Housing · Warranty of habitability
Warranty of Habitability in Nevada
What a landlord in Nevada must keep livable, and your remedy when they do not: whether you can withhold or escrow rent, or must use another route. This is the landlord duty behind the repair-and-deduct remedy. Cited to the statute.
What the warranty of habitability covers in Nevada
What the landlord must maintain, whether you can withhold or escrow rent, and the limits on the remedy.
| What the law says | What it means |
|---|---|
| Landlord must maintain a habitable unit | NRS 118A.290 says the landlord shall at all times during the tenancy keep the dwelling unit habitable. The unit fails that test if it violates health or housing codes or substantially lacks any listed feature, so the tenant proves an absence rather than a failure to act. |
| The statutory list of features | The list includes effective waterproofing and weather protection, plumbing in good working order, a water supply able to produce hot and cold running water connected to approved sewage disposal, adequate heating facilities, safe electrical wiring, clean and pest-free grounds and common areas, floors and stairways in good repair, and any ventilating or air-conditioning that was supplied kept in good repair. |
| Repair-and-deduct after notice | Under NRS 118A.350 the tenant gives written notice describing the problem and the landlord has 14 days to remedy it or use best efforts. If the landlord does not, NRS 118A.360 lets the tenant repair the condition and deduct the cost, up to the greater of 100 dollars or one month’s rent, which is also the ceiling over any 12-month period. |
| Where it does not apply | What it means |
|---|---|
| Tenant-caused conditions | The duty does not cover a condition the tenant caused. NRS 118A.290 lets the parties agree in good faith that the tenant will do specified repairs, but that agreement cannot diminish the landlord’s duties to other tenants and is not in good faith if the landlord already owed the repair and the tenant only agreed because the landlord refused to do it. |
| No duty to supply or install cooling | Nevada only requires that an air-conditioning unit already supplied be maintained in good repair. There is no duty to install cooling and no duty to run it at any temperature, even though Nevada is one of the hottest states. |
| Heating facilities, not a heat supply | The statute requires adequate heating facilities that were code-compliant when installed and are kept in good working order. It requires the equipment to exist and work rather than setting a temperature the landlord must deliver. |
What you can do right now
Concrete, neutral steps when a rental in Nevada is not being kept livable. This is legal information, not legal advice.
- Give written notice of the condition
Describe each problem in writing, date it, and keep a copy. Under NRS 118A.350 this starts the landlord’s 14-day window to remedy the condition or use best efforts to do so.
- Document everything
Take photos or video, save messages with the landlord, and keep any code or health inspection reports. If you later repair and deduct or go to court, this record shows the unit substantially lacked a listed feature.
- Use repair-and-deduct within the limit
If 14 days pass without a fix, NRS 118A.360 lets you repair the condition and deduct the cost, capped at the greater of 100 dollars or one month’s rent, which is also the most you can deduct in any 12-month period.
- Get Nevada tenant help
For advice before you withhold or deduct, the Civil Law Self-Help Center and Nevada Legal Services explain how the notice and repair-and-deduct rules work in practice.
Withholding rent the wrong way can risk eviction, so a legal aid office can confirm the exact notice and escrow steps before you stop paying.
→ Nevada Civil Law Self-Help CenterThis is general legal information, not legal advice. The notice, the escrow account, and what counts as uninhabitable all matter, so confirm your situation against the statute before withholding rent.
What renters in Nevada get wrong about habitability
Nevada writes its warranty of habitability as a checklist. NRS 118A.290 says a landlord must keep a rental habitable at all times, and a unit fails that test if it breaks health or housing codes or "substantially lacks" any feature on a list that runs from weatherproofing and plumbing to hot and cold water, working heating facilities, safe wiring, and pest-free grounds. Because the test is framed around what is missing, a tenant proves an absence rather than a failure to act. The striking gap is cooling. Nevada is among the hottest states in the country, yet the statute only requires that an air conditioner already supplied be kept in good repair. There is no duty to install cooling and no duty to run it at any temperature, which is a sharp contrast with neighboring Arizona. Heat is treated the same way: the landlord must keep adequate heating facilities working, but the statute sets no temperature the landlord must actually deliver. The remedy is repair-and-deduct under NRS 118A.360, capped at the greater of 100 dollars or one month’s rent, and the duty cannot be waived because NRS 118A.220 voids any lease term that gives it up.
Common questions
Does Nevada have a warranty of habitability?
Yes. NRS 118A.290 requires a landlord to keep a dwelling unit habitable at all times. The unit is not habitable if it breaks health or housing codes or substantially lacks listed features such as weatherproofing, plumbing, hot and cold water, working heating facilities, and safe wiring.
Does my Nevada landlord have to provide air conditioning?
No. Nevada only requires that air conditioning already supplied be maintained in good repair. There is no duty to install cooling and no duty to run it at any temperature, even though Nevada is one of the hottest states.
How long does my landlord have to fix a problem in Nevada?
After you give written notice under NRS 118A.350, the landlord has 14 days to remedy the condition or use best efforts to do so. If the landlord does not, you may repair and deduct under NRS 118A.360.
How much can I deduct for a repair in Nevada?
Under NRS 118A.360 you can repair the condition and deduct the cost, up to the greater of 100 dollars or one month’s rent. That figure is also the ceiling on what you can deduct across any 12-month period.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.