Warranty of Habitability in Nevada

Last Updated: May 31, 2023 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.

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.

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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.

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.