3. If the rental agreement is terminated,
the landlord shall return all prepaid rent and any security deposit recoverable
by the tenant under this chapter.
4. A tenant may not proceed under this
section unless the tenant has given notice as required by subsection 1, except
that the tenant may, without giving that notice:
(a) Recover damages under paragraph (b) of
subsection 1 if the landlord:
(1) Admits to the court that the landlord
had knowledge of the condition constituting the failure to maintain the
dwelling in a habitable condition; or
(2) Has received written notice of that
condition from a governmental agency authorized to inspect for violations of
building, housing or health codes.
(b) Withhold rent under paragraph (d) of
subsection 1 if the landlord:
(1) Has received written notice of the
condition constituting the failure to maintain the dwelling in a habitable
condition 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 failure within the time prescribed in the written notice of
that condition from the governmental agency.
5. Justice courts shall establish by local
rule a mechanism by which tenants may deposit rent withheld under paragraph (d)
of subsection 1 into an escrow account maintained or approved by the court. A
tenant does not have a defense to an eviction under paragraph (d) of subsection
1 unless the tenant has deposited the withheld rent into an escrow account
pursuant to this subsection.
(Added to NRS by 2007,
1281; A 2021,
402)