| Tenant Protected Actions |
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| Landlord Retaliatory Actions |
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| Penalties for Retaliation |
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When Is It Illegal for Landlords to Retaliate in Nevada?
It’s illegal for Nevada landlords to retaliate with tenancy termination, raised rent, reduced services, or threatened eviction against tenants in one of the following protected situations:
- Complaining to the landlord or government about various legal issues with the property.
- Participating in a tenant organization.
- Starting, or winning, a proceeding or arbitration where habitability is raised as a claim.
- Refusing to consent to a landlord regulation that hasn’t yet become enforceable.
- Becoming a victim of domestic violence, harassment, sexual assault or stalking.
- Being a worker in a protected class during a general shutdown.
The law allows an exception when the landlord can prove good cause for the alleged retaliatory action. For example, a landlord who raises rent proportionately for all tenants in response to a large increase in property tax is not retaliating, even if a tenant has recently complained about maintenance.
What Can Tenants Do in Response in Nevada?
Nevada tenants can respond to retaliation by suing for quiet enjoyment of the property to recover possession, plus actual damages (and/or up to $2500 in liquidated damages), court costs, and attorney fees. The tenant can also still sue for injunctions and other remedies outside of the retaliation statute.
Sources
- 1 Nev. Rev. Stat. § 118A.510(1)(a) - (1)(c) (2022)
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“Except as otherwise provided in subsection 3, the landlord may not, in retaliation, terminate a tenancy, refuse to renew a tenancy, increase rent or decrease essential items or services required by the rental agreement or this chapter, or bring or threaten to bring an action for possession if: (a) The tenant has complained in good faith of a violation of a building, housing or health code applicable to the premises and affecting health or safety to a governmental agency charged with the responsibility for the enforcement of that code; (b) The tenant has complained in good faith to the landlord or a law enforcement agency of a violation of this chapter or of a specific statute that imposes a criminal penalty; (c) The tenant has organized or become a member of a tenant’s union or similar organization.”
Source Link - 2 Nev. Rev. Stat. § 118A.510(1)(d) - (1)(f) (2022)
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“Except as otherwise provided in subsection 3, the landlord may not, in retaliation, terminate a tenancy, refuse to renew a tenancy, increase rent or decrease essential items or services required by the rental agreement or this chapter, or bring or threaten to bring an action for possession if: (d) A citation has been issued resulting from a complaint described in paragraph (a); (e) The tenant has instituted or defended against a judicial or administrative proceeding or arbitration in which the tenant raised an issue of compliance with the requirements of this chapter respecting the habitability of dwelling units; (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 has elapsed before it is enforceable against the tenant.”
Source Link - 3 Nev. Rev. Stat. § 118A.510(1)(g) (2022)
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“Except as otherwise provided in subsection 3, the landlord may not, in retaliation, terminate a tenancy, refuse to renew a tenancy, increase rent or decrease essential items or services required by the rental agreement or this chapter, or bring or threaten to bring an action for possession if: (g) The tenant has complained in good faith to the landlord, a government agency, an attorney, a fair housing agency or any other appropriate body of a violation of NRS 118.010 to 118.120, inclusive, or the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq., or has otherwise exercised rights which are guaranteed or protected under those laws.”
Source Link - 4 Nev. Rev. Stat. § 118A.510(1)(h) (2022)
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“Except as otherwise provided in subsection 3, the landlord may not, in retaliation, terminate a tenancy, refuse to renew a tenancy, increase rent or decrease essential items or services required by the rental agreement or this chapter, or bring or threaten to bring an action for possession if: (h) The tenant or, if applicable, a cotenant or household member, is a victim of domestic violence, harassment, sexual assault or stalking or terminates a rental agreement pursuant to NRS 118A.345; or (i) Except as otherwise provided in NRS 118A.315, the tenant is a federal worker, tribal worker, state worker or household member of such a worker and the tenant pays rent during the time specified in subsection 2 of NRS 118A.310 [during a general shutdown]. As used in this paragraph, “household member” has the meaning ascribed to it in NRS 40.0025.”
Source Link - 5 Nev. Rev. Stat. § 118A.510(3) (2022)
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“A landlord who acts under the circumstances described in subsection 1 does not violate that subsection if: (a) The violation of the applicable building, housing or health code of which the tenant complained was caused primarily by the lack of reasonable care by the tenant, a member of his or her household or other person on the premises with his or her consent; (b) The tenancy is terminated with cause; (c) A citation has been issued and compliance with the applicable building, housing or health code requires alteration, remodeling or demolition and cannot be accomplished unless the tenant’s dwelling unit is vacant; or (d) The increase in rent applies in a uniform manner to all tenants.”
Source Link - 6 Nev. Rev. Stat. § 118A.510(2) (2022)
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“If the landlord violates any provision of subsection 1, the tenant is entitled to the remedies provided in NRS 118A.390 [recover possession, recover actual damages + up to $2500, recover costs and attorney fees if tenant prevails] and has a defense in any retaliatory action by the landlord for possession.”
Source Link - 7 Nev. Rev. Stat. § 118A.510 (2022)
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“The maintenance of an action under this subsection does not prevent the tenant from seeking damages or injunctive relief for the landlord’s failure to comply with the rental agreement or maintain the dwelling unit in a habitable condition as required by this chapter.”
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