NRS 118A.335 Landlordprohibited from employing certain persons without a work card under certaincircumstances; requirements governing issuance and renewal of work card;exceptions.

NRS 118A.340 Rightof tenant or cotenant to terminate lease due to physical or mental disabilityor death.

REMEDIES

NRS 118A.350 Failureof landlord to comply with rental agreement or maintain dwelling unit inhabitable condition.

NRS 118A.360 Failureof landlord to comply with rental agreement or maintain dwelling unit inhabitable condition where cost of compliance less than specified amount.

NRS 118A.370 Failureof landlord to deliver possession of dwelling unit.

NRS 118A.380 Failureof landlord to supply essential services.

NRS 118A.390 Unlawfulremoval or exclusion of tenant or willful interruption of essential services;procedure for expedited relief.

NRS 118A.400 Damageor destruction of dwelling unit by fire or casualty.

NRS 118A.410 Failureof landlord to disclose required information to tenant.

NRS 118A.420 Failureof tenant to comply with rental agreement or perform basic obligations:Damages; injunctive relief.

NRS 118A.430 Failureof tenant to comply with rental agreement or perform basic obligations:Termination of rental agreement.

NRS 118A.440 Failureof tenant to perform basic obligations: Remedial work by landlord may becharged to tenant.

NRS 118A.450 Abandonmentof dwelling unit by tenant: Remedies; presumption.

NRS 118A.460 Procedurefor disposal of personal property abandoned or left on premises.

NRS 118A.470 Holdingover by tenant.

NRS 118A.480 Landlordsrecovery of possession of dwelling unit.

NRS 118A.490 Actionsbased upon nonpayment of rent: Counterclaim by tenant; deposit of rent withcourt; judgment for eviction.

NRS 118A.500 Tenantsrefusal to allow lawful access to dwelling unit; landlords abuse of access.

NRS 118A.510 Retaliatoryconduct by landlord against tenant prohibited; remedies; exceptions.

NRS 118A.520 Whenlien or security interest in tenants household goods may be enforced;distraint for rent abolished; damages.

SAVING PROVISION

NRS 118A.530 Effectof chapter upon rental agreements entered into before July 1, 1977.

_________

GENERAL PROVISIONS

NRS 118A.010 Shorttitle. This chapter may be cited as theResidential Landlord and Tenant Act.

(Added to NRS by 1977, 1330)

NRS 118A.020 Definitions. As used in this chapter, unless the context otherwiserequires, the terms defined in NRS118A.030 to 118A.170, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1977, 1330)

NRS 118A.030 Abandonedproperty defined. Abandoned property meansproperty which is left unattended on the premises after the termination of thetenancy, unless the owner of the property has expressed an intent to return forthe property.

(Added to NRS by 1977, 1330)

NRS 118A.040 Actiondefined. Action includes counterclaim, crossclaim,third-party claim or any other proceeding in which rights are determined.

(Added to NRS by 1977, 1330)

NRS 118A.050 Building,housing and health codes defined. Building,housing and health codes include any law, ordinance or governmental regulationconcerning:

1. Health, safety, sanitation or fitness forhabitation; or

2. The construction, maintenance, operation,occupancy, use or appearance,

of anypremises or dwelling unit.

(Added to NRS by 1977, 1330)

NRS 118A.060 Causedefined. A tenancy is terminated with causefor:

1. Nonpayment of rent.

2. Nonpayment of utility charges if the landlordcustomarily pays such charges and submits a separate bill to the tenant.

3. Failure of the tenant to comply with:

(a) Basic obligations imposed on the tenant by thischapter;

(b) Valid rules or regulations established pursuant tothis chapter; or

4. Condemnation of the dwelling unit.

(Added to NRS by 1977, 1331)

NRS 118A.070 Courtdefined. Court means the district court,Justice Court or other court of competent jurisdiction situated in the countyor township wherein the premises are located.

(Added to NRS by 1977, 1331)

NRS 118A.080 Dwellingand dwelling unit defined. Dwelling ordwelling unit means a structure or the part of a structure that is occupiedas, or designed or intended for occupancy as, a residence or sleeping place byone person who maintains a household or by two or more persons who maintain acommon household.

(Added to NRS by 1977, 1331)

NRS 118A.090 Excludedefined. Exclude means to evict or toprohibit entry by locking doors or by otherwise blocking or attempting to blockentry, or to make a dwelling unit uninhabitable by interrupting or causing theinterruption of electric, gas, water or other essential services.

(Added to NRS by 1977, 1331)

NRS 118A.100 Landlorddefined. Landlord means a person who providesa dwelling unit for occupancy by another pursuant to a rental agreement.

(Added to NRS by 1977, 1331)

NRS 118A.110 Normalwear defined. Normal wear means that deteriorationwhich occurs without negligence, carelessness or abuse of the premises, equipmentor chattels by the tenant, a member of his household or other person on thepremises with his consent.

(Added to NRS by 1977, 1331)

NRS 118A.120 Ownerdefined. Owner means one or more persons,jointly or severally, in whom is vested:

1. All or part of the legal title to property, excepta trustee under a deed of trust who is not in possession of the property; or

2. All or part of the beneficial ownership, and aright to present use and enjoyment of the premises.

(Added to NRS by 1977, 1331)

NRS 118A.130 Persondefined. Person includes a government, a governmentalagency and a political subdivision of a government.

(Added to NRS by 1977, 1331; A 1985, 507)

NRS 118A.140 Premisesdefined. Premises means a dwelling unit andthe structure of which it is a part, facilities, furniture, utilities andappurtenances therein and grounds, areas and facilities held out for the use oftenants.

(Added to NRS by 1977, 1331)

NRS 118A.150 Rentdefined. Rent means all periodic payments tobe made to the landlord for occupancy of a dwelling unit, including, withoutlimitation, all reasonable and actual late fees set forth in the rentalagreement.

(Added to NRS by 1977, 1331; A 1999, 984)

NRS 118A.160 Rentalagreement defined. Rental agreement meansany oral or written agreement for the use and occupancy of a dwelling unit orpremises.

(Added to NRS by 1977, 1331)

NRS 118A.170 Tenantdefined. Tenant means a person entitledunder a rental agreement to occupy a dwelling unit to the exclusion of others.

(Added to NRS by 1977, 1332)

NRS 118A.180 Applicability.

1. Except as otherwise provided in subsection 2, thischapter applies to, regulates and determines rights, obligations and remediesunder a rental agreement, wherever made, for a dwelling unit or premiseslocated within this State.

2. This chapter does not apply to:

(a) A rental agreement subject to the provisions of chapter 118B of NRS;

(b) Low-rent housing programs operated by publichousing authorities and established pursuant to the United States Housing Actof 1937, 42 U.S.C. 1437 et seq.;

(c) Residence in an institution, public or private,incident to detention or the provision of medical, geriatric, educational,counseling, religious or similar service;

(d) Occupancy under a contract of sale of a dwellingunit or the property of which it is a part, if the occupant is the purchaser orhis successor in interest;

(e) Occupancy by a member of a fraternal or socialorganization in the portion of a structure operated for the benefit of theorganization;

(f) Occupancy in a hotel or motel for less than 30consecutive days unless the occupant clearly manifests an intent to remain fora longer continuous period;

(g) Occupancy by an employee of a landlord whose rightto occupancy is solely conditional upon employment in or about the premises;

(h) Occupancy by an owner of a condominium unit or by aholder of a proprietary lease in a cooperative apartment; or

(i) Occupancy under a rental agreement coveringpremises used by the occupant primarily for agricultural purposes.

(Added to NRS by 1977, 1332; A 1985, 1413; 1999, 1228; 2003, 2967; 2005, 1009)

NRS 118A.190 Notice:Definition; service.

1. A person has notice of a fact if:

(a) He has actual knowledge of it;

(b) He has received a notice or notification of it; or

2. Written notices to the tenant prescribed by thischapter shall be served in the manner provided by NRS 40.280.

3. Written notices to the landlord prescribed by thischapter may be delivered or mailed to the place of business of the landlorddesignated in the rental agreement or to any place held out by the landlord asthe place for the receipt of rental payments from the tenant and are effectivefrom the date of delivery or mailing.

(Added to NRS by 1977, 1332)

NRS 118A.200 Rentalagreements: Signing; required provisions; disputable presumptions; use ofnonconforming agreement unlawful.

1. Any written agreement for the use and occupancy ofa dwelling unit or premises must be signed by the landlord or his agent and thetenant or his agent.

2. Any written rental agreement must contain, but isnot limited to, provisions relating to the following subjects:

(a) Duration of the agreement.

(b) Amount of rent and the manner and time of itspayment.

(d) Services included with the dwelling rental.

(e) Fees which are required and the purposes for whichthey are required.

(f) Deposits which are required and the conditions fortheir refund.

(g) Charges which may be required for late or partialpayment of rent or for return of any dishonored check.

(h) Inspection rights of the landlord.

(i) A listing of persons or numbers of persons who areto occupy the dwelling.

(j) Respective responsibilities of the landlord and thetenant as to the payment of utility charges.

(k) A signed record of the inventory and condition ofthe premises under the exclusive custody and control of the tenant.

(l) A summary of the provisions of NRS 202.470.

(m) Information regarding the procedure pursuant towhich a tenant may report to the appropriate authorities:

(1) A nuisance.

(2) A violation of a building, safety or healthcode or regulation.

(n) Information regarding the right of the tenant toengage in the display of the flag of the United States, as set forth in NRS 118A.325.

3. The absence of a written agreement raises adisputable presumption that:

(a) There are no restrictions on occupancy by childrenor pets.

(b) Maintenance and waste removal services are providedwithout charge to the tenant.

(d) Other than normal wear, the premises will bereturned in the same condition as when the tenancy began.

4. It is unlawful for a landlord or any personauthorized to enter into a rental agreement on his behalf to use any writtenagreement which does not conform to the provisions of this section, and anyprovision in an agreement which contravenes the provisions of this section isvoid.

(Added to NRS by 1977, 1333; A 2001, 1352; 2003, 2968)

NRS 118A.210 Rentalagreements: Payment of rent; term of tenancy.

1. Rent is payable without demand or notice at thetime and place agreed upon by the parties.

2. Unless the rental agreement establishes a definiteterm, the tenancy is from week to week in the case of a tenant who pays weeklyrent and in all other cases the tenancy is from month to month.

3. In the absence of an agreement, either written ororal:

(a) Rent is payable at the beginning of the tenancy;and

(b) Rent for the use and occupancy of a dwelling is thefair rental value for the use and occupancy.

(Added to NRS by 1977, 1333)

NRS 118A.220 Rentalagreements: Prohibited provisions.

1. A rental agreement shall not provide that thetenant:

(a) Agrees to waive or forego rights or remediesafforded by this chapter;

(b) Authorizes any person to confess judgment on anyclaim arising out of the rental agreement;

(c) Agrees to pay the landlords attorneys fees,except that the agreement may provide that reasonable attorneys fees may beawarded to the prevailing party in the event of court action;

(d) Agrees to the exculpation or limitation of anyliability of the landlord arising under law or to indemnify the landlord forthat liability or the costs connected therewith if the liability is based uponan act or omission of the landlord or any agent or employee of the landlord; or

(e) Agrees to give the landlord a different notice oftermination than that required to be given by the landlord to the tenant.

2. Any provision prohibited by subsection 1 is void ascontrary to public policy and the tenant may recover any actual damagesincurred through the inclusion of the prohibited provision.

(Added to NRS by 1977, 1333)

NRS 118A.230 Rentalagreements: Unconscionability.

1. If the court as a matter of law finds that a rentalagreement or any of its provisions was unconscionable when made, the court mayrefuse to enforce the agreement, enforce the remainder of the agreement withoutthe unconscionable provision or limit the application of any unconscionableprovision to avoid an unconscionable result.

2. If unconscionability is put in issue by a party orby the court upon its own motion, the parties shall be afforded a reasonableopportunity to present evidence as to the setting, purpose and effect of therental agreement or settlement to aid the court in making its determination.

(Added to NRS by 1977, 1332)

OBLIGATIONS OF LANDLORD

NRS 118A.240 Securitydefined.

1. Any payment, deposit, fee or charge that is to beused for any of the following purposes is security and is governed by theprovisions of this section and NRS118A.242 and 118A.244:

(a) Remedying any default of the tenant in the paymentsof rent.

(b) Repairing damages to the premises other than normalwear caused by the tenant.

2. Security does not include any payment, deposit orfee to secure an option to purchase the premises.

(Added to NRS by 1977, 1334; A 1981, 1184; 1985,1414)

NRS 118A.242 Security:Limitation on amount or value; duties and liability of landlord; damages;prohibited provisions.

1. The landlord may not demand or receive security,including the last months rent, whose total amount or value exceeds 3 monthsperiodic rent.

2. Upon termination of the tenancy by either party forany reason, the landlord may claim of the security only such amounts as arereasonably necessary to remedy any default of the tenant in the payment ofrent, to repair damages to the premises caused by the tenant other than normalwear and to pay the reasonable costs of cleaning the premises. The landlordshall provide the tenant with an itemized written accounting of the dispositionof the security and return any remaining portion of the security to the tenantno later than 30 days after the termination of the tenancy by handing it to himpersonally at the place where the rent is paid, or by mailing it to him at hispresent address, or if that address is unknown, at the tenants last knownaddress.

3. If the landlord fails or refuses to return theremainder of a security deposit within 30 days after the end of a tenancy, heis liable to the tenant for damages:

(a) In an amount equal to the entire deposit; and

(b) For a sum to be fixed by the court of not more thanthe amount of the entire deposit.

4. In determining the sum, if any, to be awarded underparagraph (b) of subsection 3, the court shall consider:

(a) Whether the landlord acted in good faith;

(b) The course of conduct between the landlord and thetenant; and

5. Except for an agreement which provides for anonrefundable charge for cleaning, in a reasonable amount, no rental agreementmay contain any provision characterizing any security under this section asnonrefundable or any provision waiving or modifying a tenants rights underthis section. Any such provision is void as contrary to public policy.

6. The claim of a tenant to security to which he isentitled under this chapter takes precedence over the claim of any creditor ofthe landlord.

(Added to NRS by 1977, 1334; A 1981, 1184; 1985,1414)

NRS 118A.244 Noticeor transfer of security to tenant and successor in interest required upontransfer of dwelling unit.

1. Upon termination of the landlords interest in thedwelling unit, whether by sale, assignment, death, appointment of receiver orotherwise, the landlord or his agent shall, within a reasonable time, do one ofthe following, which relieves him of further liability with respect to thesecurity:

(a) Notify the tenant in writing of the name, addressand telephone number of his successor in interest, and that he has transferredto his successor in interest the portion of the security remaining after makingany deductions allowed under NRS 118A.242.

(b) Return to the tenant the portion of the securityremaining after making any deductions allowed under NRS 118A.242.

Thesuccessor has the rights, obligations and liabilities of the former landlord asto any securities which are owed under this section or NRS 118A.242 at the time of transfer.

2. The landlord shall, before he records a deedtransferring any dwelling unit:

(a) Transfer to his successor, in writing, the portionof any tenants security deposit or other money held by him which remains aftermaking any deductions allowed under NRS118A.242; or

(b) Notify his successor in writing that he hasreturned all such deposits or portions thereof to the tenant.

(Added to NRS by 1977, 1334; A 1981, 1184; 1985,1413, 1414)

NRS 118A.250 Receiptsfor security, rent and other payments. The landlordshall deliver to the tenant upon his request a signed written receipt forsecurity and any other payments, deposits or fees, including rent, paid by thetenant and received by the landlord. The tenant may refuse to make rentpayments until the landlord tenders the requested receipt.

(Added to NRS by 1977, 1335)

NRS 118A.260 Disclosureof names and addresses of managers and owners; emergency telephone number;service of process.

1. The landlord, or any person authorized to enterinto a rental agreement on his behalf, shall disclose to the tenant in writingat or before the commencement of the tenancy:

(a) The name and address of:

(1) The persons authorized to manage thepremises;

(2) A person authorized to act for and on behalfof the landlord for the purpose of service of process and receiving notices anddemands; and

(3) The principal or corporate owner.

(b) A telephone number at which a responsible personwho resides in the county or within 60 miles of where the premises are locatedmay be called in case of emergency.

2. The information required to be furnished by thissection must be kept current, and this section is enforceable against anysuccessor landlord or manager of the premises.

3. A party who enters into a rental agreement onbehalf of the landlord and fails to comply with this section is an agent of thelandlord for purposes of:

(a) Service of process and receiving notices anddemands; and

(b) Performing the obligations of the landlord underlaw and under the rental agreement.

4. In any action against a landlord which involves hisrental property, service of process upon the manager of the property shall bedeemed to be service upon the landlord. The obligations of the landlord devolveupon the persons authorized to enter into a rental agreement on his behalf.

5. This section does not limit or remove the liabilityof an undisclosed landlord.

(Added to NRS by 1977, 1335; A 1981, 1185; 2001, 1353; 2003, 817)

NRS 118A.270 Alternativemethod of disclosure. Instead of the manner ofdisclosure provided in NRS 118A.260,the landlord may:

1. In each dwelling structure containing an elevator,place a printed or typewritten notice containing the information required bythat section in every elevator and in one other conspicuous place; or

2. In each dwelling structure not containing anelevator, place a printed or typewritten notice containing that information inat least two conspicuous places.

The noticesshall be kept current and reasonable efforts shall be made to maintain them ina visible position and legible condition.

(Added to NRS by 1977, 1335)

NRS 118A.280 Deliveryof possession of premises. At the commencementof the rental term the landlord shall deliver possession of the premises to thetenant in compliance with the rental agreement and in a habitable condition asprovided in this chapter.

(Added to NRS by 1977, 1336)

NRS 118A.290 Habitabilityof dwelling unit.

1. The landlord shall at all times during the tenancymaintain the dwelling unit in a habitable condition. A dwelling unit is nothabitable if it substantially lacks:

(a) Effective waterproofing and weather protection ofthe roof and exterior walls, including windows and doors.

(b) Plumbing facilities which conformed to applicablelaw when installed and which are maintained in good working order.

(1) Under the control of the tenant or landlordand is capable of producing hot and cold running water;

(2) Furnished to appropriate fixtures; and

(3) Connected to a sewage disposal systemapproved under applicable law and maintained in good working order to theextent that the system can be controlled by the landlord.

(d) Adequate heating facilities which conformed toapplicable law when installed and are maintained in good working order.

(e) Electrical lighting, outlets, wiring and electricalequipment which conformed to applicable law when installed and are maintainedin good working order.

(f) An adequate number of appropriate receptacles forgarbage and rubbish in clean condition and good repair at the commencement ofthe tenancy. The landlord shall arrange for the removal of garbage and rubbishfrom the premises unless the parties by written agreement provide otherwise.

(g) Building, grounds, appurtenances and all otherareas under the landlords control at the time of the commencement of thetenancy in every part clean, sanitary and reasonably free from allaccumulations of debris, filth, rubbish, garbage, rodents, insects and vermin.

(h) Floors, walls, ceilings, stairways and railingsmaintained in good repair.

(i) Ventilating, air-conditioning and other facilitiesand appliances, including elevators, maintained in good repair if supplied orrequired to be supplied by the landlord.

2. The landlord and tenant may agree that the tenantis to perform specified repairs, maintenance tasks and minor remodeling onlyif:

(a) The agreement of the parties is entered into ingood faith; and

(b) The agreement does not diminish the obligations ofthe landlord to other tenants in the premises.

3. An agreement pursuant to subsection 2 is notentered into in good faith if the landlord has a duty under subsection 1 toperform the specified repairs, maintenance tasks or minor remodeling and thetenant enters into the agreement because the landlord or his agent has refusedto perform them.

(Added to NRS by 1977, 1336; A 1999, 1229)

NRS 118A.300 Advancenotice of increase of rent. The landlord maynot increase the rent payable by a tenant unless it serves the tenant with awritten notice, 45 days or, in the case of any periodic tenancy of less than 1month, 15 days in advance of the first rental payment to be increased, advisinghim of the increase.

(Added to NRS by 1977, 1336; A 1983, 1574)

OBLIGATIONS OF TENANT

NRS 118A.310 Basicobligations. A tenant shall, as basicobligations under this chapter:

1. Comply with the terms of the rental agreement;

2. Keep that part of the premises which is occupiedand used as clean and safe as the condition of the premises permit;

3. Dispose of all ashes, garbage, rubbish and otherwaste from the dwelling unit in a clean and safe manner;

4. Keep all plumbing fixtures in the dwelling unit asclean as their condition permits;

5. Use in a reasonable manner all electrical,plumbing, sanitary, heating, ventilating, air-conditioning and other facilitiesand appliances, including elevators, in the premises;

6. Not deliberately or negligently render the premisesuninhabitable or destroy, deface, damage, impair or remove any part of thepremises or knowingly permit any person to do so; and

7. Conduct himself and require other persons on thepremises with his consent to conduct themselves in a manner that will notdisturb a neighbors peaceful enjoyment of the premises.

(Added to NRS by 1977, 1336)

MISCELLANEOUS RIGHTS AND OBLIGATIONS OF LANDLORD AND TENANT

NRS 118A.320 Rulesor regulations of landlord.

1. The landlord, from time to time, may adopt rules orregulations concerning the tenants use and occupancy of the premises. Such arule or regulation is enforceable against the tenant only if:

(a) Its purpose is to promote the convenience, safetyor welfare of the landlord or tenants in the premises, preserve the landlordsproperty from abusive use or make a fair distribution of services andfacilities held out for the tenants generally;

(b) It is reasonably related to the purpose for whichit is adopted;

(d) It is sufficiently explicit in its prohibition,direction or limitation of the tenants conduct fairly to inform the tenant ofwhat must or must not be done to comply;

(e) It is in good faith and not for the purpose ofevading an obligation of the landlord; and

(f) The tenant has notice of the rule or regulation atthe time he enters into the rental agreement or after the rule or regulation isadopted by the landlord.

2. A rule or regulation adopted after the tenantenters into the rental agreement which works a material modification of thebargain is enforceable against a tenant:

(a) Who expressly consents to it in writing; or

(b) Who has 30 days advance written notice of it.

(Added to NRS by 1977, 1337)

NRS 118A.325 Rightof tenant to display flag of the United States in certain areas; conditions andlimitations on exercise of right.

1. Except as otherwise provided in subsection 2, alandlord or an agent or employee of a landlord shall not prohibit a tenant fromengaging in the display of the flag of the United States within such physicalportion of the premises as that tenant has a right to occupy and useexclusively.

2. The provisions of this section do not:

(a) Apply to the display of the flag of the UnitedStates for commercial advertising purposes.

(b) Preclude a landlord or an agent or employee of alandlord from adopting rules that reasonably restrict the placement and mannerof the display of the flag of the United States by a tenant.

3. In any action commenced to enforce the provisionsof this section, the prevailing party is entitled to recover reasonableattorneys fees and costs.

4. As used in this section, display of the flag ofthe United States means a flag of the United States that is:

(a) Made of cloth, fabric or paper;

(b) Displayed from a pole or staff or in a window; and

The termdoes not include a depiction or emblem of the flag of the United States that ismade of balloons, flora, lights, paint, paving materials, roofing, siding orany other similar building, decorative or landscaping component.

(Added to NRS by 2003, 2967)

NRS 118A.330 Landlordsaccess to dwelling unit.

1. A tenant shall not unreasonably withhold consentfor the landlord peaceably to enter into the dwelling unit to:

(a) Inspect the premises;

(b) Make necessary or agreed repairs, decorating,alterations or improvements;

(d) Exhibit the dwelling unit to prospective or actualpurchasers, mortgagees, tenants, workmen, contractors or other persons with abona fide interest in inspecting the premises.

2. The landlord may enter the dwelling unit withoutconsent of the tenant in case of emergency.

3. The landlord shall not abuse the right of access oruse it to harass the tenant. Except in case of emergency, the landlord shallgive the tenant at least 24 hours notice of intent to enter and may enter onlyat reasonable times during normal business hours unless the tenant expresslyconsents to shorter notice or to entry during nonbusiness hours with respect tothe particular entry.

4. The landlord has no other right of access except:

(a) Pursuant to court order;

(b) Where the tenant has abandoned or surrendered thepremises; or

(Added to NRS by 1977, 1337)

NRS 118A.335 Landlordprohibited from employing certain persons without a work card under certaincircumstances; requirements governing issuance and renewal of work card;exceptions.

1. Except as otherwise provided in subsection 4, alandlord of dwelling units intended and operated exclusively for persons 55years of age and older may not employ any person who will work 36 hours or moreper week and who will have access to all dwelling units to perform work on thepremises unless the person has obtained a work card issued pursuant tosubsection 2 by the sheriff of the county in which the dwelling units arelocated and renewed that work card as necessary.

2. The sheriff of a county shall issue a work card toeach person who is required by this section to obtain a work card and whocomplies with the requirements established by the sheriff for the issuance ofsuch a card. A work card issued pursuant to this section must be renewed:

(a) Every 5 years; and

(b) Whenever the person changes his employment toperform work for an employer other than the employer for which his current workcard was issued.

3. If the sheriff of a county requires an applicantfor a work card to be investigated:

(a) The applicant must submit with his application acomplete set of his fingerprints and written permission authorizing the sheriffto forward the fingerprints to the Central Repository for Nevada Records ofCriminal History for submission to the Federal Bureau of Investigation for itsreport.

(b) The sheriff may submit the fingerprints to theCentral Repository for Nevada Records of Criminal History for submission to theFederal Bureau of Investigation to determine the criminal history of theapplicant.

(c) The sheriff shall issue a temporary work cardpending the determination of the criminal history of the applicant by theFederal Bureau of Investigation.

4. The following persons are not required to obtain awork card pursuant to this section:

(a) A person who holds a permit to engage in propertymanagement pursuant to chapter 645 of NRS.

(b) An independent contractor. As used in thisparagraph, independent contractor means a person who performs services for afixed price according to his own methods and without subjection to thesupervision or control of the landlord, except as to the results of the work,and not as to the means by which the services are accomplished.

(c) An offender in the course and scope of hisemployment in a work program directed by the warden, sheriff, administrator orother person responsible for administering a prison, jail or other detentionfacility.

(d) A person performing work through a court-assignedrestitution or community-service program.

(Added to NRS by 2003, 1250)

NRS 118A.340 Rightof tenant or cotenant to terminate lease due to physical or mental disabilityor death.

1. Notwithstanding any provision in a lease of adwelling to the contrary, if a physical or mental condition of a tenantrequires the relocation of the tenant from his dwelling because of a need forcare or treatment that cannot be provided in the dwelling and the tenant is 60years of age or older or has a physical or mental disability:

(a) That tenant may terminate the lease by giving thelandlord 30 days written notice within 60 days after the tenant relocates; and

(b) A cotenant of that tenant may terminate the leaseby giving the landlord 30 days written notice within 60 days after the tenantrelocates if:

(1) The cotenant became a tenant of the dwellingbefore the date on which the lease was signed by the tenant who is relocatingand the cotenant is 60 years of age or older or has a physical or mentaldisability; or

(2) The cotenant became a tenant of the dwellingon or after the date on which the lease was signed by the tenant who isrelocating.

2. Notwithstanding any provision in a lease of adwelling to the contrary, upon the death of the spouse or cotenant of:

(a) A tenant who is 60 years of age or older; or

(b) A tenant who has a physical or mental disability,

the tenantmay terminate the lease by giving the landlord 60 days written notice within 3months after the death.

3. The written notice provided to a landlord pursuantto subsection 1 or 2 must set forth the facts which demonstrate that the tenantor cotenant is entitled to terminate the lease. If the tenant or cotenant isterminating the lease pursuant to subsection 1, the tenant or cotenant shallinclude reasonable verification:

(a) Of the existence of the physical or mentalcondition of the tenant; and

(b) That the physical or mental condition requires therelocation of the tenant from his dwelling because of a need for care ortreatment that cannot be provided in the dwelling.

4. This section does not give a landlord the right toterminate a lease solely because of the death of one of the tenants.

5. As used in this section, cotenant means a tenantwho, pursuant to a lease, is entitled to occupy a dwelling that another tenantwho is 60 years of age or older or who has a physical or mental disability isalso entitled to occupy pursuant to the same lease.

(Added to NRS by 1977, 1338; A 2005, 314)

REMEDIES

NRS 118A.350 Failureof landlord to comply with rental agreement or maintain dwelling unit inhabitable condition.

1. Except as otherwise provided in this chapter, ifthe landlord fails to comply with the rental agreement or fails to maintain thedwelling unit in a habitable condition as required by this chapter, the tenantshall deliver a written notice to the landlord specifying the acts andomissions constituting the breach and stating that the rental agreement willterminate as provided in this section. If the breach is remediable and thelandlord adequately remedies the breach or uses his best efforts to remedy the breachwithin 14 days after receipt of the notice, the rental agreement does notterminate by reason of the breach. If the landlord fails to remedy the breachor make a reasonable effort to do so within the prescribed time, the tenantmay:

(a) Terminate the rental agreement immediately.

(b) Recover actual damages.

2. The tenant may not terminate for a condition causedby his own deliberate or negligent act or omission or that of a member of hishousehold or other person on the premises with his consent.

3. If the rental agreement is terminated, the landlordshall return all prepaid rent and security recoverable by the tenant under thischapter.

4. A tenant may not proceed under this section unlesshe has given notice as required by subsection 1, except that the tenant may,without giving that notice, recover damages under paragraph (b) of subsection 1if the landlord:

(a) Admits to the court that he had knowledge of thecondition constituting the breach; or

(b) Has received written notice of that condition froma governmental agency authorized to inspect for violations of building, housingor health codes.

(Added to NRS by 1977, 1338; A 1985, 1415)

NRS 118A.360 Failureof landlord to comply with rental agreement or maintain dwelling unit inhabitable condition where cost of compliance less than specified amount.

1. If the landlord fails to comply with the rentalagreement or his obligation to maintain the dwelling unit in a habitablecondition as required by this chapter, and the reasonable cost of compliance orrepair is less than $100 or an amount equal to one months periodic rent,whichever amount is greater, the tenant may recover damages for the breach ornotify the landlord of the tenants intention to correct the condition at thelandlords expense. If the landlord fails to use his best efforts to complywithin 14 days after being notified by the tenant in writing or more promptlyif conditions require in case of emergency, the tenant may cause the work to bedone in a workmanlike manner and after submitting to the landlord an itemizedstatement, the tenant may deduct from his rent the actual and reasonable costor the fair or reasonable value of the work, not exceeding the amount specifiedin this subsection.

2. The landlord may specify in the rental agreement orotherwise that work done under this section and NRS 118A.380 must be performed by a namedperson or firm or class of persons or firms qualified to do the work and thetenant must comply with the specifications. If the person qualified to do thework is unavailable or unable to perform the repairs the tenant shall useanother qualified repairman.

3. A tenant may not repair at the landlords expenseif the condition was caused by the deliberate or negligent act or omission ofthe tenant, a member of his household or other person on the premises with hisconsent.

4. The landlords liability under this section islimited to $100 or an amount equal to one months periodic rent, whicheveramount is greater, within any 12-month period.

5. A tenant may not proceed under this section unlesshe has given notice to the landlord that the dwelling is not in a habitablecondition as required by this chapter.

(Added to NRS by 1977, 1339)

NRS 118A.370 Failureof landlord to deliver possession of dwelling unit. Ifthe landlord fails to deliver possession of the dwelling unit to the tenant asprovided in this chapter, rent abates until possession is delivered asrequired, and the tenant may:

1. Terminate the rental agreement upon at least 5days written notice to the landlord and upon termination the landlord shallreturn all prepaid rent, security recoverable under this chapter, and anypayment, deposit, fee or charge to secure the execution of the rentalagreement; or

2. Demand performance of the rental agreement by thelandlord and, if the tenant elects, maintain an action for possession of thedwelling unit against the landlord or any person wrongfully in possession andrecover the actual damages sustained. If the landlord has exercised duediligence to evict the holdover tenant or remedy the condition keeping the newtenant from taking possession, the landlord is not liable for damages; or

3. Pursue any other remedies to which the tenant isentitled, including the right to recover any actual damages suffered.

(Added to NRS by 1977, 1339)

NRS 118A.380 Failureof landlord to supply essential services.

1. If the landlord is required by the rental agreementor this chapter to supply heat, air-conditioning, running water, hot water,electricity, gas, or another essential service and he willfully or negligentlyfails to do so, causing the premises to become unfit for habitation, the tenantshall give written notice to the landlord specifying the breach. If thelandlord does not adequately remedy the breach, or use his best efforts toremedy 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 otherremedy:

(a) Procure reasonable amounts of such essentialservices during the landlords noncompliance and deduct their actual andreasonable cost from the rent;

(b) Recover actual damages, including damages basedupon the lack of use of the premises or the diminution of the fair rental valueof the dwelling unit;

(c) Withhold any rent that becomes due during thelandlords noncompliance without incurring late fees, charges for notice or anyother charge or fee authorized by this chapter or the rental agreement, untilthe landlord has attempted in good faith to restore the essential services; or

(d) Procure other housing which is comparable duringthe landlords noncompliance, and the rent for the original premises fullyabates during this period. The tenant may recover the actual and reasonablecost of that other housing which is in excess of the amount of rent which isabated.

2. If the tenant proceeds under this section, he maynot proceed under NRS 118A.350 and 118A.360 as to that breach.

3. The rights of the tenant under this section do notarise until he has given written notice as required by subsection 1, exceptthat the tenant may, without having given that notice, recover damages asauthorized under paragraph (b) of subsection 1 if the landlord:

(a) Admits to the court that he had knowledge of thelack of such essential services; or

(b) Has received written notice of the uninhabitablecondition caused by such a lack from a governmental agency authorized toinspect for violations of building, housing or health codes.

4. The rights of the tenant under paragraph (c) ofsubsection 1 do not arise unless the tenant is current in the payment of rentat the time of giving written notice pursuant to subsection 1.

5. If such a condition was caused by the deliberate ornegligent act or omission of the tenant, a member of his household or otherperson on the premises with his consent, the tenant has no rights under thissection.

(Added to NRS by 1977, 1339; A 1985, 1416; 1987, 314;1999, 1230)

NRS 118A.390 Unlawfulremoval or exclusion of tenant or willful interruption of essential services;procedure for expedited relief.

1. If the landlord unlawfully removes the tenant fromthe premises or excludes the tenant by blocking or attempting to block hisentry upon the premises or willfully interrupts or causes or permits theinterruption of any essential service required by the rental agreement or thischapter, the tenant may recover immediate possession pursuant to subsection 4,proceed under NRS 118A.380 orterminate the rental agreement and, in addition to any other remedy, recoverhis actual damages, receive an amount not greater than $1,000 to be fixed bythe court, or both.

2. In determining the amount, if any, to be awardedunder subsection 1, the court shall consider:

(a) Whether the landlord acted in good faith;

(b) The course of conduct between the landlord and thetenant; and

3. If the rental agreement is terminated pursuant tosubsection 1, the landlord shall return all prepaid rent and securityrecoverable under this chapter.

4. Except as otherwise provided in subsection 5, thetenant may recover immediate possession of the premises from the landlord byfiling a verified complaint for expedited relief for the unlawful removal orexclusion of the tenant from the premises or the willful interruption ofessential services.

5. A verified complaint for expedited relief:

(a) Must be filed with the court within 5 judicial daysafter the date of the unlawful act by the landlord, and the verified complaintmust be dismissed if it is not timely filed. If the verified complaint forexpedited relief is dismissed pursuant to this paragraph, the tenant retainsthe right to pursue all other available remedies against the landlord.

(b) May not be filed with the court if an action forsummary eviction or unlawful detainer is already pending between the landlordand tenant, but the tenant may seek similar relief before the judge presidingover the pending action.

6. The court shall conduct a hearing on the verifiedcomplaint for expedited relief within 3 judicial days after the filing of theverified complaint for expedited relief. Before or at the scheduled hearing,the tenant must provide proof that the landlord has been properly served with acopy of the verified complaint for expedited relief. Upon the hearing, if it isdetermined that the landlord has violated any of the provisions of subsection1, the court may:

(a) Order the landlord to restore to the tenant thepremises or essential services, or both;

(b) Award damages pursuant to subsection 1; and

(c) Enjoin the landlord from violating the provisionsof subsection 1 and, if the circumstances so warrant, hold the landlord incontempt of court.

7. The payment of all costs and official fees must bedeferred for any tenant who files a verified complaint for expedited relief.After any hearing and not later than final disposition of the filing or order,the court shall assess the costs and fees against the party that does notprevail, except that the court may reduce them or waive them, as justice mayrequire.

(Added to NRS by 1977, 1340; A 1985, 1417; 2003, 426)

NRS 118A.400 Damageor destruction of dwelling unit by fire or casualty.

1. If the dwelling unit or premises are damaged ordestroyed by fire or casualty to an extent that enjoyment of the dwelling unitis substantially impaired, the landlord may terminate the rental agreement andthe tenant may, in addition to any other remedy:

(a) Immediately vacate the premises and notify thelandlord within 7 days thereafter of his intention to terminate the rentalagreement, in which case the rental agreement terminates as of the date ofvacating.

(b) If continued occupancy is lawful, vacate any partof the dwelling unit rendered unusable by the fire or casualty, in which casethe tenants liability for rent is reduced in proportion to the diminution inthe fair rental value of the dwelling unit or lack of use of the dwelling unit.

2. If the rental agreement is terminated, the landlordshall return all prepaid rent and security recoverable under this chapter.Accounting for rent in the event of termination or such continued occupancyshall be made as of the date the premises were vacated.

3. This section does not apply if it is determinedthat the fire or casualty were caused by deliberate or negligent acts of thetenant, a member of his household or other person on the premises with hisconsent.

(Added to NRS by 1977, 1340)

NRS 118A.410 Failureof landlord to disclose required information to tenant. After a demand by the tenant, if a landlord fails todisclose as provided in NRS 118A.260or NRS 118A.270, the tenant mayrecover actual damages or $25, whichever is greater.

(Added to NRS by 1977, 1341)

NRS 118A.420 Failureof tenant to comply with rental agreement or perform basic obligations:Damages; injunctive relief. Except asotherwise provided in this chapter, the landlord may recover damages and obtaininjunctive relief for failure of the tenant to comply with the rental agreementor perform his basic obligations under this chapter.

(Added to NRS by 1977, 1341)

NRS 118A.430 Failureof tenant to comply with rental agreement or perform basic obligations:Termination of rental agreement.

1. Except as otherwise provided in this chapter, ifthe tenant fails to comply with the rental agreement or fails to perform hisbasic obligations under this chapter, the landlord may deliver a written noticeto the tenant specifying the acts and omissions constituting the breach andthat the rental agreement will terminate as provided in this section. If thebreach is remediable and the tenant does not adequately remedy the breach oruse his best efforts to remedy the breach within 5 days after receipt of thenotice, or if the breach cannot be remedied, the landlord may terminate therental agreement.

2. If the tenant is not reasonably able to remedy thebreach, the tenant may avoid termination of the rental agreement by authorizingthe landlord to enter and remedy the breach and by paying any reasonableexpenses or damages resulting from the breach or the remedy thereof.

(Added to NRS by 1977, 1341)

NRS 118A.440 Failureof tenant to perform basic obligations: Remedial work by landlord may becharged to tenant. If the tenants failure toperform basic obligations under this chapter can be remedied by repair,replacement of a damaged item or cleaning, and the tenant fails to use his bestefforts to comply within 14 days after written notice by the landlordspecifying the breach and requesting that the tenant remedy it within thatperiod of time or more promptly if conditions require in case of emergency, thelandlord may enter the dwelling unit and cause the work to be done in aworkmanlike manner and submit the itemized bill for the actual and reasonablecost, or the fair and reasonable value of the work. The itemized bill shall bepaid as rent on the next date periodic rent is due, or if the rental agreementhas terminated, may be submitted to the tenant for immediate payment ordeducted from the security.

(Added to NRS by 1977, 1341)

NRS 118A.450 Abandonmentof dwelling unit by tenant: Remedies; presumption. Ifthe landlord has notice of the fact of abandonment by the tenant, the landlordmay dispose of the tenants personal property as provided in NRS 118A.460 and recover possession ofthe premises as provided by NRS 118A.480.In the absence of notice of the fact of abandonment, it is presumed that thetenant has abandoned a dwelling unit if he is absent from the premises for aperiod of time equal to one-half the time for periodic rental payments, unlessthe rent is current or the tenant has in writing notified the landlord of anintended absence.

(Added to NRS by 1977, 1341)

NRS 118A.460 Procedurefor disposal of personal property abandoned or left on premises.

1. The landlord may dispose of personal propertyabandoned on the premises by a former tenant or left on the premises aftereviction of the tenant without incurring civil or criminal liability in thefollowing manner:

(a) The landlord shall reasonably provide for the safestorage of the property for 30 days after the abandonment or eviction or theend of the rental period and may charge and collect the reasonable and actualcosts of inventory, moving and storage before releasing the property to thetenant or his authorized representative rightfully claiming the property withinthat period. The landlord is liable to the tenant only for his negligent orwrongful acts in storing the property.

(b) After the expiration of the 30-day period, thelandlord may dispose of the property and recover his reasonable costs out ofthe property or the value thereof if he has made reasonable efforts to locatethe tenant, has notified the tenant in writing of his intention to dispose ofthe property and 14 days have elapsed since the notice was given to the tenant.The notice must be mailed to the tenant at the tenants present address, and ifthat address is unknown, then at the tenants last known address.

2. Any dispute relating to the amount of the costsclaimed by the landlord pursuant to paragraph (a) of subsection 1 may beresolved using the procedure provided in subsection 7 of NRS 40.253.

(Added to NRS by 1977, 1341; A 1987, 1240; 1995,1855)

NRS 118A.470 Holdingover by tenant. If a tenant remains inpossession without the landlords consent after expiration of the term of therental agreement or its termination, the landlord may bring an action forpossession and for rent and the landlord may also recover his actual damages.If the landlord consents to the tenants continued occupancy, the tenancy isfrom week to week in the case of a tenant who pays weekly rent, and in allother cases the tenancy is from month to month. Such occupancy is otherwise onthe same terms and conditions as were contained in the rental agreement unlessspecifically agreed otherwise.

(Added to NRS by 1977, 1342)

NRS 118A.480 Landlordsrecovery of possession of dwelling unit. Thelandlord shall not recover or take possession of the dwelling unit by action orotherwise, including willful diminution or interruption or causing orpermitting the diminution or interruption of any essential service required bythe rental agreement or this chapter, except:

1. By an action for possession or other civil actionor summary proceeding in which the issue of right of possession is determined;

2. When the tenant has surrendered possession of thedwelling unit to the landlord; or

3. When the tenant has abandoned the dwelling unit asprovided in NRS 118A.450.

(Added to NRS by 1977, 1342)

NRS 118A.490 Actionsbased upon nonpayment of rent: Counterclaim by tenant; deposit of rent withcourt; judgment for eviction.

1. In an action for possession based upon nonpaymentof rent or in an action for rent where the tenant is in possession, the tenantmay defend and counterclaim for any amount which he may recover under therental agreement, this chapter, or other applicable law. If it appears thatthere is money which may be due to the landlord by the tenant after the day ofthe hearing or if a judgment is delayed for any reason, the court shall requirea tenant who remains in possession of the premises to deposit with the court ajust and reasonable amount to satisfy the obligation, but not more than 1 daysrent for each day until the new hearing date. The court shall order the tenantto pay the landlord any rent which is not in dispute and shall determine theamount due to each party. Upon the application of either party, the court,after notice and opportunity for a hearing, may for good cause release toeither party all or any portion of the rent paid into court by the tenant. Thecourt shall award the prevailing party the amount owed and shall give judgmentfor any other amount which is due.

2. In any action for rent where the tenant is not inpossession, the tenant may counterclaim as provided in subsection 1 but is notrequired to pay any rent into court.

3. When the court renders a decision on the landlordsclaim for possession, it shall distribute any rent paid into court undersubsection 1 upon a determination of the amount due to each party.

4. If a tenant fails to deposit with the court within24 hours after the original hearing the entire amount required pursuant tosubsection 1, the tenant relinquishes his right to a hearing and the courtshall at that time grant a judgment for eviction without further hearing.

(Added to NRS by 1977, 1342; A 1985, 1419)

NRS 118A.500 Tenantsrefusal to allow lawful access to dwelling unit; landlords abuse of access.

1. If the tenant refuses to allow lawful access asrequired by the rental agreement or this chapter, the landlord may obtaininjunctive relief to compel access or terminate the rental agreement. In eithercase the landlord may recover actual damages.

2. If the landlord makes an unlawful entry or a lawfulentry in an unreasonable manner or makes repeated demands for entry otherwiselawful but which have the effect of unreasonably harassing the tenant, thetenant may obtain injunctive relief to prevent the recurrence of the conduct orterminate the rental agreement. In either case the tenant may recover actualdamages.

(Added to NRS by 1977, 1343)

NRS 118A.510 Retaliatoryconduct by landlord against tenant prohibited; remedies; exceptions.

1. Except as otherwise provided in subsection 3, thelandlord may not, in retaliation, terminate a tenancy, refuse to renew atenancy, increase rent or decrease essential services required by the rentalagreement or this chapter, or bring or threaten to bring an action forpossession if:

(a) The tenant has complained in good faith of aviolation of a building, housing or health code applicable to the premises andaffecting health or safety to a governmental agency charged with theresponsibility for the enforcement of that code;

(b) The tenant has complained in good faith to thelandlord or a law enforcement agency of a violation of this chapter or of aspecific statute that imposes a criminal penalty;

(d) A citation has been issued resulting from acomplaint described in paragraph (a);

(e) The tenant has instituted or defended against a judicialor administrative proceeding or arbitration in which he raised an issue ofcompliance with the requirements of this chapter respecting the habitability ofdwelling units;

(f) The tenant has failed or refused to give writtenconsent to a regulation adopted by the landlord, after the tenant enters intothe rental agreement, which requires the landlord to wait until the appropriatetime has elapsed before it is enforceable against the tenant; or

(g) The tenant has complained in good faith to thelandlord, a government agency, an attorney, a fair housing agency or any otherappropriate body of a violation of NRS118.010 to 118.120, inclusive, orthe Fair Housing Act of 1968, 42 U.S.C. 3601 et seq., or has otherwiseexercised rights which are guaranteed or protected under those laws.

2. If the landlord violates any provision ofsubsection 1, the tenant is entitled to the remedies provided in NRS 118A.390 and has a defense in anyretaliatory action by the landlord for possession.

3. A landlord who acts under the circumstancesdescribed in subsection 1 does not violate that subsection if:

(a) The violation of the applicable building, housingor health code of which the tenant complained was caused primarily by the lackof reasonable care by the tenant, a member of his household or other person onthe premises with his consent;

(b) The tenancy is terminated with cause;

(c) A citation has been issued and compliance with theapplicable building, housing or health code requires alteration, remodeling ordemolition and cannot be accomplished unless the tenants dwelling unit isvacant; or

(d) The increase in rent applies in a uniform manner toall tenants.

Themaintenance of an action under this subsection does not prevent the tenant fromseeking damages or injunctive relief for the landlords failure to comply withthe rental agreement or maintain the dwelling unit in a habitable condition asrequired by this chapter.

(Added to NRS by 1977, 1343; A 1985, 1417; 1999, 1230)

NRS 118A.520 Whenlien or security interest in tenants household goods may be enforced;distraint for rent abolished; damages.

1. Any lien or security interest in the tenantshousehold goods created in favor of the landlord to ensure the payment of rentis unenforceable unless created by attachment or garnishment.

2. Distraint for rent is abolished.

3. A landlord who retains the household goods or otherpersonal property of a tenant in violation of this section is liable to thetenant for damages as provided in NRS118A.390.

(Added to NRS by 1977, 1344; A 1985, 1418)

SAVING PROVISION

NRS 118A.530 Effectof chapter upon rental agreements entered into before July 1, 1977. Rental agreements entered into before July 1, 1977, andnot extended or renewed after that date, and the rights, duties and interestsflowing from them remain valid and may be terminated or enforced as required orpermitted by any statute or other law amended or repealed in conjunction withthe enactment of this chapter as though the repeal or amendment had notoccurred. For purposes of this section, tenancies from month to month shall beconsidered to be renewed each month.

(Added to NRS by 1977, 1344)

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