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AB 223

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

2025 Regular Session Introduced by Natha Anderson and 5 co-sponsors

Expands tenant protection by creating an expedited court path to force landlords to fix habitability problems, allowing rent withholding and damages in response.

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Bill Summary · AB 223

AB 223 — Summary (Habitability of Rental Property)

BDR 10-684 — Assemblymember Considine (and co-sponsors)

Purpose

AB 223 revises Nevada landlord–tenant law to strengthen tenant remedies for habitability failures, clarify rental agreement and rent‑payment requirements, and expand what conditions count as rendering a dwelling uninhabitable. It creates a new expedited court process for tenants whose landlords fail to timely remedy habitability problems.

Key provisions and changes

  • Verified complaint for expedited relief

    • If a landlord fails to remedy a habitability defect after written notice, a tenant may file a verified complaint for expedited relief in court.
    • The court must hold a hearing within 7 calendar days of filing (unless good cause to extend).
    • If the court finds a landlord violated habitability duties, it may order repairs, award actual damages, enjoin unlawful removal, hold the landlord in contempt, or abate rent in whole or in part.
    • A tenant who files a verified complaint may withhold rent “upon filing” without incurring late fees, late charges or other specified fees; the court may order withheld rent placed into a court‑approved escrow account until repairs are shown.
    • Costs and official fees for tenants who file a verified complaint are deferred; after final disposition the court assesses costs against the losing party (with discretion to reduce or waive).

  • Habitability: expanded definitions

    • Adds specific items/conditions that can make a unit uninhabitable, including: doors/windows in disrepair; inadequate pest/rodent control; lack of measures preventing exposure to radon, lead, asbestos, toxic mold and other hazards; locks on exterior doors/windows; required safety equipment in working order.

  • Remedies and early termination

    • Tenants may terminate the rental agreement without incurring an early‑termination fee if the landlord fails to remedy material breaches; tenants may give notice of termination up to 60 days after providing the landlord the initial written notice in certain circumstances.
    • Clarifies when tenants may pursue remedial actions and expands situations in which a tenant may recover actual damages without prior notice (e.g., landlord had actual knowledge or received agency notice).

  • Rent, receipts and rental agreement content

    • Requires the landlord’s email address be included in certain rental agreement provisions.
    • Requires a landlord to provide a written receipt for each rent payment.
    • Removes some prescriptive requirements about which specific payment methods a landlord must accept; the bill’s amendments limit prescriptive language about payment methods, fees and form.

  • Loss of value

    • Defines “loss of value” (previously “diminution of value”) as an offset to rent based on how a condition impairs use and enjoyment; courts can subtract loss of value from rent owed when calculating amounts due.

  • Other protections

    • Provides that tenants who terminate for habitability reasons are to be given reasonable time, under certain circumstances, to retrieve belongings.
    • Adjusts statutory damages language and clarifies actual vs. statutory damages (including amendment to allow recovery of actual damages or a set percentage in some sections).

Who is affected

  • Tenants: expanded procedural tools (expedited complaint, ability to withhold rent upon filing, right to terminate without fee in some cases, clearer recovery of damages).
  • Landlords and property managers: increased obligations (expanded habitability standards, receipts for each payment, disclosure of email), exposure to expedited court orders, potential escrow and damages.
  • Courts: new expedited docket responsibilities and discretion to impose escrow, award damages, and defer/assess costs.
  • Local governments: possible fiscal impact (administrative/court workload, enforcement).

Procedural/timeline notes

  • Introduced: January 9, 2025.
  • Underwent committee hearings and multiple amendments (notably conceptual amendments clarifying timelines, escrow, definitions, and removing some prescriptive lease/payment requirements).
  • Legislative record supplied indicates final enactment: presented to the Governor and chaptered as Chapter 29, Statutes of 2025 (approved by the Governor on July 14, 2025). (The bill’s committee and amendment history is extensive; records contain an earlier administrative entry that referenced a veto but the final recorded status in the supplied materials shows gubernatorial approval and chaptering.)

Potential impacts

  • Strengthens tenant enforcement tools and may speed resolution of urgent habitability issues.
  • Could raise compliance and administrative costs for landlords (repairs, disclosures, receipts, potential escrow obligations).
  • May increase short‑term court workload for expedited hearings; fiscal impacts on local court administration were noted as possible.

For the full text and amendment history, consult the enacted statute (Chapter 29, Statutes of 2025) and the bill’s legislative file.

Compiled from official sources — confirm details with the bill’s official record.

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