Nevada is among the few states where tenants often must risk an eviction proceeding simply to enforce their right to a habitable home. Rather than allowing tenants to quickly petition a court to order repairs, current law frequently forces them into withholding rent, a remedy that can trigger an eviction case before the underlying health and safety issues are ever resolved

Under current Nevada law, when a landlord fails to correct certain serious habitability problems, a tenant’s primary remedies often include:

• giving written notice,
• waiting the required statutory period,
• withholding rent (if the legal requirements are met), or
• making repairs and deducting certain costs.

In practice, many tenants end up withholding rent, which can expose them to an eviction filing even if the underlying reason is the landlord’s failure to maintain a habitable home. While tenants may ultimately prevail, the eviction process itself can be intimidating and costly.