NRS 118A.380 Failure of landlord to supply essential items or services.
1. If the landlord is required by the
rental agreement or this chapter to supply heat, air-conditioning, running
water, hot water, electricity, gas, a functioning door lock or another
essential item or service and the landlord willfully or negligently fails to do
so, causing the premises to become unfit for habitation, the tenant shall give
written notice to the landlord specifying the breach. If the landlord does not
adequately remedy the breach, or use his or her best efforts to remedy the
breach within 48 hours, except a Saturday, Sunday or legal holiday, after it is
received by the landlord, the tenant may, in addition to any other remedy:
(a) Procure reasonable amounts of such essential
items or services during the landlord’s noncompliance and deduct their actual
and reasonable cost from the rent;
(b) Recover actual damages, including damages
based upon the lack of use of the premises or the diminution of the fair rental
value of the dwelling unit;
(c) Withhold any rent that becomes due during the
landlord’s noncompliance without incurring late fees, charges for notice or any
other charge or fee authorized by this chapter or the rental agreement, until
the landlord has attempted in good faith to restore the essential items or
services; or
(d) Procure other housing which is comparable
during the landlord’s noncompliance, and the rent for the original premises
fully abates during this period. The tenant may recover the actual and
reasonable cost of that other housing which is in excess of the amount of rent
which is abated.
2. If the tenant proceeds under this
section, the tenant may not proceed under NRS
118A.350 and 118A.360 as to that
breach.