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.
|Windows/Doors, Roof/Walls, Hot/Cold Water, HVAC, Plumbing, Electrical, Sanitation Facilities, Trash Can, Stairs/Railings, Floors
|Time Limit for Repairs
|Tenant Recourse Options
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.
|Landlord/Tenant Laws Apply?
|Not specifically addressed
|Mobile home parks
|Not specifically addressed
|Only if person in condo is renter, not owner
Additionally, rental agreements are not allowed to include any provisions that waive the tenant’s right to live in a habitable residence.
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.
|Provide windows and doors that are in good repair.
|Ensure the roof, walls, etc., are completely waterproofed and there are no leaks.
|Provide hot and cold running water.
|Provide working HVAC equipment.
|Provide working plumbing and electrical wiring/outlets/ lighting.
|Provide working gas lines if used for utilities/cooking
|Provide working sanitation facilities (bathtub/shower, toilet).
|Provide a trash can (for trash pickup services).
|Ensure that any stairs and railings are safe.
|Ensure that all floors are in good condition and safe.
|Provide fire exits that are usable, safe, and clean.
|Ensure storage areas, including garages and basements, do not house combustible materials.
|Provide working smoke detectors
|Provide a mailbox.
|Provide working wiring for one telephone jack.
|Provide working kitchen appliances.
|Provide working carbon monoxide detector.
|Provide a working washer/dryer.
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.
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.
Repairs, Recourse & Retaliation in Nevada
If a rental property is in violation of the implied warranty of habitability in Nevada, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
Requesting Repairs in Nevada
Nevada tenants must request repairs by providing the landlord written notice about the issue that needs repair. 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.
Renter’s Rights if Repairs Aren’t Made in Nevada
Nevada renters have the right to repairs for a variety of potential issues, including things that impact health and safety. To exercise their right, renters have to give the landlord written notice about the issue that needs fixing and wait 14 days for the landlord to do repairs.
If the issue isn’t fixed by the landlord in a timely way, the renter could end the rental agreement or get a court order for repairs or compensation, as well as potentially repair and deduct or withhold rent by following special requirements. Read More
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.