read as follows: 12
118A.210 1. Rent is payable without demand or notice at the 13
time and place agreed upon by the parties. 14
2. A landlord shall accept, at no charge to a tenant, at least 15
one of the following methods of payment of rent: 16
(a) Money order; 17
(b) Personal check; 18
(c) Cashier’s check; or 19
(d) Cash. 20
3. Unless the rental agreement establishes a definite term, the 21
tenancy is from week to week in the case of a tenant who pays 22
weekly rent and in all other cases the tenancy is from month to 23
month. 24
[3.] 4. In the absence of an agreement, either written or oral: 25
(a) Rent is payable at the beginning of the tenancy; and 26
(b) Rent for the use and occupancy of a dwelling is the fair 27
rental value for the use and occupancy. 28
[4.] 5. A landlord may charge a reasonable late fee for the late 29
payment of rent as set forth in the rental agreement, but: 30
(a) In a tenancy that is longer than week to week, no late fee 31
may be charged or imposed until at least 3 calendar days after the 32
date that rent is due; 33
(b) Such a late fee must not exceed 5 percent of the amount of 34
the periodic rent; and 35
(c) The maximum amount of the late fee must not be increased 36
based upon a late fee that was previously imposed. 37
Sec. 8. NRS 118A.250 is hereby amended to read as follows: 38
118A.250 1. The landlord shall deliver to the tenant upon the 39
tenant’s request a signed written receipt for the security deposit or 40
surety bond, or a combination thereof, and any other payments, 41
deposits or fees, including rent, paid by the tenant and received by 42
the landlord. The tenant may refuse to make rent payments until the 43
landlord tenders the requested receipt. 44
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2. The landlord shall provide a signed written receipt to a 1
tenant upon the receipt of each payment of rent. Nothing in this 2
subsection prohibits a tenant from requesting an additional signed 3
written receipt pursuant to subsection 1. 4
Sec. 9. NRS 118A.290 is hereby amended to read as follows: 5
118A.290 1. The landlord shall at all times during the 6
tenancy maintain the dwelling unit in a habitable condition. A 7
dwelling unit is not habitable if it violates provisions of housing or 8
health codes concerning the health, safety, sanitation or fitness for 9
habitation of the dwelling unit or if it substantially lacks: 10
(a) Effective waterproofing and weather protection of the roof 11
and exterior walls, including windows and doors. 12
(b) Plumbing facilities which conformed to applicable law when 13
installed and which are maintained in good working order. 14
(c) A water supply approved under applicable law, which is: 15
(1) Under the control of the tenant or landlord and is capable 16
of producing hot and cold running water; 17
(2) Furnished to appropriate fixtures; and 18
(3) Connected to a sewage disposal system approved under 19
applicable law and maintained in good working order to the extent 20
that the system can be controlled by the landlord. 21
(d) Adequate heating facilities which conformed to applicable 22
law when installed and are maintained in good working order. 23
(e) Electrical lighting, outlets, wiring and electrical equipment 24
which conformed to applicable law when installed and are 25
maintained in good working order. 26
(f) An adequate number of appropriate receptacles for garbage 27
and rubbish in clean condition and good repair at the 28
commencement of the tenancy. The landlord shall arrange for the 29
removal of garbage and rubbish from the premises unless the parties 30
by written agreement provide otherwise. 31
(g) Building, grounds, appurtenances and all other areas under 32
the landlord’s control at the time of the commencement of the 33
tenancy in every part clean, sanitary and reasonably free from all 34
accumulations of debris, filth, rubbish, garbage, rodents, insects and 35
vermin. 36
(h) Effective measures in place to: 37
(1) Control the presence of rodents, insects and vermin; 38
and 39
(2) Prevent exposure to unsafe levels of radon, lead paint, 40
asbestos, toxic mold and other hazardous substances. 41
(i) Floors, walls, doors, windows, ceilings, stairways and 42
railings maintained in good repair. 43
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[(i)] (j) Ventilating, air-conditioning and other facilities and 1
appliances, including elevators, maintained in good repair if 2
supplied or required to be supplied by the landlord. 3
(k) In the dwelling unit and all other areas on the premises 4
under the landlord’s control, locks or other security devices 5
maintained in good repair and located on all exterior doors and all 6
windows which are capable of being opened. 7
(l) Safety equipment maintained in good working order, which 8
is required by law to be included in the dwelling unit. 9
2. The landlord and tenant may agree that the tenant is to 10
perform specified repairs, maintenance tasks and minor remodeling 11
only if: 12
(a) The agreement of the parties is entered into in good faith; 13
and 14
(b) The agreement does not diminish the obligations of the 15
landlord to other tenants in the premises. 16
3. An agreement pursuant to subsection 2 is not entered into in 17
good faith if the landlord has a duty under subsection 1 to perform 18
the specified repairs, maintenance tasks or minor remodeling and 19
the tenant enters into the agreement because the landlord or his or 20
her agent has refused to perform them. 21
4. Except as otherwise provided in subsection 5, the landlord 22
shall not require a tenant to pay any fee or other charge for the 23
performance of any repairs, maintenance tasks or other work for 24
which the landlord has a duty under subsection 1 to perform, 25
including, without limitation, any fee or other charge to cover the 26
costs of any deductible or copayment under a policy of insurance for 27
home protection or service contract for the performance of any such 28
repairs, maintenance tasks or other work. 29
5. The landlord may require a tenant to pay any fee or other 30
charge for the performance of any repairs, maintenance tasks or 31
other work necessary for a condition caused by the tenant’s own 32
deliberate or negligent act or omission or that of a member of his or 33
her household or other person on the premises with his or her 34
consent. 35
6. As used in this section: 36
(a) “Insurance for home protection” has the meaning ascribed to 37
it in NRS 690B.100. 38
(b) “Service contract” has the meaning ascribed to it in 39
NRS 690C.080. 40
Sec. 10. NRS 118A.350 is hereby amended to read as follows: 41
118A.350 1. Except as otherwise provided in this chapter, if 42
the landlord fails to comply with the rental agreement, the tenant 43
shall deliver a written notice to the landlord specifying the acts and 44
omissions constituting the breach and stating that the rental 45
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agreement will terminate as provided in this section. If the breach is 1
remediable and the landlord [adequately] remedies the breach [or 2
uses his or her best efforts to remedy the breach] within 14 days 3
after receipt of the notice, the rental agreement does not terminate 4
by reason of the breach. If the landlord fails to remedy the breach 5
[or make a reasonable effort to do so] within the prescribed time, the 6
tenant may: 7
(a) [Terminate] Without incurring any fee which is assessed by 8
the landlord for the early termination of a rental agreement, 9
terminate the rental agreement by providing the landlord with 10
written notice of the intent of the tenant to terminate the rental 11
agreement immediately [.] or on a date which is not later than 60 12
days after the date the notice is provided to the landlord. 13
(b) Recover actual damages. 14
(c) Apply to the court for such relief as the court deems proper 15
under the circumstances. 16
2. The tenant may not terminate the rental agreement for a 17
condition which is proven by clear and convincing evidence to be 18
caused by the tenant’s own deliberate or negligent act or omission or 19
that of a member of his or her household or other person on the 20
premises with his or her consent [.] who is not another tenant, or 21
guest thereof, who is on the premises pursuant to a separate rental 22
agreement. 23
3. If the rental agreement is terminated, the landlord shall 24
return all prepaid rent and any security deposit recoverable by the 25
tenant under this chapter. 26
4. A tenant may not proceed under this section unless the 27
tenant has given notice as required by subsection 1, except that the 28
tenant may, without giving that notice, recover damages under 29
paragraph (b) of subsection 1 if the landlord: 30
(a) [Admits to the court that the landlord had] Had actual 31
knowledge of the condition constituting the breach; or 32
(b) Has received written notice of that condition from a 33
governmental agency authorized to inspect for violations of 34
building, housing or health codes. 35
Sec. 11. NRS 118A.355 is hereby amended to read as follows: 36
118A.355 1. Except as otherwise provided in this chapter, if 37
a landlord fails to maintain a dwelling unit in a habitable condition 38
as required by this chapter, the tenant shall deliver a written notice 39
to the landlord specifying each failure by the landlord to maintain 40
the dwelling unit in a habitable condition and requesting that the 41
landlord remedy the failures. If [a failure is remediable and] the 42
landlord [adequately] remedies the failure [or uses his or her best 43
efforts to remedy the failure] within 14 days after receipt of the 44
notice, the tenant may not proceed under this section. If the landlord 45
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fails to remedy a [material] failure to maintain the dwelling unit in a 1
habitable condition [or to make a reasonable effort to do so] within 2
the prescribed time, the tenant may [:] file a verified complaint 3
pursuant to section 4 of this act or: 4
(a) [Terminate] Without incurring any fee which is assessed 5
for the early termination of a rental agreement, terminate the 6
rental agreement by providing the landlord with written notice of 7
the intent of the tenant to terminate the rental agreement 8
immediately [.] or on a date which is not later than 60 days after 9
the notice is provided to the landlord. 10
(b) Recover actual damages. 11
(c) [Apply to the court for such relief as the court deems proper 12
under the circumstances. 13
(d)] Withhold any rent that becomes due without incurring late 14
fees, charges for notice or any other charge or fee authorized by this 15
chapter or the rental agreement until the landlord has remedied [, or 16
has attempted in good faith to remedy,] the failure. 17
2. The tenant may not proceed under this section [:] or section 18
4 of this act: 19
(a) For a condition which is proven by clear and convincing 20
evidence to be caused by the tenant’s own deliberate or negligent act 21
or omission or that of a member of his or her household or other 22
person on the premises with his or her consent [;] who is not 23
another tenant, or guest thereof, who is on the premises pursuant 24
to a separate rental agreement; or 25
(b) If the landlord’s inability to [adequately] remedy the failure 26
[or use his or her best efforts to remedy the failure] within 14 days is 27
due to the tenant’s refusal to allow lawful access to the dwelling unit 28
as required by the rental agreement or this chapter. 29
3. If the rental agreement is terminated, the landlord shall 30
return all prepaid rent and any security deposit recoverable by the 31
tenant under this chapter. 32
4. A tenant may not proceed under this section or section 4 of 33
this act unless the tenant has given notice as required by subsection 34
1, except that the tenant may, without giving that notice: 35
(a) Recover damages under paragraph (b) of subsection 1 if the 36
landlord: 37
(1) [Admits to the court that the landlord had] Had actual 38
knowledge of the condition constituting the failure to maintain the 39
dwelling in a habitable condition; or 40
(2) Has received written notice of that condition from a 41
governmental agency authorized to inspect for violations of 42
building, housing or health codes. 43
(b) Withhold rent under paragraph [(d)] (c) of subsection 1 if the 44
landlord: 45
– 14 –
- *AB223*
(1) Has received written notice of the condition constituting 1
the failure to maintain the dwelling in a habitable condition from a 2
governmental agency authorized to inspect for violations of 3
building, housing or health codes; and 4
(2) Fails to remedy [or attempt in good faith to remedy] the 5
failure within the time prescribed in the written notice of that 6
condition from the governmental agency. 7
5. Justice courts shall establish by local rule a mechanism by 8
which tenants may deposit rent withheld under paragraph [(d)] (c) of 9
subsection 1 or pursuant to section 4 of this act into an escrow 10
account maintained or approved by the court. A tenant does not 11
have a defense to an eviction under paragraph [(d)] (c) of subsection 12
1 unless the tenant has deposited the withheld rent into an escrow 13
account pursuant to this subsection. A court shall not release any 14
money deposited into an escrow account pursuant to this section 15
or section 4 of this act until the time period to file an appeal has 16
run. 17
Sec. 12. NRS 118A.380 is hereby amended to read as follows: 18
118A.380 1. If the landlord is required by the rental 19
agreement or this chapter to supply heat, air-conditioning, running 20
water, hot water, electricity, gas, a functioning door lock , a 21
functioning window lock, functional safety equipment or another 22
essential item or service and the landlord willfully or negligently 23
fails to do so, causing the premises to become unfit for habitation, 24
the tenant shall give written notice to the landlord specifying the 25
breach. If the landlord does not [adequately] remedy the breach [, or 26
use his or her best efforts to remedy the breach] within 48 hours, 27
except a Saturday, Sunday or legal holiday, after it is received by 28
the landlord, the tenant may, in addition to any other remedy: 29
(a) Procure reasonable amounts of such essential items or 30
services during the landlord’s noncompliance and deduct their 31
actual and reasonable cost from the rent; 32
(b) Recover actual damages, including damages based upon the 33
lack of use of the premises or the diminution of the fair rental value 34
of the dwelling unit; 35
(c) Without incurring any fee which is assessed for the early 36
termination of a rental agreement, terminate the rental agreement 37
by providing the landlord with written notice of the intent of the 38
tenant to terminate the rental agreement immediately or on a date 39
which is not later than 60 days after the notice is provided to the 40
landlord; 41
(d) Withhold any rent that becomes due during the landlord’s 42
noncompliance without incurring late fees, charges for notice or any 43
other charge or fee authorized by this chapter or the rental 44
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agreement, until the landlord has [attempted in good faith to restore] 1
restored the essential items or services; [or 2
(d)] (e) Proceed under NRS 118A.390; or 3
(f) Procure other housing which is comparable during the 4
landlord’s noncompliance, and the rent for the original premises 5
fully abates during this period. The tenant may recover the actual 6
and reasonable cost of that other housing which is in excess of the 7
amount of rent which is abated. 8
2. If the tenant proceeds under this section, the tenant may not 9
proceed under NRS 118A.350 and 118A.360 as to that breach. 10
3. The rights of the tenant under this section do not arise until 11
the tenant has given written notice as required by subsection 1, 12
except that the tenant may, without having given that notice: 13
(a) Recover damages as authorized under paragraph (b) of 14
subsection 1 if the landlord: 15
(1) [Admits to the court that the landlord had] Had actual 16
knowledge of the lack of such essential items or services; or 17
(2) Has received written notice of the uninhabitable 18
condition caused by such a lack from a governmental agency 19
authorized to inspect for violations of building, housing or health 20
codes. 21
(b) Withhold rent under paragraph [(c)] (d) of subsection 1 if the 22
landlord: 23
(1) Has received written notice of the condition constituting 24
the breach from a governmental agency authorized to inspect for 25
violations of building, housing or health codes; and 26
(2) Fails to remedy [or attempt in good faith to remedy] the 27
breach within the time prescribed in the written notice of that 28
condition from the governmental agency. 29
4. The rights of the tenant under paragraph [(c)] (d) of 30
subsection 1 do not arise unless the tenant is current in the payment 31
of rent at the time of giving written notice pursuant to subsection 1. 32
5. If such a condition was proven by clear and convincing 33
evidence to be caused by the deliberate or negligent act or omission 34
of the tenant, a member of his or her household or other person on 35
the premises with his or her consent [,] who is not another tenant, 36
or guest thereof, who is on the premises pursuant to a separate 37
rental agreement, the tenant has no rights under this section. 38
Sec. 13. NRS 118A.390 is hereby amended to read as follows: 39
118A.390 1. If the landlord unlawfully removes the tenant 40
from the premises or excludes the tenant by blocking or attempting 41
to block the tenant’s entry upon the premises, willfully or 42
negligently interrupts or causes or permits the interruption of any 43
essential item or service required by the rental agreement or this 44
chapter or otherwise recovers possession of the dwelling unit in 45
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violation of NRS 118A.480, the tenant may recover immediate 1
possession pursuant to subsection 4, proceed under NRS 118A.380 2
or terminate the rental agreement and, in addition to any other 3
remedy, recover an amount which is three times the periodic rent 4
or the tenant’s actual damages, [receive an amount not] whichever 5
is greater . [than $2,500 to be fixed by the court, or both.] 6
2. [In determining the amount, if any, to be awarded under 7
subsection 1, the court shall consider: 8
(a) Whether the] If a landlord [acted in good faith; 9
(b) The course of conduct between the landlord and the tenant; 10
and 11
(c) The degree of harm to the tenant caused by the landlord’s 12
conduct.] was provided notice pursuant to subsection 1 of NRS 13
118A.380 and failed to remedy the breach, the landlord is 14
presumed to have negligently caused the interruption of the 15
essential items or services and may overcome this presumption 16
only if the landlord shows by clear and convincing evidence that 17
the restoration could not be accomplished within the notice period. 18
3. If the rental agreement is terminated pursuant to subsection 19
1, the landlord shall [return] : 20
(a) Provide the tenant with a reasonable length of time to 21
gather his or her belongings; and 22
(b) Return all prepaid rent and any security deposit recoverable 23
under this chapter. 24
4. Except as otherwise provided in subsection 5, the tenant may 25
recover immediate possession of the premises from the landlord by 26
filing a verified complaint for expedited relief for the unlawful 27
removal or exclusion of the tenant from the premises, the willful or 28
negligent interruption of any essential item or service or the 29
recovery of possession of the dwelling unit in violation of 30
NRS 118A.480. 31
5. A verified complaint for expedited relief: 32
(a) Must be filed with the court within [5] 15 judicial days after 33
the last date [of] on which the unlawful [act by] conduct of the 34
landlord [,] occurred, and the verified complaint must be dismissed 35
if it is not timely filed. If the verified complaint for expedited relief 36
is dismissed pursuant to this paragraph, the tenant retains the right to 37
pursue all other available remedies against the landlord. 38
(b) May be consolidated with any action for summary eviction 39
or unlawful detainer that is already pending between the landlord 40
and tenant. 41
6. The court shall conduct a hearing on the verified complaint 42
for expedited relief not later than 3 judicial days after the filing of 43
the verified complaint for expedited relief. Before or at the 44
scheduled hearing, the tenant must provide proof that the landlord 45
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has been properly served with a copy of the verified complaint for 1
expedited relief. Upon the hearing, if it is determined that the 2
landlord has violated any of the provisions of subsection 1, the court 3
may: 4
(a) Order the landlord to restore to the tenant the premises or 5
essential items or services, or both; 6
(b) Award damages pursuant to subsection 1; and 7
(c) Enjoin the landlord from violating the provisions of 8
subsection 1 and, if the circumstances so warrant, hold the landlord 9
in contempt of court. 10
7. The payment of all costs and official fees must be deferred 11
for any tenant who files a verified complaint for expedited relief. 12
After any hearing and not later than final disposition of the filing or 13
order, the court shall assess the costs and fees against the party that 14
does not prevail, except that the court may reduce them or waive 15
them, as justice may require. 16
Sec. 14. NRS 118A.410 is hereby amended to read as follows: 17
118A.410 After a demand by the tenant, if a landlord fails to 18
disclose as provided in NRS 118A.260 or NRS 118A.270, the tenant 19
may recover actual damages or [$25,] an amount equal to one 20
month’s periodic rent, whichever is greater. 21
Sec. 15. NRS 118A.520 is hereby amended to read as follows: 22
118A.520 1. Any lien or security interest in the tenant’s 23
household goods created in favor of the landlord to ensure the 24
payment of rent is unenforceable unless created by attachment or 25
garnishment. 26
2. Distraint for rent is abolished. 27
3. A landlord who retains the household goods or other 28
personal property of a tenant in violation of this section is liable to 29
the tenant for actual damages [as provided in NRS 118A.390.] or 30
damages in an amount not greater than $2,500, to be fixed by the 31
court, or both. In determining the amount, if any, to be awarded 32
under this subsection, the court shall consider: 33
(a) Whether the landlord acted in good faith; 34
(b) The course of conduct between the landlord and tenant; 35
and 36
(c) The degree of harm to the tenant caused by the landlord’s 37
conduct. 38
Sec. 16. NRS 40.253 is hereby amended to read as follows: 39
40.253 1. Except as otherwise provided in subsection 12, in 40
addition to the remedy provided in NRS 40.2512 and 40.290 to 41
40.420, inclusive, when the tenant of any dwelling, apartment, 42
mobile home or recreational vehicle with periodic rent reserved by 43
the month or any shorter period is in default in payment of the rent, 44
the landlord or the landlord’s agent may cause to be served a notice 45
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- *AB223*
in writing, requiring in the alternative the payment of the rent or the 1
surrender of the premises: 2
(a) Before the close of business on the seventh judicial day 3
following the day of service; or 4
(b) If the landlord chooses not to proceed in the manner set forth 5
in paragraph (a) and the rent is reserved by a period of 1 week or 6
less and the tenancy has not continued for more than 45 days, at or 7
before noon of the fourth full day following the day of service. 8
As used in this subsection, “day of service” means the day the 9
landlord or the landlord’s agent personally delivers the notice to the 10
tenant. If personal service was not so delivered, the “day of service” 11
means the day the notice is delivered, after posting and mailing 12
pursuant to subsection 2, to the sheriff or constable for service if the 13
request for service is made before noon. If the request for service by 14
the sheriff or constable is made after noon, the “day of service” shall 15
be deemed to be the day next following the day that the request is 16
made for service by the sheriff or constable. 17
2. A landlord or the landlord’s agent who serves a notice to a 18
tenant pursuant to paragraph (b) of subsection 1 shall attempt to 19
deliver the notice in person in the manner set forth in subsection 2 of 20
NRS 40.2542. If the notice cannot be delivered in person, the 21
landlord or the landlord’s agent: 22
(a) Shall post a copy of the notice in a conspicuous place on the 23
premises and mail the notice by overnight mail; and 24
(b) After the notice has been posted and mailed, may deliver the 25
notice to the sheriff or constable for service in the manner set forth 26
in subsection 1 of NRS 40.280. The sheriff or constable shall not 27
accept the notice for service unless it is accompanied by written 28
evidence, signed by the tenant when the tenant took possession of 29
the premises, that the landlord or the landlord’s agent informed the 30
tenant of the provisions of this section which set forth the lawful 31
procedures for eviction from a short-term tenancy. Upon 32
acceptance, the sheriff or constable shall serve the notice within 48 33
hours after the request for service was made by the landlord or the 34
landlord’s agent. 35
3. A notice served pursuant to subsection 1 or 2 must: 36
(a) Identify the court that has jurisdiction over the matter; and 37
(b) Advise the tenant: 38
(1) Of the tenant’s right to contest the matter by filing, within 39
the time specified in subsection 1 for the payment of the rent or 40
surrender of the premises, an affidavit with the court that has 41
jurisdiction over the matter stating that the tenant has tendered 42
payment or is not in default in the payment of the rent; 43
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- *AB223*
(2) That if the court determines that the tenant is guilty of an 1
unlawful detainer, the court may issue a summary order for removal 2
of the tenant or an order providing for the nonadmittance of the 3
tenant, directing the sheriff or constable of the county to post the 4
order in a conspicuous place on the premises not later than 24 hours 5
after the order is received by the sheriff or constable. The sheriff or 6
constable shall remove the tenant not earlier than 24 hours but not 7
later than 36 hours after the posting of the order; and 8
(3) That, pursuant to NRS 118A.390, a tenant may seek relief 9
if a landlord unlawfully removes the tenant from the premises or 10
excludes the tenant by blocking or attempting to block the tenant’s 11
entry upon the premises or willfully or negligently interrupts or 12
causes or permits the interruption of an essential service required by 13
the rental agreement or chapter 118A of NRS. 14
4. If the tenant files such an affidavit at or before the time 15
stated in the notice, the landlord or the landlord’s agent, after receipt 16
of a file-stamped copy of the affidavit which was filed, shall not 17
provide for the nonadmittance of the tenant to the premises by 18
locking or otherwise. 19
5. Upon noncompliance with the notice: 20
(a) The landlord or the landlord’s agent may apply by affidavit 21
of complaint for eviction to the justice court of the township in 22
which the dwelling, apartment, mobile home or recreational vehicle 23
are located or to the district court of the county in which the 24
dwelling, apartment, mobile home or recreational vehicle are 25
located, whichever has jurisdiction over the matter. The court may 26
thereupon issue an order directing the sheriff or constable of the 27
county to post the order in a conspicuous place on the premises not 28
later than 24 hours after the order is received by the sheriff or 29
constable. The sheriff or constable shall remove the tenant not 30
earlier than 24 hours but not later than 36 hours after the posting of 31
the order. The affidavit must state or contain: 32
(1) The date the tenancy commenced. 33
(2) The amount of periodic rent reserved. 34
(3) The amounts of any cleaning, security or rent deposits 35
paid in advance, in excess of the first month’s rent, by the tenant. 36
(4) The date the rental payments became delinquent. 37
(5) The length of time the tenant has remained in possession 38
without paying rent. 39
(6) The amount of rent claimed due and delinquent. 40
(7) A statement that the written notice was served on the 41
tenant in accordance with NRS 40.280. 42
(8) A copy of the written notice served on the tenant. 43
(9) A copy of the signed written rental agreement, if any. 44
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(b) Except when the tenant has timely filed the affidavit 1
described in subsection 3 and a file-stamped copy of it has been 2
received by the landlord or the landlord’s agent, and except when 3
the landlord is prohibited pursuant to NRS 118A.480, the landlord 4
or the landlord’s agent may, in a peaceable manner, provide for the 5
nonadmittance of the tenant to the premises by locking or otherwise. 6
6. Upon the filing by the tenant of the affidavit permitted in 7
subsection 3, regardless of the information contained in the 8
affidavit, and the filing by the landlord of the affidavit permitted by 9
subsection 5, the justice court or the district court shall hold a 10
hearing, after service of notice of the hearing upon the parties, to 11
determine the truthfulness and sufficiency of any affidavit or notice 12
provided for in this section. If the court determines that there is no 13
legal defense as to the alleged unlawful detainer and the tenant is 14
guilty of an unlawful detainer, the court may issue a summary order 15
for removal of the tenant or an order providing for the 16
nonadmittance of the tenant. If the court determines that there is a 17
legal defense as to the alleged unlawful detainer, the court shall 18
refuse to grant either party any relief, and, except as otherwise 19
provided in this subsection, shall require that any further 20
proceedings be conducted pursuant to NRS 40.290 to 40.420, 21
inclusive. The issuance of a summary order for removal of the 22
tenant does not preclude an action by the tenant for any damages or 23
other relief to which the tenant may be entitled. If the alleged 24
unlawful detainer was based upon subsection 5 of NRS 40.2514, the 25
refusal by the court to grant relief does not preclude the landlord 26
thereafter from pursuing an action for unlawful detainer in 27
accordance with NRS 40.251. 28
7. The tenant may, upon payment of the appropriate fees 29
relating to the filing and service of a motion, file a motion with the 30
court, on a form provided by the clerk of the court, to dispute the 31
amount of the costs, if any, claimed by the landlord pursuant to NRS 32
118A.460 for the inventory, moving and storage of personal 33
property left on the premises. The motion must be filed within 20 34
days after the summary order for removal of the tenant or the 35
abandonment of the premises by the tenant, or within 20 days after: 36
(a) The tenant has vacated or been removed from the premises; 37
and 38
(b) A copy of those charges has been requested by or provided 39
to the tenant, 40
whichever is later. 41
8. Upon the filing of a motion pursuant to subsection 7, the 42
court shall schedule a hearing on the motion. The hearing must be 43
held within 10 days after the filing of the motion. The court shall 44
affix the date of the hearing to the motion and order a copy served 45
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upon the landlord by the sheriff, constable or other process server. 1
At the hearing, the court may: 2
(a) Determine the costs, if any, claimed by the landlord pursuant 3
to NRS 118A.460 and any accumulating daily costs; and 4
(b) Order the release of the tenant’s property upon the payment 5
of the charges determined to be due or if no charges are determined 6
to be due. 7
9. The tenant may, upon payment of the appropriate fees 8
relating to the filing and service of a motion, file a motion with the 9
court on a form provided by the clerk of court to dispute the 10
reasonableness of the actions of a landlord pursuant to subsection 3 11
of NRS 118A.460. The motion must be filed within 5 days after the 12
tenant has vacated or been removed from the premises. Upon the 13
filing of a motion pursuant to this subsection, the court shall 14
schedule a hearing on the motion. The hearing must be held within 5 15
days after the filing of the motion. The court shall affix the date of 16
the hearing to the motion and order a copy served upon the landlord 17
by the sheriff, constable or other process server. At the hearing, the 18
court may: 19
(a) Order the landlord to allow the retrieval of the tenant’s 20
essential personal effects at the date and time and for a period 21
necessary for the retrieval, as determined by the court; and 22
(b) Award damages in an amount not greater than $2,500. 23
10. In determining the amount of damages, if any, to be 24
awarded under paragraph (b) of subsection 9, the court shall 25
consider: 26
(a) Whether the landlord acted in good faith; 27
(b) The course of conduct between the landlord and the tenant; 28
and 29
(c) The degree of harm to the tenant caused by the landlord’s 30
conduct. 31
11. A landlord shall not refuse to accept rent from a tenant that 32
is submitted after the landlord or the landlord’s agent has served or 33
had served a notice pursuant to subsection 1 if the refusal is based 34
on the fact that the tenant has not paid collection fees, attorney’s 35
fees or other costs other than rent, a reasonable charge for late 36
payments of rent or dishonored checks, or a security deposit. As 37
used in this subsection, “security deposit” has the meaning ascribed 38
to it in NRS 118A.240. 39
12. Except as otherwise provided in NRS 118A.315, this 40
section does not apply to: 41
(a) The tenant of a mobile home lot in a mobile home park or to 42
the tenant of a recreational vehicle lot in an area of a mobile home 43
park in this State other than an area designated as a recreational 44
– 22 –
- *AB223*
vehicle lot pursuant to the provisions of subsection 8 of 1
NRS 40.215. 2
(b) A tenant who provides proof to the landlord that he or she is 3
a federal worker, tribal worker, state worker or household member 4
of such a worker during a shutdown. 5
13. As used in this section, “close of business” means the close 6
of business of the court that has jurisdiction over the matter. 7
Sec. 17. NRS 439.479 is hereby amended to read as follows: 8
439.479 1. In addition to any other powers, duties and 9
authority conferred on a district board of health, the district board of 10
health may by affirmative vote of a majority of all the members of 11
the board adopt regulations consistent with law, which must take 12
effect immediately on their approval by the State Board of Health, 13
to: 14
(a) Regulate any health hazard on residential property; 15
(b) Regulate any health hazard in a rental dwelling unit; and 16
(c) Regulate any health hazard on commercial property. 17
2. The district board of health may adopt regulations to ensure 18
the enforcement of laws that protect the public health and safety 19
associated with the condition of rental dwelling units and to recover 20
all costs incurred by the district board of health relating thereto. Any 21
regulation adopted pursuant to this subsection must be provided by 22
the landlord of a rental dwelling unit to a tenant upon request to 23
ensure that the landlord and the tenant understand their respective 24
rights and responsibilities clearly. 25
3. In carrying out its duties relating to the protection of the 26
public health and safety associated with the condition of rental 27
dwelling units, the district board of health may: 28
(a) Take any enforcement action it determines necessary; and 29
(b) Establish an administrative hearing process, including, 30
without limitation, the hiring of qualified hearing officers. 31
4. If a tenant of a rental dwelling unit provides written notice to 32
the landlord pursuant to NRS 118A.355 specifying a failure by the 33
landlord to maintain the dwelling unit in a habitable condition and 34
requesting that the landlord remedy the failure and the landlord fails 35
to remedy the failure [or to make a reasonable effort to do so] within 36
the time prescribed in NRS 118A.355, the tenant may, in addition to 37
any remedy provided in NRS 118A.355 [,] or section 4 of this act, 38
provide to the district board of health a copy of the written notice 39
that the tenant provided to the landlord. If, upon inspection of the 40
dwelling unit, the district board of health determines that either the 41
landlord or the tenant has failed to maintain the dwelling unit in a 42
habitable condition, the district board of health may refer the matter 43
to the administrative hearing process if established pursuant to 44
subsection 3 or take any action with respect to the dwelling unit 45
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- *AB223*
which is authorized by this section or the regulations adopted 1
pursuant thereto. 2
5. Before the adoption, amendment or repeal of a regulation, 3
the district board of health must give at least 30 days’ notice of its 4
intended action. The notice must: 5
(a) Include a statement of either the terms or substance of the 6
proposal or a description of the subjects and issues involved and of 7
the time when, the place where and the manner in which interested 8
persons may present their views thereon; 9
(b) State each address at which the text of the proposal may be 10
inspected and copied; and 11
(c) Be mailed to all persons who have requested in writing that 12
they be placed on a mailing list, which must be kept by the board for 13
such purpose. 14
6. All interested persons must be afforded a reasonable 15
opportunity to submit data, views or arguments, orally or in writing, 16
on the intended action to adopt, amend or repeal the regulation. 17
With respect to substantive regulations, the district board of health 18
shall set a time and place for an oral public hearing, but if no one 19
appears who will be directly affected by the proposal and requests 20
an oral hearing, the district board of health may proceed 21
immediately to act upon any written submissions. The district board 22
of health shall consider fully all written and oral submissions 23
respecting the proposal. 24
7. The district board of health shall file a copy of all of its 25
adopted regulations with the county clerk. 26
8. As used in this section: 27
(a) “Commercial property” means any real property which is not 28
used as a dwelling unit and is not occupied as, or designed or 29
intended for occupancy as, a residence or sleeping place. 30
(b) “Dwelling unit” has the meaning ascribed to it in 31
NRS 118A.080. 32
(c) “Health hazard” means any biological, physical or chemical 33
exposure, condition or public nuisance that may adversely affect the 34
health of a person. 35
Sec. 18. The amendatory provisions of subsections 3 and 5 of 36
NRS 118A.200, as amended by section 5 of this act, do not apply to 37
a rental agreement entered into before October 1, 2025. A landlord 38
described in NRS 118A.200, as amended by section 5 of this act, 39
shall review the rental agreements of the landlord that are in effect 40
on October 1, 2025, to ensure compliance with the amendatory 41
provisions of this act and, on or before the date for renewal of such 42
an agreement, if necessary, revise the agreement to include the 43
information required pursuant to subsection 3 of NRS 118A.200, as 44
amended by section 5 of this act, and reformat the agreement to 45
– 24 –
- *AB223*
meet the requirements of subsection 5 of NRS 118A.200, as 1
amended by section 5 of this act. 2
H