3. The rights of the tenant under this
section do not arise until the tenant has given written notice as required by
subsection 1, except that the tenant may, without having given that notice:
(a) Recover damages as authorized under paragraph
(b) of subsection 1 if the landlord:
(1) Admits to the court that the landlord
had knowledge of the lack of such essential items or services; or
(2) Has received written notice of the
uninhabitable condition caused by such a lack from a governmental agency
authorized to inspect for violations of building, housing or health codes.
(b) Withhold rent under paragraph (c) of
subsection 1 if the landlord:
(1) Has received written notice of the
condition constituting the breach from a governmental agency authorized to
inspect for violations of building, housing or health codes; and
(2) Fails to remedy or attempt in good
faith to remedy the breach within the time prescribed in the written notice of
that condition from the governmental agency.
4. The rights of the tenant under
paragraph (c) of subsection 1 do not arise unless the tenant is current in the
payment of rent at the time of giving written notice pursuant to subsection 1.
5. If such a condition was caused by the
deliberate or negligent act or omission of the tenant, a member of his or her
household or other person on the premises with his or her consent, the tenant
has no rights under this section.
(Added to NRS by 1977,
1339; A 1985,
1416; 1987,
314; 1999,
1230; 2007,
1286; 2011,
237)