Essential Services
What are “essential services”?
Under NRS 118A.380, “essential services” are “heat, air-conditioning, running water, hot water, electricity, gas, or another essential service.”
What can I do about essential services problems?
If you do not have essential services and the lack of essential services is the result of the willful or negligent actions or inactions of the landlord, then you can pursue your remedies under NRS 118A.380. If the essential services problem is not the result of willful or negligent action of the landlord, then you can pursue the remedies under the habitability section
How long does the landlord have to fix the problem?
The landlord must treat your lack of an essential service as an emergency which must be repaired within 48 hours. You must first provide your landlord with a written notice of the emergency and request that the repairs be made within 48 hours. This 48 hours does not include weekends or holidays.
What if my landlord does not make the repairs?
If the landlord does not make the repairs, or does not make a good faith effort to complete the repairs, you can choose to do one of the following:
- Obtain the essential services on your own and deduct the cost from your next month’s rent;
- Sue your landlord for actual damages including the reduction in the value of your use of your home;
- Withhold any rent that becomes due. You cannot be charged late fees until your landlord has attempted in good faith to repair the essential service. You can choose this option only if you are current in your rent at the time you give your landlord the written notice; or
- Obtain comparable substitute housing during the time that your essential service is not working. While you are renting the substitute housing, you do not owe your landlord any rent. If the substitute housing costs more than the rent that you pay to your landlord, you can recover the difference in cost from your landlord.
Remember, these options require you to give your landlord written notice in advance. You do not need to issue written notice if the landlord admits in court of the problems and you are suing for money damages. If you want to withhold rent or sue for damages, you do not need to issue written notice if the landlord has already received notice from code enforcement or some other government agency. However, we strongly advise you to send your own notice, keep a copy of the notice, and wait 48 hours for the landlord to fix the problem. Always keep a copy of the signed letter or notice that you give your landlord. You will need it as proof that you have complied with Nevada law if you decide to sue your landlord in court for damages or as a defense if your landlord should try to evict you.
What if my landlord does make the repairs?
If your landlord has completed the repairs or your essential services have been restored, you must immediately pay the landlord any rent that you have lawfully withheld. Also, you cannot withhold rent if rent is due. You can only withhold rent that is due in the future.
What happens if I withhold rent?
If you withhold rent, the landlord could try to evict you using a 5 day pay rent or quit notice. This would violate Nevada law. Please see the section on eviction notices for more information.NOTE: The information contained on this page is for general background information only. If you have a legal question, it is best to consult with an attorney.
