NRS 118A.490 Actions based upon nonpayment of rent: Counterclaim by tenant;
deposit of rent with court; judgment for eviction.
1. In an action for possession based upon
nonpayment of rent or in an action for rent where the tenant is in possession,
the tenant may defend and counterclaim for any amount which the tenant may
recover under the rental agreement, this chapter, or other applicable law. If
it appears that there is money which may be due to the landlord by the tenant
after the day of the hearing or if a judgment is delayed for any reason, the
court shall require a tenant who remains in possession of the premises to
deposit with the court a just and reasonable amount to satisfy the obligation,
but not more than 1 day’s rent for each day until the new hearing date. The
court shall order the tenant to pay the landlord any rent which is not in
dispute and shall determine the amount due to each party. Upon the application
of either party, the court, after notice and opportunity for a hearing, may for
good cause release to either party all or any portion of the rent paid into
court by the tenant. The court shall award the prevailing party the amount owed
and shall give judgment for any other amount which is due.
2. In any action for rent where the tenant
is not in possession, the tenant may counterclaim as provided in subsection 1
but is not required to pay any rent into court.
3. When the court renders a decision on
the landlord’s claim for possession, it shall distribute any rent paid into
court under subsection 1 upon a determination of the amount due to each party.