Nevada Tenant's Affidavit/Answer in Opposition to Summary Eviction

NEVADA TENANT'S AFFIDAVIT/ANSWER IN OPPOSITION TO SUMMARY EVICTION

Table of Contents

1. Caption
2. Tenant's Filing
3. Tenant Information and Tenancy Facts
4. Notice Received from Landlord
5. Tenant's Affirmative Defenses (Check ALL that apply)
6. Counterclaims (Optional)
7. Request for Hearing and Discovery
8. Request for Eviction Record Sealing (NRS 40.2545)
9. Request for Fee Waiver (Optional)
10. Verification
11. Certificate of Service on Landlord
12. Exhibits
13. Sources and References

1. Caption

TENANT'S AFFIDAVIT/ANSWER IN OPPOSITION TO SUMMARY EVICTION
(NRS § 40.253(3) — Filed in Response to: ☐ 7-Day Pay or Quit ☐ 5-Day Lease Violation ☐ 3-Day Nuisance ☐ 30-Day No-Cause ☐ 5-Day Unlawful Detainer Following No-Cause)

2. Tenant's Filing

I, [TENANT FULL NAME], being first duly sworn upon oath, depose and state as follows:

The matters set forth herein are true and correct of my own personal knowledge. If called as a witness I would competently testify thereto. I am the named Tenant in the above-captioned matter and I am filing this Affidavit/Answer to contest the eviction sought by the Landlord and to obtain a hearing under NRS § 40.253(6).

3. Tenant Information and Tenancy Facts

I am protected by:

☐ NRS § 40.251 elderly/disability extension (60+ or disabled);
☐ NRS § 40.251 government shutdown extension (federal/tribal/state worker);
☐ Section 8 / housing choice voucher (source-of-income protection, NRS § 118.100);
☐ Federal Violence Against Women Act (VAWA) protections;
☐ HUD / LIHTC / USDA "good cause" eviction protections;
☐ Active military service (Servicemembers Civil Relief Act, 50 U.S.C. § 3951);
☐ None of the above.

4. Notice Received from Landlord

4.1 The Landlord served on me a notice dated [__/__/____], received by me on [__/__/____], in the manner: ☐ personal service ☐ posted on door ☐ left with another person ☐ certified mail ☐ other [____].

4.2 The notice was a:

☐ Seven-Day Notice to Pay Rent or Quit (NRS § 40.253(1)(a));
☐ Five-Day Notice to Perform Lease Condition or Quit (NRS § 40.2516);
☐ Three-Day Notice to Quit for Nuisance/Unlawful Use (NRS § 40.2514);
☐ Thirty-Day No-Cause Notice to Quit (NRS § 40.251);
☐ Five-Day Notice to Quit for Unlawful Detainer (NRS § 40.254);
☐ Other: [____________________].

4.3 The notice (copy attached as Exhibit A) demanded:

[STATE WHAT NOTICE DEMANDED ___________________________________
________________________________________________________________]

5. Tenant's Affirmative Defenses (Check ALL that apply)

I assert the following defenses. Facts supporting each are stated below and corroborated by the attached exhibits.

A. Payment / Tender of Rent

☐ A1. I paid the rent demanded. I paid $[_________] on [__/__/____] by [☐ check ☐ cash ☐ money order ☐ Zelle ☐ Venmo ☐ ACH ☐ landlord portal]. (Exhibit B — receipt/bank statement.)

☐ A2. The rent demanded was inflated with non-rent charges (late fees, utilities, attorney's fees, NSF, damages) — defect under Anvui, LLC v. G.L. Dragon, LLC, 123 Nev. 212 (2007). True rent owed is $[_________].

☐ A3. I tendered the rent within the 7-day notice period and the Landlord refused.

B. Defective Notice (Strict Construction)

☐ B1. The notice failed to specify the rent due/violation with required particularity.
☐ B2. The notice was served by the Landlord personally — improper under NRS § 40.280 (must be sheriff/constable/licensed process server/attorney's agent).
☐ B3. The notice computed days incorrectly (failed to exclude weekends/judicial holidays where required).
☐ B4. The notice omitted the mandatory NRS § 40.251(2) elderly/disability extension language.
☐ B5. The notice omitted the mandatory tenant-rights advisement (right to file Affidavit, court forms availability).
☐ B6. The notice was served before rent was actually delinquent or before grace period expired.
☐ B7. Other notice defect: [_______________________________].

C. Warranty of Habitability (NRS § 118A.290)

☐ C1. The Landlord has failed to maintain the premises in a habitable condition. Specific defects include: [☐ no/inadequate hot water ☐ no/inadequate heat ☐ no/inadequate AC ☐ leaking roof ☐ plumbing failure ☐ pest infestation ☐ mold ☐ structural defect ☐ electrical hazards ☐ broken locks/security ☐ other].

Date(s) defects reported to Landlord: [__/__/____], [__/__/____].
Method of reporting: ☐ written ☐ text ☐ email ☐ in-person ☐ via portal.

☐ C2. I have followed (or attempted to follow) the procedures of NRS §§ 118A.355–118A.380 (notice + reasonable opportunity to repair / repair-and-deduct / essential-service rent withholding).

D. Retaliation (NRS § 118A.510)

☐ D1. This eviction follows my complaint to a governmental agency about a code violation.
☐ D2. This eviction follows my complaint to the Landlord about habitability/repairs.
☐ D3. This eviction follows my participation in or organization of a tenant union.
☐ D4. This eviction follows my participation in legal proceedings.
☐ D5. This eviction follows my disclosure as a victim of domestic violence/sexual assault/harassment/stalking.
☐ D6. This eviction follows my exercise of rights as a federal/tribal/state worker during a government shutdown.

Date of protected activity: [__/__/____]. Date of notice: [__/__/____]. The temporal proximity supports a presumption of retaliation.

E. Discrimination (NRS § 118.100; 42 U.S.C. § 3601 et seq.)

☐ E1. This eviction is based on or motivated by my [☐ race ☐ color ☐ religion ☐ national origin ☐ ancestry ☐ sex ☐ sexual orientation ☐ gender identity/expression ☐ familial status ☐ disability ☐ age ☐ source of income (Section 8 voucher, AB 308 (2019)) ☐ other protected class].

F. Self-Help Eviction (NRS § 118A.390)

☐ F1. The Landlord has, without a court order, [☐ changed locks ☐ removed my belongings ☐ shut off utilities (water/gas/electric) ☐ removed doors/windows ☐ harassed/threatened ☐ otherwise interfered with my possession]. I claim damages up to $2,500 per violation plus actual damages, costs, and attorney's fees under NRS § 118A.390.

G. Security Deposit Setoff (NRS § 118A.242)

☐ G1. I am entitled to a setoff for an excess security deposit (over 3 months' rent) and/or for the Landlord's failure to return the deposit within 30 days of a prior tenancy or to provide an itemized accounting.

H. Waiver / Acceptance of Rent

☐ H1. The Landlord accepted rent for a period after the date of breach with knowledge of the breach, waiving the right to forfeit.
☐ H2. The Landlord accepted partial payment after the notice was served without reservation.

I. Federal Defenses

☐ I1. The Premises are a "covered dwelling" under the CARES Act (15 U.S.C. § 9058) and the Landlord did not provide the required 30-day notice to vacate.
☐ I2. The Premises are federally subsidized (HUD, LIHTC, Section 8 project-based, USDA RD) and the Landlord did not satisfy federal "good cause" requirements.
☐ I3. I am a servicemember entitled to a stay under the Servicemembers Civil Relief Act (50 U.S.C. § 3951).

J. Other Defenses

☐ J1. Payment was made to a prior owner before notice of change of ownership.
☐ J2. The Landlord's claim is barred by accord and satisfaction or estoppel.
☐ J3. The Landlord lacks standing (e.g., not the actual owner; agent without proper authority).
☐ J4. [Other: _____________________________________________].

6. Counterclaims (Optional)

I assert the following counterclaim(s):

☐ Habitability abatement / refund: $[__________];
☐ Security deposit return + statutory damages: $[__________];
☐ Self-help damages (NRS 118A.390): up to $2,500 per violation + actual damages;
☐ Retaliation damages: $[__________];
☐ Attorney's fees and costs;
☐ [Other: ________________].

7. Request for Hearing and Discovery

I respectfully request that the Court:

1. Set a hearing under NRS § 40.253(6) to allow both parties to present evidence;
2. Permit limited discovery as necessary, including production of the rent ledger, repair requests, code-enforcement records, and ownership documents;
3. Issue subpoenas for [WITNESSES / RECORDS ____________________];
4. Stay any lockout order pending the hearing;
5. Transfer to formal proceedings under NRS § 40.290 et seq. if the Court determines that material questions of law or fact require formal trial.

8. Request for Eviction Record Sealing (NRS § 40.2545)

I request that, upon dismissal, denial, or my prevailing in this matter, the case file and all related records be sealed automatically under NRS § 40.2545. If the matter resolves by stipulation, I request that any stipulation include sealing.

I further understand that under NRS § 40.2545:

• The case is automatically sealed if dismissed; if I prevail at hearing (10 judicial days after); if Landlord rescinds; or 31 days after I file this Affidavit if Landlord fails to file a counter-affidavit.
• I may also move to seal at any time on a showing that the interest of justice in sealing is not outweighed by the public's interest in access.

9. Request for Fee Waiver (Optional)

☐ I am requesting a waiver of filing fees because my income is below 200% of the federal poverty level. (Affidavit/Application for In Forma Pauperis attached as Exhibit Z.)

10. Verification

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.

Executed on [__/__/____] at [CITY], Nevada.

Signature: ____________________________________
Print Name: [TENANT NAME]

11. Certificate of Service on Landlord

I hereby certify that on [__/__/____] I caused a true and correct copy of this Tenant's Affidavit/Answer in Opposition to Summary Eviction, with all exhibits, to be served on the Landlord/Plaintiff or Landlord's counsel of record by:

☐ Personal delivery;
☐ U.S. Mail (first-class postage prepaid) to the address stated in the Landlord's notice;
☐ Email to [____________________] (if Landlord consented to email service);
☐ Court e-filing system (ODYSSEY/Tyler) where applicable.

Tenant Signature: ____________________________________

12. Exhibits

13. Sources and References

• NRS Chapter 40 (Property Actions): https://www.leg.state.nv.us/nrs/nrs-040.html
• NRS Chapter 118A (Landlord-Tenant: Dwellings): https://www.leg.state.nv.us/nrs/nrs-118a.html
• NRS § 40.253 (summary eviction): https://nevada.public.law/statutes/nrs_40.253
• NRS § 40.2545 (eviction sealing): https://nevada.public.law/statutes/nrs_40.2545
• NRS § 118A.290 (warranty of habitability): https://nevada.public.law/statutes/nrs_118A.290
• NRS § 118A.510 (retaliation): https://nevada.public.law/statutes/nrs_118A.510
• NRS § 118A.242 (security deposits): https://nevada.public.law/statutes/nrs_118A.242
• Civil Law Self-Help Center, Tenant Affidavit: https://www.civillawselfhelpcenter.org/self-help/evictions-housing/36-evictions/information-for-tenants/89-responding-to-an-eviction-notice
• Nevada Supreme Court Self-Help Forms (Tenant Affidavit Forms 13, 14, 15, 16): https://nvcourts.gov/self_help/landlord_tenant
• Nevada Legal Services, Tenant's Declaration No-Cause: https://nevadalegalservices.org/wp-content/uploads/2021/06/Tenants-Declaration-No-Cause-v2.pdf
• Legal Aid Center of Southern Nevada, Eviction Sealing Clinic: https://www.lacsn.org/what-we-do/free-classes/eviction-sealing
• Northern Nevada Legal Aid: https://www.nnlegalaid.org
• Nevada Lawyer (Dec. 2023), CLE Summary Eviction: https://nvbar.org/wp-content/uploads/NevadaLawyer_Dec2023_CLE-Summary-Eviction.pdf
• Anvui, LLC v. G.L. Dragon, LLC, 123 Nev. 212, 163 P.3d 405 (2007) (strict construction of pay-or-quit notice)
• Assembly Bill 486 (2021) (extending notice to 7 judicial days)
• Assembly Bill 308 (2019) (source-of-income protections)
• 15 U.S.C. § 9058 (CARES Act 30-day notice for covered properties)
• 50 U.S.C. § 3951 (Servicemembers Civil Relief Act — eviction protection)