Nevada rent withholding: 14 days to cure, and the tenant must deposit withheld rent with the court
A Nevada tenant can withhold rent without late fees if you fail to cure a material habitability problem within 14 days of written notice, or fail to restore an essential service within 48 hours, but the tenant has no eviction defense unless the withheld rent was deposited into a court-approved escrow account. The right is lost if the tenant causes the problem or blocks access.
What does NRS 118A.355 allow?
The tenant delivers written notice listing each habitability failure and asking you to fix it. If a failure can be remedied and you fix it, or use best efforts to fix it, within 14 days of receipt, the tenant cannot proceed. If you do not remedy a material failure or make a reasonable effort, the tenant may end the lease immediately, recover actual damages, ask the court for relief, or withhold any rent that comes due without late fees, notice charges or other fees until you have remedied the failure or tried in good faith to.
The tenant cannot use the section for a condition the tenant or a household member or guest caused, or if you could not cure within 14 days because the tenant refused lawful access.
Can a tenant withhold without giving notice?
Only in a narrow case. The tenant may withhold without sending a notice if a government agency authorized to inspect for building, housing or health code violations has given you written notice of the condition and you fail to remedy it, or attempt in good faith to, within the time that agency's notice set. A tenant who relies on an agency notice should have a copy.
What is the court escrow requirement?
NRS 118A.355(5) directs justice courts to adopt a local rule for depositing withheld rent into an escrow account maintained or approved by the court. The same subsection says the tenant has no defense to an eviction based on withholding unless the withheld rent has been deposited that way. Ask your justice court clerk how its escrow mechanism works before you answer a withholding defense.
Example a made-up Las Vegas landlord serves a nonpayment notice for $1,100. The tenant says rent was withheld for a failed water heater but cannot show a deposit into the justice court escrow account. The statute says no defense exists under paragraph (d) without that deposit.
How is withholding for essential services different?
NRS 118A.380 covers heat, air-conditioning, running or hot water, electricity, gas, a functioning door lock or another essential item when you willfully or negligently fail to supply it and the unit becomes unfit. After written notice, if you do not fix it or use best efforts within 48 hours (excluding Saturday, Sunday or a legal holiday), the tenant may buy the service and deduct the actual and reasonable cost, recover damages, withhold rent without late fees until you attempt in good faith to restore it, or move to comparable housing with the original rent fully abating.
- The withholding choice requires the tenant to be current on rent when the notice was given.
- A tenant who proceeds under this section cannot also proceed under 118A.350 and 118A.360 for the same breach.
- No rights arise if the tenant caused the condition.
What about small repairs?
Under NRS 118A.360, when the cost to fix a breach is under $100 or one month's rent, whichever is greater, the tenant may deliver written notice and, if you do not use best efforts within 14 days, have the work done in a workmanlike way and deduct the reasonable cost after sending an itemized statement. Your liability under that section is capped at that same amount in a 12-month period. You may name qualified persons for the work in the lease.
How DoorKeeping fits in Nevada
With a 14-day and a 48-hour clock, dates decide the case. DoorKeeping keeps the tenant's notice in the unit thread with the day it arrived, and a work order sent to a vendor by link shows when the job was assigned and done. Rent and payments stay in your own bank accounts. This is general information, not legal advice; confirm the current statute and your justice court's escrow rule.
Sources
Questions
- How long does a Nevada landlord have to fix a habitability problem?
- Fourteen days after receiving the tenant's written notice, or 48 hours (excluding weekends and holidays) for essential services under NRS 118A.380.
- Does a Nevada tenant have to deposit withheld rent?
- Yes. Without a deposit into the court-approved escrow account, the tenant has no eviction defense under NRS 118A.355(1)(d).
- Can a Nevada tenant be charged late fees while withholding?
- Not when withholding properly under 118A.355 or 118A.380. The statute says withholding is without late fees, notice charges or other fees.