In Nevada, the elements for a claim of breach of the implied warranty of habitability are:
- All landlords shall maintain the dwelling unit at all times during the tenancy in a habitable condition;
- The dwelling unit is not habitable, as its condition violates provisions of relevant health, sanitation, and safety requirements of the statute(s);
- 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;
- Landlord has failed in good faith to remedy the failures outlined in the notice within fourteen days thereof;
- 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
- Tenant is entitled to recover actual damage caused by the landlord’s failures.
NRS 118A.290 and NRS 118A.355.
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