What Makes a Rental "Habitable" in Nevada, and What Are Essential Services?
By The Property Management Firm · Last updated
Nevada landlords must keep a dwelling habitable during the tenancy. Under NRS 118A.290, a unit is not habitable if it violates housing or health codes or substantially lacks items such as weather protection, working plumbing, hot and cold water, heating, electrical systems, sanitation, and landlord-supplied appliances kept in good repair. Separate rules in NRS 118A.380 address a failure to supply essential items or services after written notice. This is general information, not legal advice.
Sources: NRS 118A.290, NRS 118A.380, NRS 118A.355, Nevada Legal Services, Civil Law Self-Help Center
What does NRS 118A.290 require for habitability?
NRS 118A.290 requires the landlord to keep the dwelling unit habitable throughout the tenancy. A unit is not habitable if it violates applicable housing or health codes, or if it substantially lacks:
Effective waterproofing and weather protection of the roof and exterior walls, including windows and doors.
Plumbing facilities that conformed to applicable law when installed and that are kept in good working order.
An approved water supply capable of producing hot and cold running water, furnished to appropriate fixtures, and connected to an approved sewage system the landlord can control.
Adequate heating facilities that conformed to applicable law when installed and are kept in good working order.
Electrical lighting, outlets, wiring, and equipment that conformed to applicable law when installed and are kept in good working order.
Adequate garbage receptacles in clean condition at the start of the tenancy, with the landlord arranging removal unless a written agreement says otherwise.
Building, grounds, and other areas under the landlord's control at the start of the tenancy, kept clean, sanitary, and reasonably free from debris, filth, rubbish, garbage, rodents, insects, and vermin.
Floors, walls, ceilings, stairways, and railings kept in good repair.
Ventilating, air-conditioning, and other facilities and appliances, including elevators, kept in good repair if supplied or required to be supplied by the landlord.
The last item applies only if the landlord supplies, or is required to supply, the facility or appliance.
What are "essential" items or services under NRS 118A.380?
NRS 118A.380 is a separate section. It applies when the landlord is required by the rental agreement or Chapter 118A to supply heat, air-conditioning, running water, hot water, electricity, gas, a functioning door lock, or another essential item or service, and the landlord willfully or negligently fails to do so, causing the premises to become unfit for habitation. After the resident gives written notice specifying the breach, if the landlord does not adequately remedy the breach, or use best efforts to remedy it, within 48 hours, except a Saturday, Sunday or legal holiday, after it is received by the landlord, the listed remedies may be used.
What notice rules apply before certain resident remedies?
The sections use different notice rules. For a material habitability failure, NRS 118A.355 requires written notice specifying each failure and requesting a remedy, then gives the landlord 14 days (calendar days, not judicial days) after receipt of the written notice to remedy a remediable failure or use best efforts, with conditions and exceptions. NRS 118A.380 uses the 48-hour rule above.
Can a resident withhold rent or arrange repairs?
Nevada law sets specific notice and remedy rules. Depending on the section and the facts, the statutes describe options that can include ending the rental agreement, recovering actual damages, asking a court for relief, arranging certain limited repairs, or withholding rent. Those options are not automatic, and this page is not a do-it-yourself kit. NRS 118A.355 also includes a Justice Court process for depositing withheld rent into an escrow account. A tenant does not have a defense to an eviction under that withholding provision unless the withheld rent has been deposited into that escrow account. NRS 118A.380 has its own options and limits. Read the official statute and talk with a Nevada attorney or legal aid before you act. Start with Nevada Legal Services or the Civil Law Self-Help Center.
Who pays for repairs the landlord must perform?
NRS 118A.290 generally prohibits requiring a tenant to pay a fee or other charge for work that is the landlord's duty under that section, including a deductible or copayment under a home-protection policy or service contract. A limited exception applies when the condition was caused by the tenant's own deliberate or negligent act or omission, or that of a member of the tenant's household or another person on the premises with the tenant's consent.
How should owners and managers respond quickly and document work?
Treat these failures as time-sensitive. Confirm the written notice, inspect with lawful access, and document the work. See hire or self-manage and services. Late-fee and eviction-notice rules are separate; see SB 151 if a nonpayment notice is also in play.
Where can residents get help that is not this website?
See NRS Chapter 118A and the legal-aid links above.
How we handle this at The Property Management Firm
On homes we manage, residents submit Maintenance requests, and we coordinate repairs. We check with the owner before larger non-emergency repairs. Emergencies follow the authority in the management agreement. We do not publish a dollar approval limit or a promised arrival time.
Frequently Asked Questions
What makes a Nevada rental not habitable?
Under NRS 118A.290, a dwelling is not habitable if it violates applicable housing or health codes or substantially lacks the conditions listed in that statute, such as weather protection, working plumbing, hot and cold water, heating, electrical systems, sanitation, and landlord-supplied appliances kept in good repair.
What are essential services under Nevada law?
NRS 118A.380 addresses a landlord's failure to supply heat, air-conditioning, running water, hot water, electricity, gas, a functioning door lock, or another essential item or service required by the rental agreement or Chapter 118A.
Can a tenant withhold rent if the home is not habitable?
Nevada law sets specific notice and remedy rules. Under NRS 118A.355, a tenant does not have a defense to an eviction under that withholding provision unless the withheld rent has been deposited into a Justice Court escrow account. Read the statutes and talk with a Nevada attorney or legal aid before acting.
Does a landlord have to keep appliances working?
NRS 118A.290 requires ventilating, air-conditioning, and other facilities and appliances to be maintained in good repair if they are supplied or required to be supplied by the landlord.
Can a landlord charge a tenant a fee to do repairs the landlord must perform?
NRS 118A.290 generally prohibits requiring a tenant to pay a fee or other charge for repairs, maintenance, or other work that is the landlord's duty under that section, with limited exceptions in the statute.
Does this page give legal advice?
No. This is general information. Statutes change. Talk with a Nevada attorney or a legal-aid organization about your situation.
Related Reading
What Is the Difference Between Leasing-Only and Full-Service Property Management in Las Vegas?
Who is responsible for HOA violations on a Las Vegas rental?
How do I apply for a rental home in Las Vegas with The Property Management Firm?
About the Author
The Property Management Firm is a Nevada-licensed brokerage that manages single-family homes, condominiums, and townhomes in Las Vegas, North Las Vegas and Henderson. We do not manage large apartment complexes or commercial property. Meet the brokers.
This is general information, not legal advice. Statutes change, and your lease, management agreement, or HOA documents may add requirements. Talk with a Nevada attorney about your situation.
The Property Management Firm · NV Broker Lic. B.1003288.CORP
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