Nevada Habitability Laws

QUICK FACTS
  • Landlord Responsibilities. Maintain in good working order all electrical, plumbing, heating, air-conditioning, and other facilities, including any elevators (read more).
  • Making Repairs. Landlords are required to make and pay for repairs for items under their responsibility. They must do so within 14 days after receiving a written request from tenants (read more).
  • Tenant Options. If repairs aren’t made in a timely manner, tenant is permitted to withhold rent, repair and deduct, report the issue to a public official, or file a lawsuit (read more).
  • Retaliation. It is illegal for a landlord to retaliate against a tenant by threatening eviction for exercising their legal rights (read more).

The implied warranty of habitability in Nevada does not apply to all types of dwellings. See the table below for which are & aren’t included.

Dwelling Type Landlord/Tenant Laws Apply?
Single family Yes
Multi-family Yes
Fraternities/Sororities/Clubs No
RV parks Not specifically addressed
Mobile home parks Not specifically addressed
Condos Only if person in condo is renter, not owner
Hotels/Motels No

Additionally, rental agreements are not allowed to include any provisions that waive the tenant’s right to live in a habitable residence.

Landlord Responsibilities

The following chart lists possible landlord responsibilities when it comes to habitability.  Not all of them are requirements in Nevada, as indicated below.

Note: some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.

Habitability Issue Landlord Responsibility?
Provide windows and doors that are in good repair. Yes
Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. Yes
Provide hot and cold running water. Yes
Provide working HVAC equipment. Yes
Provide working plumbing and electrical wiring/outlets/ lighting. Yes
Provide working gas lines if used for utilities/cooking No
Provide working sanitation facilities (bathtub/shower, toilet). Yes
Provide a trash can (for trash pickup services). Yes
Ensure that any stairs and railings are safe. Yes
Ensure that all floors are in good condition and safe. Yes
Provide fire exits that are usable, safe, and clean. Not addressed
Ensure storage areas, including garages and basements, do not house combustible materials. Not addressed
Provide working smoke detectors Not addressed
Provide a mailbox. Not addressed
Provide working wiring for one telephone jack. Not addressed
Provide working kitchen appliances. Not addressed
Provide working carbon monoxide detector. Not addressed
Provide a working washer/dryer. Not addressed

Sprinkler Systems

Not all states require existing apartment complexes, townhomes, and condos to have sprinkler systems. Many states do not require new construction to have sprinkler systems, either. However, Nevada has enacted laws requiring “retroactive” installations for apartment buildings and high rises.

Rodents, Insects, Vermin

Landlords are required to ensure that rental units are “reasonably free” from rodents, insects, and vermin, which includes extermination as necessary.

Making Repairs

If there’s anything in the rental unit needs to be repaired, the tenant must give written notice to the landlord.

  • Sending notice. The tenant must send a written notice to the landlord specifying each problem that requires repairs and request that the landlord remedy the problems. The landlord is given 14 days upon the receipt of the written notice to make necessary repairs.
  • Landlord access. Tenants are required to give the landlord access to the property to make necessary repairs. However, a landlord must give tenants 24 hours’ notice unless it’s an emergency.

Tenant’s Options if Repairs Aren’t Made

If repairs aren’t made in a timely manner, the tenant has a few possible options for resolving the issue.

  1. Withhold rent – Nevada landlord tenant law permits a tenant  to withhold rent until the landlord is able to complete the repairs.
  2. Repair and deduct – Tenants have the right to repair and deduct given that the cost of repair is less than $100 or one month’s periodic rent, whichever amount is greater.
  3. Lawsuit – tenants do have the right to sue the landlord for money if the problem is not fixed.
  4. Reporting to Public Officials – landlords can be reported on a city or county level to housing inspectors if they are found to be in violation of any local housing codes.

Landlord Retaliation

The landlord is prohibited from terminating a tenancy, refusing to renew a tenancy, increasing rent or decreasing essential services, or threaten to bring an action for possession in retaliation to a tenant for:

  • complaining to the landlord or a law enforcement agency of a violation of the housing or building code;
  • organizing or becoming a member of a tenant’s union or similar organization.

Sources