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In Nevada, the elements for a claim of breach of the implied warranty of habitability are:

  1. All landlords shall maintain the dwelling unit at all times during the tenancy in a habitable condition;
  2. The dwelling unit is not habitable, as its condition violates provisions of relevant health, sanitation, and safety requirements of the statute(s);
  3. Tenant has delivered to landlord, sufficient notice in writing specifying each failure of the landlord to maintain the dwelling in a habitable condition and requesting the landlord remedy the same, as required by NRS 118A.355;
  4. Landlord has failed in good faith to remedy the failures outlined in the notice within fourteen days thereof;
  5. Tenant is entitled to termination of the rental agreement, or to withhold rent that becomes due without incurring a late fee, until the landlord has remedied the failure; and
  6. Tenant is entitled to recover actual damage caused by the landlord’s failures.

NRS 118A.290 and NRS 118A.355.

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.