TENANT'S AFFIDAVIT/DECLARATION (NON-PAYMENT EVICTION - PRIVATE HOUSING) TENANT INSTRUCTIONS (Form # 13) These instructions are only for tenants who do not live in public housing or housing where there is a government subsidy involved. You will be filling out Form #13, TENANT'S AFFIDAVIT/DECLARATION (Non-Payment Eviction - Private Housing). Nevada law allows no grace period for late payment of rent. Your landlord can serve you with the appropriate non-payment notice whenever your rent is late. You have 3 options: 1. 2. Pay the rent requested. Vacate the rental unit. OR, if you have a legal defense, 3. Fill out and file the Tenant's Affidavit/Declaration which will get you a hearing before a Justice of the Peace. To file the Tenant's Affidavit/Declaration you will be required to pay a filing fee unless the court waives it due to your inability to pay.1 The law requires that you file your Tenant's Affidavit/Declaration by noon of the 5th judicial day2 following getting served the notice to leave the rental unit by your landlord. If you don't arrive by noon, some court clerks may accept it up until closing, but some will not. If the 5th day ends on a Saturday, Sunday, or holiday, you have until noon on the next day the court is open to file your Tenant's Affidavit/Declaration. FILLING OUT FORM #13 Heading Fill in the name of the township and county of the Justice Court where the rental unit is located. 1 See the section entitled "How to File a Tenant's Affidavit/Declaration" to request waiving fees and costs. 2 "Judicial Days" do not include date of service, weekends or legal holidays. Apartment 1 of 8 Tenant Instructions Tenant's Affidavit/Declaration (Non-Payment Eviction ­ Private Housing) Refers to Form # 13 ©2006 Nevada Supreme Court Revised: April 14, 2006 American LegalNet, Inc. www.FormsWorkflow.com Parties You must fill in the names, addresses and phone numbers of the Landlord/Plaintiff and Tenant/Defendant. Case No. and Dept. No. Leave blank. The court will assign a Case Number and Department Number. Body of the Affidavit Number 1 Fill in the name of the township and county. Number 2 Fill in the date you started renting. Number 3 This sentence states that you have a legal defense or defenses. A legal defense is a reason why you should not be evicted which is recognized by law. Numbers 4 ­ 13 state the defenses you can select on the Tenant's Affidavit/Declaration. NUMBERS 4 THROUGH 13 Check those items that apply to your situation Number 4 This sentence states that you were not served with the proper notice. In other words, did the notice give you the option to pay rent by the 5th judicial day after the notice is given or to leave? Explain the circumstances. Number 5 This sentence states that you have paid the rent.3 If so, there is a space to fill in the amount you paid and the date you paid. Check either A, B, C and/or D to show how you paid. If you check D, "Other," that you paid by another method (for example: by providing agreed upon repairs or improvements), explain in the blank space. 3 Apartment You are not excused from paying rent simply because you have paid a security deposit. 2 of 8 Tenant Instructions Tenant's Affidavit/Declaration (Non-Payment Eviction ­ Private Housing) Refers to Form # 13 ©2006 Nevada Supreme Court Revised: April 14, 2006 American LegalNet, Inc. www.FormsWorkflow.com Number 6 This sentence states that you tried to pay the rent (you offered but the landlord did not accept it). Explain the circumstances. Number 7 This sentence states that you tried to pay the rent due, but that the landlord has refused to accept it because you would not pay additional charges, such as attorney fees, collection fees or other charges not authorized in the rental agreement.4 Number 8 This sentence states that you made other arrangements with the landlord about paying the rent (like an agreement to pay $50 extra each month until the arrearage is caught up). Explain those arrangements in detail. Number 9 This sentence states that you do not owe the amount of the rent which the landlord claims to be in arrears. For example, the amount may be incorrect because the landlord made a math error, because the landlord is wrong about the amount which you agreed to pay each month, etc. Explain why you do not owe this amount. Number 10 This sentence states that you are exercising your right under the authority of NRS 118A.380(1)(c) to withhold the payment of rent until essential services (heat, running water, hot water, electricity, gas, etc.) have been restored. To lawfully 4 If they are agreed to in the rental agreement, the landlord may evict you for failure to pay a reasonable charge for late payments of rent or dishonored checks, or a security deposit. See NRS 40.253(9) and NRS 118A.200(3)(c). A landlord shall not refuse to accept rent offered after a notice simply because the tenant has not paid collection fees, attorney fees or other costs other than rent, a reasonable charge for late payments of rent or dishonored checks, or a security. NRS 40.253(9). There is a presumption that the tenant does not owe late charges or charges for dishonored checks unless these terms are in a written Apartment Tenant Instructions Tenant's Affidavit/Declaration (Non-Payment Eviction ­ Private Housing) Refers to Form # 13 ©2006 Nevada Supreme Court Revised: April 14, 2006 American LegalNet, Inc. www.FormsWorkflow.com 3 of 8 withhold rent, you must first give the landlord a written notice to restore essential services within two working days. Provide the date you informed the landlord and explain why you are withholding the rent. Number 11 If this pertains to your situation, this sentence states that you are claiming a set-off against any rent owed because the landlord is intentionally failing to provide essential services. In such cases, NRS 118A.390 allows the tenant to recover actual damages plus up to $1,000.00 in additional statutory damages. Explain the reasons. Number 12 If this pertains to your situation, this sentence states that you are claiming a set-off against any rent owed because the landlord is failing to maintain the rental unit in a habitable condition. In such cases, NRS 118A.350, NRS 118A.360 and NRS 118A.380 allow you to claim actual damages if you have followed the steps set out in the statutes (see following three paragraphs). If your house or apartment is in need of substantial repair, you may claim as damage the decreased value of the apartment or house under