Nevada Habitability Laws

Last Updated: June 24, 2022 by Elizabeth Souza

In Nevada a landlord’s obligation for providing a habitable living space is primarily governed by Nev. Rev. Stat §118A.290. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.

Quick Facts Answer
Landlord Responsibilities Windows/Doors, Roof/Walls, Hot/Cold Water, HVAC, Plumbing, Electrical, Sanitation Facilities, Trash Can, Stairs/Railings, Floors
Time Limit for Repairs 14 Days
Tenant Recourse Options
  • Withhold Rent: Yes
  • Repair & Deduct: Yes, Less Than $100 or 1-Month’s Rent
  • Substitute Housing: Yes, in certain situations

Applicable Dwelling Types in Nevada

The implied warranty of habitability in Nevada does not apply to all types of dwellings. See the table below for which are and 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.

Questions? To chat with a Nevada landlord tenant attorney, Click here

Landlord Responsibilities in Nevada

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

Nevada landlords must maintain the rental property to be in a habitable condition and the rental property should comply with all health and building codes. In some circumstances, a landlord and tenant may agree, in writing, that the tenant may perform certain repairs and maintenance.

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.

Tenant’s Right to Repairs in Nevada

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 or sooner if it’s an emergency.
  • 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.
Questions? To chat with a Nevada landlord tenant attorney, Click here

Tenant’s Options if Repairs Aren’t Made in Nevada

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. Landlords may not charge any late fees until the violation has been remedied.
  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. The tenant must first submit an itemized statement to the landlord and may proceed with having the repair completed.  It is important to note that if the landlord stated in the lease a specific person or company qualified to do the work, the tenant must comply and contact them to do the repairs. The repair and deduction method may only be used within a 12-month period.
  3. Substitute Housing– If the landlord is required by the rental agreement to supply heat, air-conditioning, running water, hot water, electricity, gas, etc., and the landlord willfully or negligently fails to provide those services causing the dwelling unit to become unfit for habitation, the tenant shall give written notice. If the landlord does not remedy the breach within 48 hours (except a Saturday, Sunday or legal holiday) after notice is received the tenant may additionally seek substitute housing.
  4. Lawsuit – Tenants do have the right to sue the landlord if the problem is not fixed.
  5. 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 in Nevada

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.

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