Duties of Landlords and Tenants under Nevada Law

Here is a summary of Nevada law addressing the rights and obligations of landlords and tenants arising from the landlord-tenant relationship.

Landlord’s Obligations to Tenants

A landlord’s legal duties to a tenant include the following:

• Delivering possession of the premises to the tenant in the time and manner set forth in the rental agreement
• Performing timely repairs to the premises for damages or problems not involving ordinary wear and tear
• Not interfering with the tenant’s use of and quiet enjoyment of the rental property
• Maintaining the premises in a habitable condition

What is a “Habitable” Condition

A habitable condition includes:

Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.

Plumbing facilities kept in good working order.

Water supply capable of producing hot and cold running water.

Heating facilities maintained in good working order.

Working electrical lighting, outlets, wiring, and electrical equipment

Clean and sanitary building grounds, and free of excessive debris, filth, rubbish, garbage, rodents, and vermin and other pest infestations.

An adequate number of appropriate garbage receptacles

Floors, stairways, and railings maintained in good repair.

Working Locks

Tenant Obligations to the Landlord

Tenants have the following legal duties to the landlord under Nevada law:

Tenants must keep the rented premises clean and safe

Tenants must dispose of all ashes, garbage, rubbish, and other waste cleanly and safely.

Tenants must keep plumbing fixtures in good condition

Tenants must use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances at the premises in a reasonable manner;

Tenants must not deliberately or negligently render the premises uninhabitable or destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so.

Tenants and their guests must conduct themselves in a manner that will not disturb the neighbors’ peaceful enjoyment of the premises.   

Tenants must notify the landlord in writing of any needed repairs.

Tenants must provide adequate notice before moving out.

Tenants must notify the landlord of a planned extended leave of absence from the premises.

Tenant Remedies for Landlord’s Breach of the Rental Agreement/Obligation to Deliver the Property in a Habitable Condition

If the landlord fails to comply with the rental agreement or his obligation to deliver the premises in a habitable condition, the tenant can terminate the agreement by serving a 14 Day Notice on the landlord identifying the acts or omissions constituting the breach.  If the breach is remediable and the landlord adequately remedies the breach or uses his or her best efforts to remedy the breach within 14 days after receipt of the notice, the rental agreement does not terminate.

If the landlord fails to remedy the breach or make a reasonable effort to do so within the prescribed time, the tenant may terminate the rental agreement immediately and recover actual damages sustained by the breach, including any prepaid rent and the security deposit.  In the case of a failure to deliver possession of the unit to the tenant, rent abates until possession is delivered as required by the agreement.

If the landlord fails to deliver or maintain the premises in a habitable condition, the tenant may, after giving proper notice,(1)  procure reasonable amounts of such essential items or services during the landlord’s noncompliance and deduct their actual and reasonable cost from the rent; (2) recover actual damages, including damages based upon the lack of use of the premises or the diminution of the fair rental value of the dwelling unit; (3) withhold any rent that becomes due during the landlord’s noncompliance without incurring late fees, charges for notice or any other charge or fee authorized by this chapter or the rental agreement, until the landlord has attempted in good faith to restore the essential items or services; or (4) procure other comparable housing during the landlord’s noncompliance.  The tenant may recover the actual and reasonable cost of that other housing exceeding the amount of rent which is abated.

The tenant may not terminate the rental agreement for a condition caused by the tenant’s deliberate or negligent act or omission.

Tenants’ Right to be Free from Retaliation for the Tenants’ Exercise of Their Legal Rights

Nevada law prohibits landlords from terminating a tenancy, refusing to renew a tenancy, increasing rent, decreasing essential items or services, or filing/threatening an eviction action against the tenant in retaliation for the tenant’s engaging in protected activity.  Such protective activity includes complaining to a governmental agency, complaining to the landlord about a breach of landlord’s duties, or organizing or joining a tenant’s union or similar organization.

Please contact Lynx Legal at 888-441-2355 or info@lynxlegal.com with any questions regarding the above, or if you are ready to start a case. Our experienced professionals are standing by to assist in any way we can.