QUESTION
If landlord did not replace the AC as stated in the lease, is this grounds for lease to be voided?
Asked on Jul 11th, 2013 on Landlord and Tenant Law - Nevada
More details to this question:
My lease stated that the landlord had to replace an AC in the house within 10 days of us moving in. This did not happen. Is this grounds for the lease to be voided? Could the landlord use this option? Can the Tenants?
2 ANSWERS
Depending how important the A/C is [a rental unit in the desert needs it more than one on the coastline], failure to supply it could go to the central basis of the contract [heart of the matter] and be sufficient to be considered a significant breach of the contract. The party breaching, the landlord, can not use his failure to supply the A/C to get out of the contract.
Answered on Jul 14th, 2013 at 9:14 PM
Yes, it seems that the landlord has breached the terms of the lease. In Nevada, the tenant would have sufficient grounds to (i) give notice of intent to leave due to nonhabitability or (ii) pay to replace the AC and deduct the costs from rent.
Answered on Jul 11th, 2013 at 4:44 PM