More details to this question:
I will attempt to make this short and to the point. My Wife and I gave 60 days notice to our Landlord due to multiple reasons (required only 30 days per law, however we were trying to make it easier.) First and main reason for breaking the lease is due to her being unable to go up an down stairs for a good amount of time, also the house not having any handrails at the stairs. She is having hip surgery this Friday and her doctor has stated it will be very dangerous for her to navigate up and down stairs, especially with no railing to hold onto. I read that NRS¿118A.340 could possibly apply to us for this. Second. Our washer had stopped working in September. I notified them right away and after multiple attempts to have it fixed by them they said they would only cover 100$ of the 250$ fix. They have had 60 days to show the house and have not even listed it, and have not expressed plans to for atleast another month. Do I have grounds if this goes to court?
1 ANSWER
R. Christopher Reade
You have asked whether NRS 118A.340 provides you relief. This statute provides the right of tenant to terminate lease due to physical or mental disability by tenant giving the landlord 30 days' written notice within 60 days after the tenant relocates. The written notice provided to a landlord must set forth the facts which demonstrate that the tenant is entitled to terminate the lease, including reasonable verification of the condition of the tenant and why it requires the relocation of the tenant from his or her dwelling because of a need for care or treatment that cannot be provided in the dwelling.
The other statutory basis which you might consider is pursuant to NRS 118A.290 related to habitability, under which the landlord must maintain the dwelling unit in a habitable condition. A dwelling unit is not habitable if it violates provisions of housing or health codes concerning the health, safety, sanitation or fitness for habitation of the dwelling unit. Section (h) provides that "Floors, walls, ceilings, stairways and railings [must be] maintained in good repair."
Answered on Dec 16th, 2013 at 2:09 PM