The Elements for a Claim of Breach of the Implied Warranty of Habitability

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

Published by

Jay Young, Mediator and Arbitrator

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator. Mr. Young can be reached at 702.667.4868 or at jay@h2law.com. The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Guest bloggers are responsible for their own content, which is not to be construed as an article authored by Jay Young. Please see http://nevadalaw.info/disclaimer

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