1. to, regulates and determines rights, obligations and remedies under a rental

1. agreement, wherever made, for a dwelling unit or premises located within

1. this state.

1. 2. This chapter does not apply to:

1. (a) A rental agreement subject to the provisions of chapter 118B of

1. NRS;

1. (b) Low-rent housing programs operated by public housing authorities

1. units, except with respect to the provisions of NRS 118A.200, 118A.300,

1. (d) Residence in an institution, public or private, incident to detention or

1. the provision of medical, geriatric, educational, counseling, religious or

1. similar service;

1. (e) Occupancy under a contract of sale of a dwelling unit or the property

1. of which it is a part, if the occupant is the purchaser or his successor in

1. exterior walls, including windows and doors.

1. (b) Plumbing facilities which conformed to applicable law when

1. installed and which are maintained in good working order.

1. (c) A water supply approved under applicable law, which is:

1. (1) Under the control of the tenant or landlord and is capable of

1. producing hot and cold running water;

1. (2) Furnished to appropriate fixtures; and

1. (3) Connected to a sewage disposal system approved under applicable

1. law and maintained in good working order to the extent that the system can

1. be controlled by the landlord.

1. (d) Adequate heating facilities which conformed to applicable law when

1. installed and are maintained in good working order.

1. (e) Electrical lighting, outlets, wiring and electrical equipment which

1. conformed to applicable law when installed and are maintained in good

1. working order.

1. (f) An adequate number of appropriate receptacles for garbage and

1. rubbish in clean condition and good repair at the commencement of the

1. tenancy. The landlord shall arrange for the removal of garbage and rubbish

1. from the premises unless the parties by written agreement provide

1. otherwise.

1. (g) Building, grounds, appurtenances and all other areas under the

1. landlord’s control at the time of the commencement of the tenancy in every

1. part clean, sanitary and reasonably free from all accumulations of debris,

1. filth, rubbish, garbage, rodents, insects and vermin.

1. (h) Floors, walls, ceilings, stairways and railings maintained in good

1. repair.

1. (i) Ventilating, air conditioning and other facilities and appliances,

1. including elevators, maintained in good repair if supplied or required to be

1. willfully or negligently fails to do so, causing the premises to become unfit

1. for habitation, the tenant shall give written notice to the landlord specifying

1. the breach. If the landlord does not adequately remedy the breach, or use

1. his best efforts to remedy the breach within 48 hours, except a Saturday,

1. Sunday or legal holiday, after it is received by the landlord, the tenant may,

1. in addition to any other remedy:

1. (a) Procure reasonable amounts of such essential services during the

1. landlord’s noncompliance and deduct their actual and reasonable cost from

1. the rent;

1. (b) Recover actual damages, including damages based upon the lack of

1. use of the premises or the diminution of the fair rental value of the dwelling

1. noncompliance, and the rent for the original premises fully abates during

1. this period. The tenant may recover the actual and reasonable cost of that

1. other housing which is in excess of the amount of rent which is abated.

1. 2. If the tenant proceeds under this section, he may not proceed under

1. NRS 118A.350 and 118A.360 as to that breach.

1. 3. The rights of the tenant under this section do not arise until he has

1. given written notice as required by subsection 1, except that the tenant may,

1. without having given that notice, recover damages as authorized under

1. paragraph (b) of subsection 1 if the landlord:

1. (a) Admits to the court that he had knowledge of the lack of such

1. essential services; or

1. (b) Has received written notice of the uninhabitable condition caused by

1. such a lack from a governmental agency authorized to inspect for violations

1. landlord may not, in retaliation, terminate a tenancy, refuse to renew a

1. tenancy, increase rent or decrease essential services required by the rental

1. agreement or this chapter, or bring or threaten to bring an action for

1. possession if:

1. (a) The tenant has complained in good faith of a violation of a building,

1. housing or health code applicable to the premises and affecting health or

1. safety to a governmental agency charged with the responsibility for the

1. enforcement of that code;

1. similar organization;

1. (d) A citation has been issued resulting from a complaint described in

1. paragraph (a);

1. (e) The tenant has instituted or defended against a judicial or

1. administrative proceeding or arbitration in which he raised an issue of

1. compliance with the requirements of this chapter respecting the habitability

(f) The tenant has failed or refused to give written consent to a

regulation adopted by the landlord, after the tenant enters into the rental

agreement, which requires the landlord to wait until the appropriate time

1. entitled to the remedies provided in NRS 118A.390 and has a defense in

1. any retaliatory action by the landlord for possession.

1. 3. A landlord who acts under the circumstances described in subsection

1. 1 does not violate that subsection if:

1. (a) The violation of the applicable building, housing or health code of

1. which the tenant complained was caused primarily by the lack of

1. reasonable care by the tenant, a member of his household or other person

1. on the premises with his consent;

1. (b) The tenancy is terminated with cause