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Mold Eliminators was founded in 1996 as a solutions provider committed to solving mold and moisture problems in residential and commercial facilities.
Mold Eliminators, since 1996 has help many families renting a homes or condo to understand their rights as a tenant, if their home or apartment has mold or water damage.
The reality is most tenants have to wait on the owner or manager of the property to sign off on any work that needs to be done. As a tenant you have rights when renting from a home owner or apartment complex.Below we have outlined some info that should help any tenant to better understand their rights when dealing with mold contamination or sewage floods and your landlords responsibility.
Below we have outlined some basic info on Nevada Revised Statute 118A.
To read the complete Nevada Revised Statute 118A
NRS 118A.290 Habitability of dwelling unit.
1. The landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. A dwelling unit is not habitable if it violates provisions of housing or health codes concerning the health, safety, sanitation or fitness for habitation of the dwelling unit or if it substantially lacks:
(a) Effective waterproofing and weather protection of the roof and exterior walls, including windows and doors.
(b) Plumbing facilities which conformed to applicable law when installed and which are maintained in good working order.
(c) A water supply approved under applicable law, which is:
(1) Under the control of the tenant or landlord and is capable of producing hot and cold running water;
(2) Furnished to appropriate fixtures; and
(3) Connected to a sewage disposal system approved under applicable law and maintained in good working order to the extent that the system can be controlled by the landlord.
(d) Adequate heating facilities which conformed to applicable law when installed and are maintained in good working order.
(e) Electrical lighting, outlets, wiring and electrical equipment which conformed to applicable law when installed and are maintained in good working order.
(f) An adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the commencement of the tenancy. The landlord shall arrange for the removal of garbage and rubbish from the premises unless the parties by written agreement provide otherwise.
(g) Building, grounds, appurtenances and all other areas under the landlord’s control at the time of the commencement of the tenancy in every part clean, sanitary and reasonably free from all accumulations of debris, filth, rubbish, garbage, rodents, insects and vermin.
(h) Floors, walls, ceilings, stairways and railings maintained in good repair.
(i) Ventilating, air-conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord.
2. The landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:
(a) The agreement of the parties is entered into in good faith; and
(b) The agreement does not diminish the obligations of the landlord to other tenants in the premises.
3. An agreement pursuant to subsection 2 is not entered into in good faith if the landlord has a duty under subsection 1 to perform the specified repairs, maintenance tasks or minor remodeling and the tenant enters into the agreement because the landlord or his or her agent has refused to perform them.
OBLIGATIONS OF TENANT
1. Comply with the terms of the rental agreement;
2. Keep that part of the premises which is occupied and used as clean and safe as the condition of the premises permit;
3. Dispose of all ashes, garbage, rubbish and other waste from the dwelling unit in a clean and safe manner;
4. Keep all plumbing fixtures in the dwelling unit as clean as their condition permits;
5. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, in the premises;
6. 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; and
7. Conduct himself or herself and require other persons on the premises with his or her consent to conduct themselves in a manner that will not disturb a neighbor’s peaceful enjoyment of the premises.
(Added to NRS by 1977, 1336)
NRS 118A.355 Failure of landlord to maintain dwelling unit in habitable condition.
1. Except as otherwise provided in this chapter, if a landlord fails to maintain a dwelling unit in a habitable condition as required by this chapter, the tenant shall deliver a written notice to the landlord specifying each failure by the landlord to maintain the dwelling unit in a habitable condition and requesting that the landlord remedy the failures. If a failure is remediable and the landlord adequately remedies the failure or uses his or her best efforts to remedy the failure within 14 days after receipt of the notice, the tenant may not proceed under this section. If the landlord fails to remedy a material failure to maintain the dwelling unit in a habitable condition or to make a reasonable effort to do so within the prescribed time, the tenant may:
(a) Terminate the rental agreement immediately.
(b) Recover actual damages.
(c) Apply to the court for such relief as the court deems proper under the circumstances.
(d) Withhold any rent that becomes due 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 remedied, or has attempted in good faith to remedy, the failure.
2. The tenant may not proceed under this section:
(a) For a condition caused by the tenant’s own deliberate or negligent act or omission or that of a member of his or her household or other person on the premises with his or her consent; or
(b) If the landlord’s inability to adequately remedy the failure or use his or her best efforts to remedy the failure within 14 days is due to the tenant’s refusal to allow lawful access to the dwelling unit as required by the rental agreement or this chapter.
3. If the rental agreement is terminated, the landlord shall return all prepaid rent and security recoverable by the tenant under this chapter.
4. A tenant may not proceed under this section unless the tenant has given notice as required by subsection 1, except that the tenant may, without giving that notice:
(a) Recover damages under paragraph (b) of subsection 1 if the landlord:
(1) Admits to the court that the landlord had knowledge of the condition constituting the failure to maintain the dwelling in a habitable condition; or
(2) Has received written notice of that condition from a governmental agency authorized to inspect for violations of building, housing or health codes.
(b) Withhold rent under paragraph (d) of subsection 1 if the landlord:
(1) Has received written notice of the condition constituting the failure to maintain the dwelling in a habitable condition from a governmental agency authorized to inspect for violations of building, housing or health codes; and
(2) Fails to remedy or attempt in good faith to remedy the failure within the time prescribed in the written notice of that condition from the governmental agency.
5. Justice courts shall establish by local rule a mechanism by which tenants may deposit rent withheld under paragraph (d) of subsection 1 into an escrow account maintained or approved by the court. A tenant does not have a defense to an eviction under paragraph (d) of subsection 1 unless the tenant has deposited the withheld rent into an escrow account pursuant to this subsection.
(Added to NRS by 2007, 1281)
OBLIGATIONS OF LANDLORD
NRS 118A.360 Failure of landlord to comply with rental agreement or maintain dwelling unit in habitable condition where cost of compliance less than specified amount.
1. If the landlord fails to comply with the rental agreement or his or her obligation to maintain the dwelling unit in a habitable condition as required by this chapter, and the reasonable cost of compliance or repair is less than $100 or an amount equal to one month’s periodic rent, whichever amount is greater, the tenant may recover damages for the breach or notify the landlord of the tenant’s intention to correct the condition at the landlord’s expense. If the landlord fails to use his or her best efforts to comply within 14 days after being notified by the tenant in writing or more promptly if conditions require in case of emergency, the tenant may cause the work to be done in a workmanlike manner and after submitting to the landlord an itemized statement, the tenant may deduct from his or her rent the actual and reasonable cost or the fair or reasonable value of the work, not exceeding the amount specified in this subsection.
2. The landlord may specify in the rental agreement or otherwise that work done under this section and NRS 118A.380 must be performed by a named person or firm or class of persons or firms qualified to do the work and the tenant must comply with the specifications. If the person qualified to do the work is unavailable or unable to perform the repairs the tenant shall use another qualified person who performs repairs.
3. A tenant may not repair at the landlord’s expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s household or other person on the premises with his or her consent.
4. The landlord’s liability under this section is limited to $100 or an amount equal to one month’s periodic rent, whichever amount is greater, within any 12-month period.
5. A tenant may not proceed under this section unless the tenant has given notice to the landlord that the dwelling is not in a habitable condition as required by this chapter.
(Added to NRS by 1977, 1339)
Know your responsibilities as a tenant. Read your lease agreement carefully!