NRS 118A.400 Damage or destruction of dwelling unit by fire or casualty.
1. If the dwelling unit or premises are
damaged or destroyed by fire or casualty to an extent that enjoyment of the
dwelling unit is substantially impaired, the landlord may terminate the rental
agreement and the tenant may, in addition to any other remedy:
(a) Immediately vacate the premises and notify
the landlord within 7 days thereafter of the tenant’s intention to terminate
the rental agreement, in which case the rental agreement terminates as of the
date of vacating.
(b) If continued occupancy is lawful, vacate any
part of the dwelling unit rendered unusable by the fire or casualty, in which
case the tenant’s liability for rent is reduced in proportion to the diminution
in the fair rental value of the dwelling unit or lack of use of the dwelling
unit.
2. If the rental agreement is terminated,
the landlord shall return all prepaid rent and any security deposit recoverable
under this chapter. Accounting for rent in the event of termination or such
continued occupancy shall be made as of the date the premises were vacated.
3. This section does not apply if it is
determined that the fire or casualty were caused by deliberate or negligent
acts of the tenant, a member of his or her household or other person on the
premises with his or her consent.
(Added to NRS by 1977,
1340; A 2021,
404)