After researching the laws regarding landlords and tenants in the state of Nevada, I have concluded that my landlord, Ronald McDonald, acting by proxy of real estate agent, Cookie Monster, have conducted themselves in a manner contrary to the laws laid out in NRS118A.370. I was charged rent starting from April 9th 2008, despite my actual possession date of April 14th 2008. The lease agreement states that rent starts at April 9th, the lease was actually signed April 10th, and possesion of the house was granted around 11:30 AM on Monday the 14th. The amount of rent paid was for a prorated 21 day period (total rent amount: $1250/month) totaling $875.00. The proper amount was for a prorated 16 day period totaling $666.67, leaving a difference in balance of $208.33. This notice serves as an attempt to secure debts by means of decreased rent for the month of May 2008 as the original amount of $1250 per month decreased by the balance of $208.33 owed to tenant, leaving a leftover amount of 1041.67 due for the month of May 2008.
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, security 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)