Rule 42 . Rent deposits relating to claims of uninhabitability under NRS 118A.355 .

(a) In an eviction action, if the tenant proceeds under NRS 118A.355 and raises a claim of uninhabitability relating to the tenant’s dwelling unit, the tenant may not raise as a defense that the tenant is entitled to withhold rent under NRS 118A.355 unless the tenant deposits the withheld rent into an escrow account maintained by the Pahrump Justice Court in accordance with this rule. The deposit(s) may be paid by cash, money order, debit card, MasterCard, or Visa. Deposits may not be paid by personal check. (b) At the time that the tenant files an answer to the eviction action, the tenant must indicate in the answer that the tenant has withheld rent pursuant to NRS 118A.355 , and the tenant must deposit the current accrued withheld rent with the Pahrump Justice Court. (c) If the tenant fails to make the deposit required by this rule, the tenant does not have a defense under NRS 118A.355 . (d) Prior to the hearing on an eviction action, a landlord may file a written opposition that explains why the tenant is not entitled to withhold rent pursuant to NRS 118A.355 . (e) When the eviction action proceeds to a hearing, the court may order: (1) The withheld rent to be returned to the tenant; (2) The withheld rent to be forwarded to the landlord; or (3) Any distribution of the withheld rent that is just and equitable under the circumstances. (f) If a tenant files a Motion to Stay or a Motion to Vacate, either before or after the issuance of an Order for Summary Eviction, and in lieu of an answer, the tenant must still make the deposit required by this rule in order to raise a defense under NRS 118A.355 . (g) A tenant may not withhold rent under NRS 118A.355 : (1) For a condition caused by the tenant’s own deliberate or negligent act or omission or that of a member of the tenant’s household or other person on the premises with the tenant’s consent; (2) If the landlord adequately remedies the failure or makes the best efforts to remedy the failure within 14 days after receipt of the notice required pursuant to NRS 118A.355 ; (3) If the landlord’s inability to adequately remedy the uninhabitability issue or make the best efforts to remedy the failure within 14 days is due to the tenant’s refusal to allow lawful access to the dwelling unit as required by the rental agreement or by NRS Chapter 118 ; or (4) If the tenant has not fully complied with NRS 118A.355 . (h) This rule does not apply to rent that is withheld under NRS 118A.380 for a landlord’s failure to supply essential services. (i) As used in this section, unless the context otherwise requires: (1) “Dwelling unit” has the meaning ascribed to it in NRS 118A.080 . (2) “Eviction action” means: (A) A summary eviction action pursuant to NRS 40.253 or NRS 40.254 ; or (B) A formal civil eviction pursuant to NRS 40.290 to 40.425 , inclusive. (3) “Uninhabitability” has the meaning ascribed to it in NRS 118A.290 .