Nevada Landlord And Tenant Legal Questions

You have a right of quiet enjoyment in the premises.  Usually the rights of a Landlord to show prospective purchasers the property for sale are governed under the Lease Agreement. As far as contact information, NRS 118A.260 requires a Landlord to disclose of names and addresses of managers and owners of the Subject Property as well as an emergency contact located in the State of Nevada and within 60 miles of the Subject Premises.... Read More

Yes, the Landlord is contractually entitled to rent for the period during which you occupied the premises in accordance with the Lease Agreement.  While certain persons would toy with estoppel or waiver arguments, you are legally liable for the final month's rent. Security deposits are handled differently pursuant to a 30 Day Accounting process pursuant to NRS 118A.242.  Nonetheless some tenants make the strategic decision to not pay the final month's rent and to force the Landlord to apply the security deposit to rents and basically to be unsecured for Tenant damage to the premises.... Read More

Moving out was the right decision. Under any lease, you would have the rights of quiet enjoyment of the premises. Since the landlord deprived you of that right, you were justified in leaving and can use that as a defense if he sues you. Additionally, you have a personal injury claim against him for assault, battery, infliction of emotional distress, etc. You can bring the claim separately, or use is as a counterclaim if he sues you.... Read More

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.  However landscape irrigation is not a condition of habitability.  Your post prudently discusses provision of a 14 day notice to the Landlord (or management company) of these problems.  However responsibilty for the irrigation system is often assigned to the Tenant pursuant to the Lease Agreement.  You should have your Lease Agreement reviewed to determine whether maintenance of the irrigation system has been assigned to you under the Lease Agreement.       ... Read More

You might want to consider calling the police and telling them there may be stolen property there. Who knows, there may be a reward. Barring that, pack the stuff up, put it in a storage facility and tell your "friend," and I use that term very loosely, that if he wants his stuff, he will have to get them from the storage facility.... Read More

A certified letter will not result in a judgment that is needed to garnish wages. There had to have been a lawsuit filed and then a judgment issued. If you were not served with a lawsuit, that would be a basis to make a motion to vacate the judgment and permit you to oppose the lawsuit on its merits. If you successfully opposed the lawsuit, then you would have a right to file a malicious prosecution action against the landlord. You may wish to contact a legal aid office, to determine whether you are eligible for free legal assistance On the motion to vacate the judgment and defend. Legal it is unlikely to assist you for malicious prosecution action, should the court rule in your favor on the first lawsuit.... Read More

Unfortunately, air-conditioning is not included in the warranty of habitability. You might look through your lease to determine whether it addresses the landlords obligation regarding air conditioning. Given that air-conditioning is not typically covered under the warranty of habitability, it may be a little bit risky to exercise your right to repair and deduct, but that might be your best Angle, If you use that approach to purchase a room air conditioner and offer it to the landlord to assist other tenants with air-conditioning problems, after your unit is fixed and your rent reduced by the cost of the room air conditioner.... Read More

Yes, a tenant not on the lease can be evicted, and needs to be in order for you to regain full control of the property. Except for a mechanic lien, which can only be imposed by someone who you hire to do work on the house, a lien can not exist without a judgment first being entered. You offered to pay the person so it is unclear whether he is entitled to anything upon moving out. What is it that he wants to be compensated from? The security deposit? That is for reimbursement of the landlord for any damages created by the tenant so would not be a source of reimbursement for him.... Read More

Return and accounting for security deposits is governed in Nevada under NRS 118A.242(4).  A landlord may claim from the security deposit "only such amounts as are reasonably necessary to remedy any default of the tenant in the payment of rent, to repair damages to the premises caused by the tenant other than normal wear and to pay the reasonable costs of cleaning the premises. The landlord shall provide the tenant with an itemized written accounting of the disposition of the security. . . and return any remaining portion of the security to the tenant no later than 30 days after the termination of the tenancy by handing it to the tenant personally at the place where the rent is paid, or by mailing it to the tenant at the tenant's present address or, if that address is unknown, at the tenant's last known address." Nothing in NRS 118A.242 specifically addresses whether a Landlord can charge for its own labor under "amounts as are reasonably necessary to remedy."  However many states have stated that a Landlord does not actually incur any costs or amounts when the Landlord self-performs the work and pays no monies out of pocket. ... Read More

Landlords need to be careful as the Fair Debt Collections Practices Act has been held to apply to landlords and their collection activity.  The FDCPA has prohibitions regarding contact with debtors at their place of employment.  Discretion is probably the better part of valor regarding attempting to contact a former tenant at her place of employment unless it is the only mechanism for serving the tenant with process.... Read More