Breach of Implied Warranty of Habitability
Elements
NRS 118A.290 and NRS 118A.355 set forth the definition of "habitability" and the remedy if the landlord breaches. Below is an excerpt of those statutes. Please refer to the entire statute for a more complete rendition of the requirement.
Also, Radaker v. Scott, 109 Nev. 653, 855 P.2d 1037 (1993) applied the duty of the implied warranty of habitability to a real estate developer.
Requirements of the Defendant
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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:
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Effective waterproofing and weather protection of the roof and exterior walls, including windows and doors.
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Plumbing facilities which conformed to applicable law when installed and which are maintained in good working order.
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A water supply approved under applicable law, which is:
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Under the control of the tenant or landlord and is capable of producing hot and cold running water;
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Furnished to appropriate fixtures; and
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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.
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Adequate heating facilities which conformed to applicable law when installed and are maintained in good working order.
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Electrical lighting, outlets, wiring and electrical equipment which conformed to applicable law when installed and are maintained in good working order.
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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.
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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.
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Floors, walls, ceilings, stairways and railings maintained in good repair.
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Ventilating, air-conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord.
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Remedy
- 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 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:
- Terminate the rental agreement immediately.
- Recover actual damages.
- Apply to the court for such relief as the court deems proper under the circumstances.
- 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.
