Most places, including Nevada, make a landlord responsible for the “habitability” of rental property. This means rental properties must be kept in proper condition to use for their intended purpose. Habitability is an important right for renters, but can be complicated because of details and differences in habitability requirements.
Nevada Implied Warranty of Habitability
In Nevada, the implied warranty of habitability means that a landlord must provide and maintain safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Nevada
Note: Check local city/county laws and ordinances for additional requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Washer & Dryer | No | Only If Provided |
| Smoke/CO Detectors | Smoke Only | Only If Provided |
| Window Coverings | No | No |
| Light Fixtures | No | Only If Provided |
| Landscaping | No | No |
| Garbage Removal | Yes | Yes |
| Garbage Pickup | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in Nevada
Nevada landlords must provide heating for rental properties. They don’t have to provide air conditioning, but they do have to maintain it if it’s provided.
Are Landlords Required to Provide Air Filter Replacements in Nevada?
Nevada landlords don’t have to replace things like air filters, unless required heating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Nevada
Nevada landlords must keep plumbing in reasonable working condition, although the renter is usually equally responsible for using the plumbing in a reasonable and sanitary way that doesn’t cause damage.
Are Landlords Required To Provide Hot Water in Nevada?
Nevada landlords must provide and maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Nevada?
Nevada landlords must fix clogs that keep the plumbing from being in reasonable working condition.
Are Landlords in Nevada Responsible for Fixing Leaks?
Nevada landlords must fix leaks that keep the plumbing from being in reasonable working condition.
Landlord Responsibilities for Kitchen Appliances in Nevada
Nevada landlords don’t have to provide kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. If provided, however, the landlord must maintain such appliances in good working order.
Landlord Responsibilities for Electrical Issues in Nevada
Nevada landlords are responsible for making sure there are no electrical issues that endanger basic safety or habitability on the rental property.
Are Landlords Responsible for Replacing Light Bulbs in Nevada?
Nevada landlords are not responsible for replacing light bulbs or particular light fixtures, except to keep provided appliances in good working order.
Landlord Responsibilities for Garbage Removal in Nevada
Nevada landlords must provide and maintain garbage containers and garbage removal services, unless the landlord and tenant specifically agree to another arrangement.
Landlord Responsibilities for Landscaping in Nevada
Nevada landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Nevada
Nevada landlords are responsible for most mold issues. While there’s no state requirement for testing, since mold threatens health and safety, landlords must investigate and fix mold problems that aren’t the result of the tenant’s lack of cleanliness.
Landlord Responsibilities Regarding Pests in Nevada
Nevada landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants.
Landlord Responsibilities for Windows & Window Coverings in Nevada
Nevada landlords aren’t specifically responsible for providing particular types of windows and window screens, but must provide secure and properly weatherproofed windows for rental property.
Landlord Responsibilities Regarding Safety Devices in Nevada
Nevada landlords on properties with three or more dwelling units are responsible for ensuring smoke detectors are installed at the beginning of a tenancy.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Nevada?
Nevada landlords must replace safety device batteries, as needed to keep any safety devices and other appliances they provide in reasonable working order.
Landlord Responsibilities for Washers and Dryers in Nevada
Nevada landlords are not required to furnish their rental properties with a working washer and dryer. However, if provided, it’s the landlord’s responsibility to keep them in good working order.
Renter’s Rights for Repairs in Nevada
Nevada renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue in writing. The landlord gets 14 days after notice to fix the issue.
If the issue isn’t fixed within the legally required time, the renter can end the rental agreement, ask a court to order repairs or compensation, repair and deduct from the rent, or deposit rent in escrow.
Sources
- 1 Nev. Rev. Stat. § 118A.290(1)(a) - (1)(c) (2022)
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“The landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. A dwelling unit is not habitable if it violates provisions of housing or health codes concerning the health, safety, sanitation or fitness for habitation of the dwelling unit or if it substantially lacks: (a) Effective waterproofing and weather protection of the roof and exterior walls, including windows and doors. (b) Plumbing facilities which conformed to applicable law when installed and which are maintained in good working order. (c) A water supply approved under applicable law, which is: (1) Under the control of the tenant or landlord and is capable of producing hot and cold running water; (2) Furnished to appropriate fixtures; and (3) Connected to a sewage disposal system approved under applicable law and maintained in good working order to the extent that the system can be controlled by the landlord.”
Source Link - 2 Nev. Rev. Stat. § 118A.290(1)(d) - (1)(i) (2022)
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“A dwelling unit is not habitable if it… substantially lacks: (d) Adequate heating facilities which conformed to applicable law when installed and are maintained in good working order. (e) Electrical lighting, outlets, wiring and electrical equipment which conformed to applicable law when installed and are maintained in good working order. (f) An adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the commencement of the tenancy. The landlord shall arrange for the removal of garbage and rubbish from the premises unless the parties by written agreement provide otherwise. (g) Building, grounds, appurtenances and all other areas under the landlord’s control at the time of the commencement of the tenancy in every part clean, sanitary and reasonably free from all accumulations of debris, filth, rubbish, garbage, rodents, insects and vermin. (h) Floors, walls, ceilings, stairways and railings maintained in good repair. (i) Ventilating, air-conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord.”
Source Link - 3 Nev. Rev. Stat. § 118A.355(2) (2022)
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“The tenant may not proceed under this section: (a) For a condition caused by the tenant’s own deliberate or negligent act or omission or that of a member of his or her household or other person on the premises with his or her consent; or (b) If the landlord’s inability to adequately remedy the failure or use his or her best efforts to remedy the failure within 14 days is due to the tenant’s refusal to allow lawful access to the dwelling unit as required by the rental agreement or this chapter.”
Source Link - 4 Nev. Rev. Stat. § 477.140(1) (2022)
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“The owner or operator of every hotel or motel which contains at least six guest rooms, or apartment building with at least three dwelling units, shall equip each room primarily used for sleeping in a hotel or motel and each dwelling unit in an apartment building with a smoke detector, the placement of which is approved by the authority.”
Source Link - 5 Nev. Rev. Stat. § 118A.355(1) (2022)
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“Except as otherwise provided in this chapter, if a landlord fails to maintain a dwelling unit in a habitable condition as required by this chapter, 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 a failure is remediable and the landlord adequately remedies the failure or uses his or her best efforts to remedy the failure within 14 days after receipt of the notice, the tenant may not proceed under this section.”
Source Link - 6 Nev. Rev. Stat. § 118A.355(1)(a) - (1)(d) (2022)
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“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 the prescribed time, the tenant may: (a) Terminate the rental agreement immediately. (b) Recover actual damages. (c) Apply to the court for such relief as the court deems proper under the circumstances. (d) Withhold any rent that becomes due without incurring late fees, charges for notice or any other charge or fee authorized by this chapter or the rental agreement until the landlord has remedied, or has attempted in good faith to remedy, the failure.”
Source Link
