WHAT IS HABITABILITY?

A landlord of residential property must maintain the rental unit in a habitable condition.  A rental unit may be deemed to be uninhabitable if the landlord fails to maintain the unit properly and when it substantially lacks any of the following:

1.   Effective waterproofing and weather protection of the roof and exterior walls, including windows and doors;
2.   Plumbing installed to code and in good working order;
3.   A water supply, which produces hot and cold running water, is furnished to appropriate fixtures, and is connected to a sewage disposal system and which is in good working order;
4.   Adequate heating, installed to code and in good working order;
5.   Electrical lighting, outlets, wiring and electrical equipment installed to code and in good working order;
6.   Adequate number of trash cans available. The landlord must arrange for the removal of garbage and rubbish from the premises unless the the parties agree in writing otherwise;
7.   The building and grounds are clean, sanitary, and reasonably free of debris, filth, rubbish, garbage, rodents, insects, and vermin;
8.   Floors, ceilings, stairways and railings maintained in good repair;
9.   Ventilation, air-conditioning and other appliances, including elevators, are maintained in good repair if they are supplied or required to be supplied by the landlord.

If the landlord fails to maintain the dwelling in a habitable condition, the tenant must provide written notice to the landlord and the landlord has 14 days to fix the problem. If the landlord fails to fix the problem within 14 days, the tenant may:

*   Terminate the rental agreement
*   Recover actual damages
*   Apply to a court for additional relief
*   Withhold any rent that becomes due without incurring late fees, charges for notice, etc.
*   Repair and deduct--Should the tenant wish to repair the problem himself/herself, the tenant can only do so if the reasonable cost to repair is less than $100 or is an amount equal to one months rent, whichever is greater, but must provide the landlord with notice as described above.

Landlords should also be aware that a failure to provide essential items or services, such as heat,
air-conditioning, running water, hot water, electricity, gas, a functioning door lock, etc., constitute a breach of the rental agreement, and must be corrected by the landlord within 48 hours of receiving written notice from the tenant, exlcluding weekends and legal holidays. A landlord's failure to repair or correct these type of problems affords the tenant additional remedies under NRS 118A.380.

Call our office at (702) 871-6144 or visit our website at http://www.fastlasvegasevictions.com for more information!