QUESTION
Can I sue my apartment complex for not fixing the air conditioner?
Asked on Jun 09th, 2012 on Landlord and Tenant Law - Nevada
More details to this question:
Our air conditioner went out yesterday while we were sleeping. When I awoke I called the office right away to let them know. They claim someone came out when we were not home, but when we did get back nothing had changed. We still have no air and it is well above 90degrees in our apartment right now. We called emergency maintenance and have heard nothing back. We have a 9 month old and a very very furry dog, this just doesn't seem safe. We may have to sleep on our porch tonight because it's just too hot inside. We just can't live in there when it is this hot! Can we sue them for not fixing this issue that even they consider an emergency? Is there any action we can take, or is this just an unfair thing that's happening to us? If any of us do need to seek medical attention because of this, can they be held accountable?
1 ANSWER
Air conditioning in Las Vegas in the summer is a definite habitability issue. NRS 118A.290 defines habitability of a dwelling unit and includes air conditioning (as long as the unit had air conditioning when leased) as a habitability issue. If the unit is thus rendered uninhabitable, you may withhold rent, and deduct the amount of rent for the days of uninhabitability from the next month's bill. In your position I would inform the landlord of that intention, along with a printout of that section of the NRS, as I suspect you'd rather have a working air conditioner than the rent rebate.
Answered on Jun 18th, 2012 at 9:10 PM