QUESTION
I signed a lease agreement on 5-1-12, and on 5-25-12 my bathroom ceiling and walls had filled up with water. I contacted landlord and she contacted
Asked on Aug 11th, 2012 on Landlord and Tenant Law - Nevada
More details to this question:
her insurance company and servpro was called and discovered BLACK MOLD in Master Bathrrom and Spare Bedroom walls. I asked landlord to take $100.00 off of rent since I did not have use of these two rooms, and she said no. I called a local attorney told me I did not need to come in for consult and told me to look up NRS 188A.400 on my computer and notify landlord in writing which I did, and on 6-30-12. Then on 8-10-12 I received an email from landlord saying I was in non-compliance of rental agreement and I had 30 days to make up back rent money or I would be evicted. SOMEONE HELP PLEASE ! ! !
1 ANSWER
R. Christopher Reade
Your previous counsel did a good job of advising you regarding this situation. NRS 118A.400 provides that, where there is damage or destruction of residential rental unit by fire or casualty to such extent that enjoyment of the dwelling unit is substantially impaired, you have the choice:
1. immediately vacate the premises and notify the landlord within 7 days after the casualty of your intent to cancel the Lease; or
2. vacate the part of the unit rendered unusable, and pay reduced rent in proportion to the diminution in the fair rental value of the dwelling unit or lack of use of the dwelling unit.
You cannot have deliberately or negligently caused the casualty to invoke this section. You have very strong defenses to any attempted eviction by the Landlord.
Answered on Aug 13th, 2012 at 2:15 PM