NRS 118A.370 Failure of landlord to deliver possession of dwelling unit. If the landlord fails to deliver possession of
the dwelling unit to the tenant as provided in this chapter, rent abates until
possession is delivered as required, and the tenant may:
1. Terminate the rental agreement upon at
least 5 days’ written notice to the landlord and upon termination the landlord
shall return all prepaid rent, any security deposit recoverable under this
chapter, and any payment, deposit, fee or charge to secure the execution of the
rental agreement; or
2. Demand performance of the rental
agreement by the landlord and, if the tenant elects, maintain an action for
possession of the dwelling unit against the landlord or any person wrongfully
in possession and recover the actual damages sustained. If the landlord has
exercised due diligence to evict the holdover tenant or remedy the condition
keeping the new tenant from taking possession, the landlord is not liable for
damages; or
3. Pursue any other remedies to which the
tenant is entitled, including the right to recover any actual damages suffered.
(Added to NRS by 1977,
1339; A 2021,
403)