QUESTION

i lived her for 15 days and the toilet keeps getting clogged, i told them that i contiously keep plunging the toilet. they told me to call a plumber

Asked on Jan 03rd, 2013 on Landlord and Tenant Law - Nevada
More details to this question:
when we moved into the house it was a complete mess bugs and dust every where. the toilets had yellow rings and toiet paper in them. somethings were not working and were rusted so we asked them to replace. just now i was on the phone with him telling him about the toilet and he said that it was a new problem and we had to keep up with maintenance, and if we didnt understand that then it wasnt going to work... I told him i understand if i lived here after a year it would be my problem but it has only been 15 days? IS this my responsibility after only 15 days?
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1 ANSWER

R. Christopher Reade
The answer for a commercial lease is very different than that of a residential lease in the State of Nevada.  In a residential lease, the landlord must keep the property in a habitable condition.  A property is generally not habitable if it violates housing or health codes concerning the health, safety, sanitation or fitness for habitation or lacks (1) weatherproofing; (2) water supply connected to a sewage disposal system in working order (to the extent that the landlord can control the same); (3) HVAC; (4) adequate lighting and electrical services; (5) trash recepticles; (6) cleanliness and maintenance of common areas; and (7) structural elements maintained in good repair. The fact that the toilet has yellow rings and toilet paper issues is most likely not a habitability issue.  In many cases the Landlord will have you do a walkthrough a raise any habitability questions at the outset through a walkthrough list.  Nonetheless if you believe that you have a habitability issue, you should give your landlord written notice that the landlord has 14 days to remedy or make a good faith effort to remedy the problem, including your right to terminate the rental agreement if the habitability issue is not repaired or repair the problem and deduct the cost of repair from the rent.  You must give the Landlord the opportunity to repair the issues.  Furthermore the parties can agree in the Lease to require tenants to make specified repairs, maintenance tasks and minor remodeling.  Therefore the habitability remedies only apply to habitability issues and does not apply for simple repairs.  
Answered on Jan 04th, 2013 at 3:16 PM

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