QUESTION

can a landlord have water turned off?

Asked on Sep 03rd, 2013 on Breach of Contract - Nevada
More details to this question:
Our building is in Las Vegas, NV. It recently came under new ownership (Aug. 1, 2013). The old owner gave the new owners a month to transfer water to their name. It was not done, and now (Sept. 3, 2013) our 4-plex is without water. Considering it is in our leases that the owner pay for water, what is my recourse?
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1 ANSWER

R. Christopher Reade
The provision of water by the Landlord is one of the statutory requirements for habitability of a dwelling unit under NRS 118A.290, as well as an "essential service" under NRS 118A.390.   Pursuant to NRS 118A.255, if a landlord fails to maintain a dwelling unit in a habitable condition, the tenant shall deliver a written notice to the landlord specifying each failure by the landlord to maintain the dwelling unit in a habitable condition and requesting that the landlord remedy the failures. If a failure is remediable and the landlord adequately remedies the failure or uses his or her best efforts to remedy the failure within 14 days after receipt of the notice, the tenant may not proceed under NRS 118A.355.  If the landlord fails to remedy a material failure to maintain the dwelling unit in a habitable condition or to make a reasonable effort to do so within 14 day period, the tenant may: (a) terminate the rental agreement immediately; (b) recover actual damages; (c) and apply to the Court for any other relief; (d) withhold any rent that becomes due without incurring late fees until the landlord has remedied or attempted in good faith to remedy.  There are limited exceptions to the requirement to provide the 14 day notice.  Of course if the tenant caused the condition, or refuses to allow access, there is no relief provided to the Tenant. The second remedy is to claim that the Landlord is failing to provide essential service under NRS 118A.390.  Essential services are heat, running water, hot water, electricity and gas.  Upon the deprivation of any essential service, a Tenant can notify the landlord of the problem in writing and give the Landlord 48 hours to remedy the problem or make a good faith effort to remedy the problem (exclusive of weekends and holidays). The Notice should specify Tenant's selected course of action should no remedy be undertaken, including Tenant withholding or deducting the cost of services from rent, recovering actual damages or finding suitable substitute housing during non compliance48 hours excludes Saturdays, Sundays or legal holidays. The 48 hours begin after the notice is received by the landlord. The written notice must also inform the landlord what you will do if he does not remedy or make a good faith effort to remedy the problem.  If the Landlord intentionally interrupts essential services, the Tenant can file a Verificated Complaint with the Justice Court and/or terminate the rental agreement.
Answered on Sep 04th, 2013 at 2:52 PM

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