In Nevada, tenants have specific rights when essential services like air conditioning fail. Under Nevada law, landlords are required to restore essential services within 48 hours of being notified, excluding weekends and legal holidays. If they fail to do so, tenants can consider several options:
- Habitability Letter: Tenants should send a written notice, known as a habitability letter, to their landlord as soon as an essential service goes out. This can be done via certified mail, email, or text message, and it’s important for tenants to keep a copy for their records.
- Withholding Rent: Tenants may withhold rent until the issue is resolved, but they must deposit the withheld rent into a court escrow account rather than holding it themselves. This is crucial to avoid eviction for non-payment.
- Temporary Relocation: Tenants can temporarily move to a comparable rental unit. If they choose to stay in a hotel, the cost should not exceed the proportional rent for the duration of the stay.
- Legal Action: Tenants can sue the landlord for damages resulting from the lack of essential services. If a landlord willfully interrupts these services, tenants have five days to file a complaint for expedited relief.
- Consult Legal Aid: For ongoing issues or complex situations, tenants should consider seeking assistance from legal aid organizations, such as the Legal Aid Center of Southern Nevada, which provides guidance on a case-by-case basis.
It’s essential for tenants to follow the proper legal procedures to ensure their rights are protected and to avoid potential eviction for procedural errors.