In general, a landlord in Nevada has to repair any issues at a rental property that could affect a tenant’s health or safety. The landlord must repair issues within 14 days of getting written notice from the tenant about the needed repairs.
Nevada Landlord Responsibilities for Repairs
Nevada landlords are responsible for keeping all of the following in good working condition:
- Weatherproofing (including windows and doors).
- Plumbing.
- Electricity.
- Heating.
- Hot and cold water.
- Garbage containers and removal.
- Floors, walls, ceilings, stairways and railings.
- Required smoke alarms and carbon monoxide (CO) detectors.
- Provided appliances.
- Common areas.
- Features required by local code.
If any of the above stops working properly, and the tenant isn’t at fault for the damage, the landlord is the one responsible for making the repairs necessary to fix it.
What Repairs Are Tenants Responsible for in Nevada?
Nevada tenants are responsible for repairing any damage they cause to the property which affects health and safety.
On a case by case basis, the landlord and tenant can agree for the tenant to handle specific maintenance, as long as this doesn’t impact the landlord’s obligations to other tenants on the property.
Requesting Repairs in Nevada
Nevada tenants must request repairs by providing the landlord written notice about the issue that needs repair.
How Long Does a Landlord Have To Make Repairs in Nevada?
Nevada landlords have 14 days to put forth their best possible effort to make repairs, after getting proper written notice about an issue from the tenant.
Can the Landlord Refuse To Make Repairs in Nevada?
Nevada landlords cannot refuse to make necessary repairs, unless the tenant caused the issue or refused to allow the landlord access to properly fix the issue.
Do Landlords Have To Pay for Alternative Accommodation During Repairs in Nevada?
Nevada landlords are not required to pay for alternative accommodation while they conduct repairs. However, a situation that requires the tenant to move out for repairs may be a constructive eviction that lets the tenant end the lease and stop paying rent after moving out.
Tenant’s Rights if Repairs Aren’t Made in Nevada
Nevada tenants can cancel the rental agreement if the landlord doesn’t make timely repairs, in many situations. They might also sue for damages or get an injunction to force repairs, or even withhold rent through court escrow account payments.
Can the Tenant Withhold Rent in Nevada?
Nevada tenants can withhold rent, but not unilaterally. They must pay withheld rent into a court-approved escrow account. Otherwise, the landlord can evict for nonpayment of rent.
Can the Tenant Repair and Deduct in Nevada?
Nevada tenants can arrange for repairs and deduct from the rent. The deductible amount is one month’s rent or $100 (whichever is greater) in any 12-month period, when the landlord fails to do repairs after proper notice. The lease can require that such repairs be done by qualified professionals.
Can the Tenant Break Their Lease in Nevada?
Nevada tenants can break their lease 14 days after written notice, for failure to repair issues that weren’t the tenant’s responsibility or other uncorrected violations.
Tenants can move out and break their lease immediately, when the property is destroyed or severely damaged by an action that wasn’t the tenant’s fault (for example, a hurricane). The tenant must notify the landlord within seven days of termination.
Can the Tenant Sue in Nevada?
Nevada tenants can sue to force repairs or recover monetary damages, when the landlord doesn’t make timely repairs after proper notice.
Can the Tenant Report the Landlord in Nevada?
Nevada tenants can report landlords for code violations that affect health or safety. Tenants should usually report to the local inspections or code enforcement department. If an inspecting officer finds a violation, the tenant could cancel the rental agreement, or sue to force repairs.
Landlord Retaliation in Nevada
It’s illegal for Nevada landlords to retaliate with tenancy termination, raised rent, reduced services, or threatened eviction against tenants in one of the following protected situations:
- Complaining to the landlord or government about various legal issues with the property.
- Participating in a tenant organization.
- Starting, or winning, a proceeding or arbitration where habitability is raised as a claim.
- Refusing to consent to a landlord regulation that hasn’t yet become enforceable.
- Becoming a victim of domestic violence, harassment, sexual assault or stalking.
- Being a worker in a protected class during a general shutdown.
The law allows an exception when the landlord can prove good cause for the alleged retaliatory action. For example, a landlord who raises rent proportionately for all tenants in response to a large increase in property tax is not retaliating, even if a tenant has recently complained about maintenance.
Sources
- 1 Nev. Rev. Stat. § 118A.355(1) (2022)
-
“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 - 2 Nev. Rev. Stat. § 118A.290(1)(a) - (1)(c) (2022)
-
“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 - 3 Nev. Rev. Stat. § 118A.290(1)(d) - (1)(i) (2022)
-
“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 - 4 Nev. Rev. Stat. § 477.140(1) (2022)
-
“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(2) (2022)
-
“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 - 6 Nev. Rev. Stat. § 118A.290(2) (2022)
-
“The landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if: (a) The agreement of the parties is entered into in good faith; and (b) The agreement does not diminish the obligations of the landlord to other tenants in the premises.”
Source Link - 7 Nev. Rev. Stat. § 118A.400(1) (2022)
-
“If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the landlord may terminate the rental agreement and the tenant may, in addition to any other remedy: (a) Immediately vacate the premises and notify the landlord within 7 days thereafter of the tenant’s intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating. (b) If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant’s liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit or lack of use of the dwelling unit.”
Source Link - 8 Nev. Rev. Stat. § 118A.355(1)(a) - (1)(d) (2022)
-
“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 - 9 Nev. Rev. Stat. § 118A.355(5) (2022)
-
“Justice courts shall establish by local rule a mechanism by which tenants may deposit rent withheld under paragraph (d) of subsection 1 into an escrow account maintained or approved by the court. A tenant does not have a defense to an eviction under paragraph (d) of subsection 1 unless the tenant has deposited the withheld rent into an escrow account pursuant to this subsection.”
Source Link - 10 Nev. Rev. Stat. § 118A.360(1) (2022)
-
“If the landlord fails to comply with the rental agreement or his or her obligation to maintain the dwelling unit in a habitable condition as required by this chapter, and the reasonable cost of compliance or repair is less than $100 or an amount equal to one month’s periodic rent, whichever amount is greater, the tenant may recover damages for the breach or notify the landlord of the tenant’s intention to correct the condition at the landlord’s expense. If the landlord fails to use his or her best efforts to comply within 14 days after being notified by the tenant in writing or more promptly if conditions require in case of emergency, the tenant may cause the work to be done in a workmanlike manner and after submitting to the landlord an itemized statement, the tenant may deduct from his or her rent the actual and reasonable cost or the fair or reasonable value of the work, not exceeding the amount specified in this subsection.”
Source Link - 11 Nev. Rev. Stat. § 118A.360(2) (2022)
-
“The landlord may specify in the rental agreement or otherwise that work done under this section and NRS 118A.380 must be performed by a named person or firm or class of persons or firms qualified to do the work and the tenant must comply with the specifications. If the person qualified to do the work is unavailable or unable to perform the repairs the tenant shall use another qualified person who performs repairs.”
Source Link - 12 Nev. Rev. Stat. § 118A.510(1)(a) - (1)(c) (2022)
-
“Except as otherwise provided in subsection 3, the landlord may not, in retaliation, terminate a tenancy, refuse to renew a tenancy, increase rent or decrease essential items or services required by the rental agreement or this chapter, or bring or threaten to bring an action for possession if: (a) The tenant has complained in good faith of a violation of a building, housing or health code applicable to the premises and affecting health or safety to a governmental agency charged with the responsibility for the enforcement of that code; (b) The tenant has complained in good faith to the landlord or a law enforcement agency of a violation of this chapter or of a specific statute that imposes a criminal penalty; (c) The tenant has organized or become a member of a tenant’s union or similar organization.”
Source Link - 13 Nev. Rev. Stat. § 118A.510(1)(d) - (1)(f) (2022)
-
“Except as otherwise provided in subsection 3, the landlord may not, in retaliation, terminate a tenancy, refuse to renew a tenancy, increase rent or decrease essential items or services required by the rental agreement or this chapter, or bring or threaten to bring an action for possession if: (d) A citation has been issued resulting from a complaint described in paragraph (a); (e) The tenant has instituted or defended against a judicial or administrative proceeding or arbitration in which the tenant raised an issue of compliance with the requirements of this chapter respecting the habitability of dwelling units; (f) The tenant has failed or refused to give written consent to a regulation adopted by the landlord, after the tenant enters into the rental agreement, which requires the landlord to wait until the appropriate time has elapsed before it is enforceable against the tenant.”
Source Link - 14 Nev. Rev. Stat. § 118A.510(1)(g) (2022)
-
“Except as otherwise provided in subsection 3, the landlord may not, in retaliation, terminate a tenancy, refuse to renew a tenancy, increase rent or decrease essential items or services required by the rental agreement or this chapter, or bring or threaten to bring an action for possession if: (g) The tenant has complained in good faith to the landlord, a government agency, an attorney, a fair housing agency or any other appropriate body of a violation of NRS 118.010 to 118.120, inclusive, or the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq., or has otherwise exercised rights which are guaranteed or protected under those laws.”
Source Link - 15 Nev. Rev. Stat. § 118A.510(1)(h) (2022)
-
“Except as otherwise provided in subsection 3, the landlord may not, in retaliation, terminate a tenancy, refuse to renew a tenancy, increase rent or decrease essential items or services required by the rental agreement or this chapter, or bring or threaten to bring an action for possession if: (h) The tenant or, if applicable, a cotenant or household member, is a victim of domestic violence, harassment, sexual assault or stalking or terminates a rental agreement pursuant to NRS 118A.345; or (i) Except as otherwise provided in NRS 118A.315, the tenant is a federal worker, tribal worker, state worker or household member of such a worker and the tenant pays rent during the time specified in subsection 2 of NRS 118A.310 [during a general shutdown]. As used in this paragraph, “household member” has the meaning ascribed to it in NRS 40.0025.”
Source Link - 16 Nev. Rev. Stat. § 118A.510(3) (2022)
-
“A landlord who acts under the circumstances described in subsection 1 does not violate that subsection if: (a) The violation of the applicable building, housing or health code of which the tenant complained was caused primarily by the lack of reasonable care by the tenant, a member of his or her household or other person on the premises with his or her consent; (b) The tenancy is terminated with cause; (c) A citation has been issued and compliance with the applicable building, housing or health code requires alteration, remodeling or demolition and cannot be accomplished unless the tenant’s dwelling unit is vacant; or (d) The increase in rent applies in a uniform manner to all tenants.”
Source Link
