Property Management Blog

Las Vegas Property management Habitability law

The habitability of a property determines whether or not that property is rentable to a new applicant or livable to a current resident. The definition of the habitability of a property is defined in law and to non-professionals can be confusing or understood wrong, this post is an attempt to provide information regarding habitability based on Nevada law NRS 118A.290 

Turn Key Property Solutions and any employees are not attorneys nor do we give legal advice and we always suggest that seek legal advice.  

NRS 118A.290 Habitability of dwelling unit.

      1. The landlord is responsible to maintain the dwelling unit in a habitable condition. A ​unit must follow housing or health codes concerning the health, safety, sanitation or fitness for habitation of the ​property or cannot​ lack:

      (a) Protection from water and weather intrusion on all outside walls and roof

      (b) Plumbing systems that met local codes when installed and are maintained in good working order. 

      (c) ​Hot and cold running water furnished to appropriate fixtures and existence of an approved sewage disposal system​

      (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) ​Disposal service furnished by landlord or resident based on written agreement

      (g) Building​ and grounds reasonably clean​

      (h) Floors, walls, ceilings, stairways and railings maintained in good repair.

      (i) ​Air conditioning maintained in good working condition IF supplied by landlord

      2. ​The Landlord and resident may agree upon which party is responsible for repairs and maintenance

      3. ​An agreement cannot be entered into if the duties of the Landlord have not been fulfilled in subsection 1

      (Added to NRS by 1977, 1336; A 1999, 1229; 2007, 1284)

To sum this law up LANDLORDS are ALWAYS responsible to keep the home in good working order.  But a landlord can contract with a resident, through a lease, to make the resident responsible for all our part of the cost to maintain the home or unit.  This does not allow the landlord to not fix items, the landlord must always fix habitability issues. After the repair is made he can then bill the resident for the amount as stated in the lease.

What are some other rule and ordinances that may come in to play for Habitability? For Las Vegas Landlord, and property management each city’s department of help and safety has rules, building department have rules, HOA can even have rules here are some links http://www.southernnevadahealthdistrict.org/, http://www.nvcontractorsboard.com/ . What can happen if A land lord doesn’t follow these laws: fines, court and in some cases jail time.

So in order to avoid Habitability Issues Follow these rule

1. Have a good lease that allows you to bill for damage and use in the home.
2. Never ignore your resident, actively or passively.  We 10 calls a month from landlords that go something like this.  The resident broke the such and such an Item SO I told them that they had to fix it. Now I’m getting served and have to court.  We inform the land lord that he needs to fix item.  He grumbles for a minute about it and says how it wrong and unfair that a resident can do this.  We then ask if his lease allows him to bill the resident. He normal says no.
3. Fix it and fix it fast.
4. Bill your resident don’t be shy about telling them they need to pay for damages and use
5. Use professionals

We have always followed these rules and it has kept us safe and out of hot water we hope this helps you to  

If you ever have Questions about land lording in Las Vegas, North Las Vegas, Henderson or property management. Call 702-706-7920 or email me Nathan@tkpsrealty.com