The provision of power/electricity by the Landlord is one of the statutory requirements for habitability of a dwelling unit under NRS 118A.290, as well as an "essential service" under NRS 118A.390. Pursuant to NRS 118A.255, if a landlord fails to maintain a dwelling unit in a habitable condition, the tenant shall deliver a written notice to the landlord specifying each failure by the landlord to maintain the dwelling unit in a habitable condition and requesting that the landlord remedy the failures. If the landlord uses its best efforts to remedy the failure within 14 days after receipt of the notice, the tenant may not proceed under NRS 118A.355. If the landlord fails to remedy a material failure to maintain the dwelling unit in a habitable condition or to make a reasonable effort to do so within 14 day period, the tenant may: (a) terminate the rental agreement immediately; (b) recover actual damages; (c) and apply to the Court for any other relief; (d) withhold any rent that becomes due without incurring late fees until the landlord has remedied or attempted in good faith to remedy. There are limited exceptions to the requirement to provide the 14 day notice. Of course if the tenant caused the condition, or refuses to allow access, there is no relief provided to the Tenant. Therefore the withholding of rent can be proper as one of the remedies.
The second remedy is to claim that the Landlord is failing to provide essential service under NRS 118A.390. Essential services include electricity. Upon the deprivation of any essential service, a Tenant can notify the landlord of the problem in writing and give the Landlord 48 hours to remedy the problem or make a good faith effort to remedy the problem (exclusive of weekends and holidays). The Notice should specify Tenant's selected course of action should no remedy be undertaken, including Tenant withholding or deducting the cost of services from rent, recovering actual damages or finding suitable substitute housing during noncompliance period. The 48 hours begin after the notice is received by the landlord. If the Landlord intentionally interrupts essential services, the Tenant can file a Verified Complaint with the Justice Court and/or terminate the rental agreement.
Answered on Nov 04th, 2013 at 10:23 PM