Sometimes things around our homes break or pests invade through no fault of our own. When this happens not only is it frustrating, but it can be unhealthy and dangerous. This brief article covers Nevada’s laws on habitability, what you need to do to legally get things fixed, and your options if they are not or cannot be fixed.
What is a Habitability Issue? Not everything that goes wrong with your rental home is a habitability issue. Even certain code violations don’t necessarily give you rights under the habitability laws. Briefly, major utility elements – heating, electrical, plumbing, weather proofing, outside doors and access, pests & vermin control, and appliances, are covered habitability items. NRS 118A.290
Written Notice a Must: When something goes wrong or breaks, you must give the landlord written notice of the repair issue. NRS 118A.355(1); NRS 118A.380(3). Verbal notices almost never count. Depending on the issue, landlords have a certain time to repair. Verbal notices do not start the required time to fix. Keep a dated copy of any notice you give to the landlord. You will need it if you must go to court. Rental Portals: A written notice includes maintenance repairs made by you through a rental portal. If you can’t print out a screen shot of the portal message you sent, take a photo of it with your phone.
Time to Repair: Once the landlord receives your written notice to repair, the landlord has either 14-days to attempt a good faith repair (NRS 118A.355) or, if the problem is an “essential service”, 48-hours (NRS 118A.380). You do not count weekends or holidays so if you report (give written notice) to your landlord of no electricity on Friday, the landlord has until Tuesday to fix it. Essential services cover items such as no water, no electricity, or an imminently dangerous condition such as a sewage backup. In the Las Vegas area, it may include a broken air conditioner in summer.
Your Part: You must allow the landlord and workmen access to your unit during business hours (usually 8 am to 8 pm). NRS 118A.355(2)(b). Also, the landlord can ask you to reasonably accommodate the repairs. This could include you being required to move furniture to allow workman access, cleaning out/packing up lose items, and even temporarily moving out until the problem is addressed.
If it Isn’t or Can’t be Repaired: The law requires the landlord to exercise a “good faith” attempt to correct. However, there are some issues that cannot be fixed within 14-days such as a pest infestation or major plumbing issues wherein walls or floors must be removed. These major issues can seriously disrupt your occupancy. If the habitability issue cannot be fixed, you may have to move.
Your Options: If the repair isn’t or can’t be completed within those time frames, you have several options. Depending on the case, you can withhold rent, cancel the rental agreement and move, ask for a break in your rent amount, obtain a refund of money you spent to correct or deal with the habitability issue, and any other damages the court may award. NRS 118A.355(1), NRS 118A.380(1). The landlord is responsible for any economic loss you suffer due to the habitability issue, but you may have to sue to get your compensation.
Withholding Rent: Withholding rent is designed to strongly encourage the landlord to timely fix the habitability issue. If you withhold rent, you may have to deposit the full amount of the rent with the court, and the court will hold your rent until the landlord follows the statutes. NRS 118A.355(5). The right to withhold rent during a habitability issue does not automatically entitle you to live in the unit without paying rent but may entitle you to a rent off-set.
Damage Caused by the Tenant: You lose your rights under the habitability statues if the damage was caused by the tenant, NRS 118A.355(2(a), NRS 118A.380(5). Additionally, under the essential service statute you must be current in your rent at the time you give the landlord the written habitability notice. NRS 118A.380(4).
When you have a habitability issue, addressing it may seem overwhelming, especially if your landlord is non-responsive. Nevertheless, when renting everyone deserves a safe and clean place to live. If the landlord does not or cannot fix the habitability issue, you may need to take the landlord to court. Reach out to Nevada Legal Services, we are here to help.