QUESTION

Can I take my apt management to Can I sue my apt management/landlord for previous rent+ e for failure to maintain a safe and habitable dwelling unit.

Asked on Sep 22nd, 2013 on Breach of Contract - Nevada
More details to this question:
I have strong belief with photos/ written documentation That my landlord and apt management have breached our lease agreement As well as my rights as a tenant under the Nevada Tenant// Landlord Law Ch. 18A Among failure to maintain a safe and habitable dwelling unit, they have also neglected to  Properly move me to a new habitually clean and safe unit after water damage due to the tenants above my apt. I am currently in a motel upon my request, courtesy of them , that has the very similar issues as my unit. There is water damage in several areas, no proper essentials to cook food, rust, dirty walls, graffiti, and the bottom door is exposed to outside weather . After being made aware the motel is an old one, I was told I was going to be in a safe and clean place from 9/21-9/22. Until Monday. I even have a sign on the door requesting to chain lock the door during closed office hours for my safety!  There is many more detail along with several other issues I feel are of great importance
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1 ANSWER

R. Christopher Reade
There are a number of remedies available to a tenant whose landlord has breached the lease, including replacement housing and/or terminating the lease for constructive eviction.  One of the limitations in these situations to claims for damages however is the ability of a tenant to be able to show actual damages.  You have indicated that you want to sue for return of your rent.  However if you actually occupied the premises, you may have limited claims insofar as you continued to reside in the residence and to have the benefits of continued tenancy.
Answered on Sep 23rd, 2013 at 12:52 PM

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