AB 223 — Revises provisions relating to the habitability of rental property. (BDR 10-684)

(NRS 118A.355) Section 11 instead provides that a tenant does not have applicable loss of value, into such ana escrowdefense account;unless:

(1) he or (2)she has deposited the courtwithheld determines,rent atminus any the time of the hearing, that the tenant has otherwise retained or is capable ofofes, at paying the withheld rent minus any applicable loss of value.

(NRS 118A.355) Section 11 prohibits such a tenant from taking such remedial actions, including filing a verified complaint for expedited relief pursuant to section 4, if the condition was proven, by clear and convincing evidence, to have been caused by the tenant’s own deliberate orearor and negligent act or omission or that of a member of his or her household or other person on the premises with his or her consent who is not another tenant, or guest thereof, on the premises pursuant to a separate rental agreement.

Section 12 similarly prohibits a tenant whose landlord has willfully or negligently failed to -supply *AB223_R1*essential –items 4or –services from taking certain remedial actions under such circumstances.

(NRS 118A.380)vices118A.380) from taking certain remedial actions under such Existing law authorizes a tenant to take certain remedial actions if his or her landlord willfully or negligently fails to supply essential items or services and by doing so, caused the premises to become unfit for habitation.

Existing law furtherfurtherby provides a nonexhaustive list of certain items and services which constitute essential items or services, including, heat, air-conditioning, running water, hot water, electricity, gas and a functioning door lock.

Existing law authorizes a tenant to take certain actions and recover actual damages or an amount not greater than $2,500 which is fixed by a court, or both, if a landlord:

or (3) recovers possession of the - 83rd Session (2025) – 4 – dwelling unit under certain other circumstances which are prohibited by existing law.a tenant is authorized to recover by instead providing that the tenant is authorized to recover an amount which is three times the periodic rent or the tenant’s actual damages, whichever is greater;

(NRSand 118A.390)(2) Sectionadditionally 13authorizes such remedial measures in circumstances where a landlord negligently interrupts or causes or permits the interruption of thisany bill:essential item or service required by the rental agreement or by law.

(1) revises the monetary amount that a tenant is authorized to recover by instead providing that the tenant is authorized to recover an amount which is three times the periodic rent or the tenant’s actual measures in circumstances where a landlord negligently interrupts or causes or permits the interruption of any essential item or service required by the rental agreement or by law.

(NRS 118A.520) Section 16 of this bill makes a conforming change to require certain notices provided to a tenant to include notice of the ability of the tenant to seek relief if a landlord negligently interrupts or causes or permits the interruptionlaw. of any essential item or service required by the rental agreement or by lawSection 13:

(NRS 40.253)ny essential item or service required by the rental agreement or by Section 13:

(NRS 118A.260, 118A.270, 118A.410) Section 14 of this bill instead provides that a tenant is authorized to recover actual damages or an amount equal to 5percent pSection 5 of this bill makes a conforming change to indicate the placementperiodic ofrent, sectionwhichever 3is ingreater, theunder Nevadasuch Revisedcircumstances. Statutes.

-Section *AB223_R1*5 –of 5this –bill THEmakes PEOPLEa OFconforming THEchange STATEto OFindicate NEVADA,the REPRESENTEDplacement INof SENATEsection AND3 ASSEMBLY,in DOthe ENACTNevada ASRevised FOLLOWS:Statutes.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(a)- Reflects83rd theSession amount(2025) of– rent5 to– be deducted from the periodic rent of the dwelling unit;

andande deducted from the (b) Is based on the extent to which a condition of the premises which violates the provisions of this chapter or a rental agreement impairs the use and enjoyment of the dwelling unit by the tenant.

(a) The manner in which the tenant provided notice of each fai(b) The date on which the tenant provided notice of each failure to the landlord;

(b) The date on which the tenant provided notice of each failure to the landlord;

(d) A description of each failure which is the subject of the not(e)notice; Whether the tenant is withholding rent.

and (e) Whether the tenant is withholding rent.

The court shall conduct a hearing on a verified complaint filed pursuant to subsection 1 not later than 7 calendar days after the filing of the verified complaint unless the court determines that goodhearing, causethe existstenant must provide to extendthe suchcourt time.proof that theduled landlord has been properly served with a copy of the verified complaint.

Before or at the scheduled hearing, the tenant must provide to the court proof that the landlord has been properly served with a copy of the verified - *AB223_R1* – 6 – complaint.

and - 83rd Session (2025) – 6 – (c) Enjoin the landlord from unlawfully removing the tenant from the dwelling unit or excluding the tenant by blocking or attempting to block the tenant’s entry upon the dwelling unit and, if the circumstances so warrant:

(1)(2) HoldAbate the landlordrent owed by the tenant in contempttotal or in part, in addition to any amount of court;rent owed which is reduced pursuant to subsection 5.

or (2) Abate the rent owed by the tenant in total or in part, in addition to any amount of rent owed which is reduced pursuant to subsection 5.

118A.020 NRSAs used in this chapter, unless the context otherwise requires, the terms defined in NRS 118A.030 to 118A.175, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.

5.

NRS 118A.020 is hereby amended to read as follows:

118A.020 As used in this chapter, unless the context otherwise requires, the terms defined in NRS 118A.030 to 118A.175, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.

Sec.

The landlord shall provide one copy of any written agreement described in subsection 1 to the tenant free of cost at the time the agreement is executed and, upon request of the tenant, - *AB223_R1* – 7 – provide additional copies of any such agreement to the tenant within a reasonable time.

3.- 83rd Session (2025) – 7 – to, provisions relating to the following subjects:

Any written rental agreement must contain, but is not limited to,(a) provisionsDuration relatingof to the followingagreement. subjects:

(a) Duration of the agreement.

(k) A signed record of the inventory and condition of the premises under the exclusive custody and control of the tenant.

In addition to the provisions required by subsection 3, any written rental agreement for a single-family residence which is not signed by an authorized agent of the landlord who at the time of signing holds a permit to engage in property management pursuant to chapter 645 of NRS must contain a disclosure at the top of the firstthan pageany ofother font size in the agreement, inwhich astates fontthat:s sizelarger at(a) leastThere twoare timesrebuttable largerpresumptions thanin anyNRS other205.0813 fontand size205.0817 inthat the agreement,tenant whichdoes statesnot that:have lawful occupancy of the dwelling unless the agreement:

(a) There are rebuttable presumptions in NRS 205.0813 and 205.0817 that the tenant does not have lawful occupancy of the dwelling unless the agreement:

and - *AB223_R1*83rd Session (2025) – 8 – (2) Includes the current address , electronic mail address and telephone number of the landlord or his or her authorized representative;

and (b) The agreement is valid and enforceable against the landlord and thethe(1) tenantIs regardlessnotarized or is signed by an authorized agent of whetherthe landlord who at the agreement:time of signing holds a permit to engage in property management pursuant to chapter 645 of NRS;

(1) Is notarized or is signed by an authorized agent of the landlord who at the time of signing holds a permit to engage in property management pursuant to chapter 645 of NRS;

The term doesNRS not118B.015.include include a manufactured home as defined in NRSSec. 118B.015.

Sec.

Sec.- 83rd Session (2025) – 9 – 118A.290 NRS1.

9.The landlord shall at all times during thes:

NRStenancy 118A.290maintain isthe herebydwelling amendedunit toin reada ashabitable follows:condition.

118A.290A 1.dwelling unit is not habitable if it violates provisions of housing or health codes concerning the health, safety, sanitation or fitness for habitation of the dwelling unit or if it substantially lacks:

The landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition.

A dwelling unit is not habitable if it violates provisions of housing or - *AB223_R1* – 9 – health codes concerning the health, safety, sanitation or fitness for habitation of the dwelling unit or if it substantially lacks:

(d)law Adequatewhen heatinginstalled facilitiesand are maintained in good working order.able (e) Electrical lighting, outlets, wiring and electrical equipment which conformed to applicable law when installed and are maintained in good working order.

(e) Electrical lighting, outlets, wiring and electrical equipment which conformed to applicable law when installed and are maintained in good working order.

and (1) Control the presence of rodents, insects and vermin;

and (2) Prevent exposure to unsafe levels of radon, lead paint, asbestos, toxic mold and other hazardous substances.

- 83rd Session (2025) – 10 – (k) In the dwelling unit and all other areas on the premises under the landlord’s control, locks or other security devices maintained in good repair and located on all exterior doors and all windows which are capable of being opened.

(l) Safety equipment maintained in good working order, which is required by law to be included in the dwelling unit.unit.r, which 2.

- *AB223_R1* – 10 – 2.

The landlord may require a tenant to pay any fee or other charge for the performance of any repairs, maintenance tasks or other work necessary for a condition caused by the tenant’s own deliberate or negligent act or omission or that of a member of his or her household or other person on the premises with his or her consent.

If the breach is remediable- and83rd theSession landlord(2025) [adequately]– remedies11 the– breach [or uses his or her best efforts to remedy the breach] within 14 days after receipt of the notice, the rental agreement does not terminate by reason of the breach.

(a) [Terminate] Without incurring any fee which is assessed by the landlord for the early termination of a rental agreement, - *AB223_R1* – 11 – terminate the rental agreement by providing the landlord with written notice of the intent of the tenant to terminate the rental agreement immediately [.] or on a date which is not later than 60 days after the date the notice is provided to the landlord.

The tenant may not terminate the rental agreement for a condition which is proven by clear and convincing evidence to be caused by the tenant’s own deliberate or negligent act or omission or that of a member of his or her household or other person on thetheion or premises with his or her consent [.] who is not another tenant, or guest thereof, on the premises pursuant to a separate rental agreement.

or (b) Has received written notice of that condition from a governmental agency authorized to inspect for violations of building,buiSec. housing or health codes.

Sec.

If [a failure is remediable and] the landlord [adequately] remedies the failure [or uses his or her best efforts to remedy the failure] within 14 days after receipt of the notice,- 83rd Session (2025) – 12 – fails to remedy a [material] failure to maintain the dwelling unit in a habitable condition [or to make a reasonable effort to do so] within the prescribed time, the tenant may not[:] proceedfile undera verified complaint pursuant to section 4 of this section.act or:

If(a) the[Terminate] landlordWithout failsincurring toany remedyfee awhich [material]is failureassessed tofor maintain the dwellingearly unittermination inof a habitablerental conditionagreement, [orterminate tothe makerental aagreement reasonableby effortproviding tothe dolandlord so]with withinwritten notice of the prescribedintent time,of the tenant mayto [:]terminate filethe rental agreement immediately [.] or on a verifieddate complaintwhich pursuantis tonot sectionlater 4than of60 thisdays actafter or:the notice is provided to the landlord.

(a) [Terminate] Without incurring any fee which is assessed for the early termination of a rental agreement, terminate the rental agreement by providing the landlord with written notice of the intent of the tenant to terminate the rental agreement - *AB223_R1* – 12 – immediately [.] or on a date which is not later than 60 days after the notice is provided to the landlord.

(d)] Withhold any rent that becomes due without incurring late fees, charges for notice or any other charge or fee authorized by this chapter or the rental agreement until the landlord has remedied [, or hashas2. attempted in good faith to remedy,] the failure.

2.The tenant may not proceed under this section [:] or section of this act:

The tenant may not proceed under this section [:] or section 4 of this act:

4.this act unless the tenant has given notice as required by subsection 1, except that the tenant may, without giving that notice:

A tenant may not proceed under this section or section 4 of this act unless the tenant has given notice as required by subsection 1, except that the tenant may, without giving that notice:

or (2)- Has83rd receivedSession written(2025) notice– of13 that– condition from a governmental agency authorized to inspect for violations ofofom a building, housing or health codes.

- *AB223_R1* – 13 – 5.

A court shall not release any money deposited into an escrow account pursuant to this section or section 4 of this act until the time period to file an appeal has run.

section 4 of this act until the time period to file an 6.

If the landlord is required by the rental agreement or this chapter to supply heat, air-conditioning, running water, hot water, electricity, gas, a functioning door lock , a functioning window lock, functional safety equipment or another essential item or service and the landlord willfully or negligently fails to do so, causing the premises to become unfit for habitation, the tenant shall give written notice to the landlord specifying thethe, breach.

(b)- Recover83rd actualSession damages,(2025) including– damages14 based– upon the lack of use of the premises or the diminution of the fair rental value of the dwelling unit;

or - *AB223_R1* – 14 – (f) Procure other housing which is comparable during the landlord’s noncompliance, and the rent for the original premises fullyand abatesreasonable duringcost thisof period.that other housing which is in excess of the amount of rent which is abated.

The tenant may recover the actual and reasonable cost of that other housing which is in excess of the amount of rent which is abated.

(b)landlord:thhold Withhold rent under paragraph [(c)] (d) of subsection 1 if the landlord:(1) Has received written notice of the condition constituting the breach from a governmental agency authorized to inspect for violations of building, housing or health codes;

(1) Has received written notice of the condition constituting the breach from a governmental agency authorized to inspect for violations of building, housing or health codes;

- 83rd Session (2025) – 15 – 4.

If such a condition was proven by clear and convincing evidence to be caused by the deliberate or negligent act or omission of the tenant, a member of his or her household or other person ononon the premises with his or her consent [,] who is not another tenant, or guest thereof, on the premises pursuant to a separate rental agreement, the tenant has no rights under this section.

If the landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenant’s entry upon the premises, willfully or negligently interrupts or causes or permits the interruption of any essential item or service required by the rental agreement or this chapter or otherwise recovers possession of the dwelling unit in violation of NRS 118A.480, the tenant may recover immediate possession pursuant to subsection 4, proceed under NRS 118A.380 or terminate the rental agreement and, in addition to any other - *AB223_R1* – 15 – remedy, recover an amount which is three times the periodic rent or the tenant’s actual damages, [receive an amount not] whichever is greater .

and (c) The degree of harm to the tenant caused by the landlord’s conduct.] was provided notice pursuant to subsection 1 of NRSNRSd’s 118A.380 and failed to remedy the breach, the landlord is presumed to have negligently caused the interruption of the essential items or services and may overcome this presumption only if the landlord shows by clear and convincing evidence that the restoration could not be accomplished within the notice period.

Except as otherwise provided in subsection 5, the tenant may recover immediate possession of the premises from the landlord by filing a verified complaint for expedited relief for the unlawful removal- or83rd exclusionSession of(2025) the– tenant16 from– the premises, the willful or negligent interruption of any essential item or service or thetheful or recovery of possession of the dwelling unit in violation of NRS 118A.480.

Before or at the scheduled hearing, the tenant must provide proof that the landlord has been properly served with a copy of the verified complaint for expedited relief.

Upon the hearing, if it is determined that the - *AB223_R1* – 16 – landlord has violated any of the provisions of subsection 1, the court may:

After any hearing and not later than final disposition of the filing or order, the court shall assess the costs and fees against the party that does not prevail, except that the court may reduce them or waive them,theSec. as justice may require.

Sec.

Any lien or security interest in the tenant’s household goods created in favor of the landlord to ensure the - 83rd Session (2025) – 17 – payment of rent is unenforceable unless created by attachment or garnishment.

A landlord who retains the household goods or other personal property of a tenant in violation of this section is liable to the tenant for actual damages [as provided in NRS 118A.390.] ororiable to statutory damages in an amount not greater than $2,500, to be fixed by the court, or both.

- *AB223_R1* – 17 – (a) Before the close of business on the seventh judicial day following the day of service;

or (b) If the landlord chooses not to proceed in the manner set forth in paragraph (a) and the rent is reserved by a period of 1 week or less and the tenancy has not continued for more than 45 days, at or before noon of the fourth full day following the day of service.

or  As used in this subsection, “day of service” means the day the landlord or the landlord’s agent personally delivers the notice to the tenant.

(a)- Shall83rd postSession a(2025) copy– of18 the– notice in a conspicuous place on the premises and mail the notice by overnight mail;

andanduous place on the (b) After the notice has been posted and mailed, may deliver the notice to the sheriff or constable for service in the manner set forth in subsection 1 of NRS 40.280.

(1) Of the tenant’s right to contest the matter by filing, within the time specified in subsection 1 for the payment of the rent or surrender of the premises, an affidavit with the court that hashasor jurisdiction over the matter stating that the tenant has tendered payment or is not in default in the payment of the rent;

(2) That if the court determines that the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant, directing the sheriff or constable of the county to post the - *AB223_R1* – 18 – order in a conspicuous place on the premises not later than 24 hours after the order is received by the sheriff or constable.

and (3) That, pursuant to NRS 118A.390, a tenant may seek relief if a landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenant’s entry upon the premises or willfully or negligently interrupts or causes or permits the interruption of an essential service required by the rental agreement or chapter 118A of NRS.NRS.ential service required by 4.

4.

(a) The landlord or the landlord’s agent may apply by affidavit of complaint for eviction to the justice court of the township in which- the83rd dwelling,Session apartment,(2025) mobile– home19 or– recreational vehicle are located or to the district court of the county in which thethecle dwelling, apartment, mobile home or recreational vehicle are located, whichever has jurisdiction over the matter.

(6) The amount of rent claimed due and delinquent.

(b) Except when the tenant has timely filed the affidavit described in subsection 3 and a file-stamped copy of it has been received by the landlord or the landlord’s agent, and except when the landlord is prohibited pursuant to NRS 118A.480, the landlord - *AB223_R1* – 19 – or the landlord’s agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.

Upon the filing by the tenant of the affidavit permitted in subsection 3, regardless of the information contained in the affidavit, and the filing by the landlord of the affidavit permitted by subsection 5, the justice court or the district court shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section.

If the court determines that there is a legal defense as to the alleged unlawful detainer, the court shall refuse to grant either party any relief, and, except as otherwise provided in this subsection, shall require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive.- 83rd Session (2025) – 20 – tenant does not preclude an action by the tenant for any damages or other relief to which the tenant may be entitled.

The issuance of a summary order for removal of the tenant does not preclude an action by the tenant for any damages or other relief to which the tenant may be entitled.

and (b)to Athe copytenant,of of those charges has been requested by or provided to the tenant,  whichever is later.

and - *AB223_R1* – 20 – (b) Order the release of the tenant’s property upon the payment of the charges determined to be due or if no charges are determined to be due.

The tenant may, upon payment of the appropriate fees relating to the filing and service of a motion, file a motion with the court on a form provided by the clerk of court to dispute the reasonableness of the actions of a landlord pursuant to subsection 3 of NRS 118A.460.

(a)- Order83rd theSession landlord(2025) to– allow21 the– retrieval of the tenant’s essential personal effects at the date and time and for a period necessary for the retrieval, as determined by the court;

A landlord shall not refuse to accept rent from a tenant that is submitted after the landlord or the landlord’s agent has served or had served a notice pursuant to subsection 1 if the refusal is based on the fact that the tenant has not paid collection fees, attorney’s fees or other costs other than rent, a reasonable charge for late paymentsused ofin rentthis orsubsection, dishonored“security checks,deposit” orhas athe securitymeaning deposit.ascribed to it in NRS 118A.240.

As used in this subsection, “security deposit” has the meaning ascribed to it in NRS 118A.240.

- *AB223_R1* – 21 – 13.

439.479authority 1.conferred on a district board of health, the district board of health may by affirmative vote of a majority of all the members of the board adopt regulations consistent with law, which must take effect immediately on their approval by the State Board of Health, to:

In addition to any other powers, duties and authority conferred on a district board of health, the district board of health may by affirmative vote of a majority of all the members of the board adopt regulations consistent with law, which must take effect immediately on their approval by the State Board of Health, to:

2.- 83rd Session (2025) – 22 – the enforcement of laws that protect the public health and safetye associated with the condition of rental dwelling units and to recover all costs incurred by the district board of health relating thereto.

The district board of health may adopt regulations to ensure the enforcement of laws that protect the public health and safety associated with the condition of rental dwelling units and to recover all costs incurred by the district board of health relating thereto.

If a tenant of a rental dwelling unit provides written notice to the landlord pursuant to NRS 118A.355 specifying a failure by the landlord to maintain the dwelling unit in a habitable condition and requesting that the landlord remedy the failure and the landlord fails to remedy the failure [or to make a reasonable effort to do so] within the time prescribed in NRS 118A.355, the tenant may, in addition to any remedy provided in NRS 118A.355 [,] or section 4 of this act, provide to the district board of health a copy of the written notice that the tenant provided to the landlord.

- *AB223_R1* – 22 – (a) Include a statement of either the terms or substance of the proposal or a description of the subjects and issues involved and of the time when, the place where and the manner in which interested persons may present their views thereon;

- 83rd Session (2025) – 23 – 6.

With respect to substantive regulations, the district board of health shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposal and requestsrequestsne an oral hearing, the district board of health may proceed immediately to act upon any written submissions.

(Deleted by amendment.) H~~~~~ 25 - *AB223_R1*83rd Session (2025)