• TENANT’S AFFIDAVIT IN OPPOSITION TO SUMMARY EVICTION FOR NONPAYMENT OF RENT

  • IN THE JUSTICE COURT OF SPARKS TOWNSHIP

    COUNTY OF WASHOE, STATE OF NEVADA

  •    

    Landlord,

    v.

       
       
       
       
       

    Tenant.

  • Tenant, appearing in proper person, contests this matter pursuant to NRS 40.253 and states as follows:

    1. I am the tenant of the rental premises located at (insert complete address, including city, state, and zip code):   .

    2. My rent (check one box)
     
       
    subsidized by a public housing authority or governmental agency.

    3. I (check one box)

       
    applied for rental assistance through (name the entity where you applied)     .

    4. I received a Notice stating that I owe rent. I assert the following defenses to the Notice (check all that apply):
     I paid my rent in full.

    I tried to pay my rent in full, but Landlord refused to accept it.

     Landlord accepted partial payment of my rent.

     Landlord is charging a late fee that exceeds 5% of the amount of the periodic rent.

     The amount Landlord is demanding in the Notice includes costs or fees that are not periodic rent or late fees.

     Landlord is retaliating against me for having engaged in certain protected acts.
      
     I gave Landlord written Notice describing Landlord's failure to maintain my rental unit in a habitable condition. Landlord did not fix, or make reasonable effort to fix, the habitability problem within 14 days after my Notice. Therefore, I am withholding payment of rent. (You must deposit your rent into the Court's rent escrow account to raise this defense).
         
     I gave Landlord written Notice of an “essential services” problem at my rental unit (heat, air conditioning, running or hot water, electricity, gas, a working door lock, or other essential item or service). Landlord did not fix, or make a reasonable effort to fix, the problem within 48 hours after my Notice. Therefore, I am withholding payment of rent. (Your rent must have been current at the time you gave written notice to Landlord to raise this defense.)

      I corrected a habitability problem at my rental unit and am deducting the cost from my rent after giving Landlord an itemized statement. I gave Landlord written notice of the habitability problem and stated my intention to repair. Landlord did not fix the problem within 14 days after my notice.
     
     Landlord’s Notice was not served on me as required by law, or the Notice did not in other ways comply with Nevada law.
      
     Landlord is discriminating against me in violation of the Federal Fair Housing Act and/or Nevada laws.
      
    I am tenant on property that has been foreclosed upon and sold. The new owner:

  •  failed to serve me with the notice of change of ownership required by Nevada law;  
    violated the law by failing or refusing to give me an additional 60 days in the property;      
    is using the summary eviction process in violation of the law, which requires the formal unlawful detainer process.      

  •  Other defense (explain below):     

  • 0/1200
  • TENANTS: State the facts and circumstances that support the defenses you checked above (financial hardship - not having the money to pay your rent - is not a defense to a non-payment of rent Notice):

  • 0/2200
  • Therefore, I ask that Landlord receive nothing requested in Landlord’s Notice to Pay Rent or Quit and/or Affidavit/Complaint.

    I understand that if the filing of this Affidavit is timely,

    I will receive a notice of hearing by e-mail and/or regular U.S. Mail.

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

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