Was my landlord correct in not providing 24 hour notice before entering for repairs?

11/13/2007 - Category:Landlord Tenant - Entry of Premises - State: NV #12205

Full Question:

Today, November 13, 2007, my landlord informed my sister that he let himself into our house to check to see if something was leaking. My toilet has been leaking since we moved in which was September 1, 2007. My landlord called her after he had already let himself in the house. He did not give any 24 hour notice like it says he needs to do in our lease. It also says in our lease that our landlord can come in the house if he thinks there is an emergency or a safety issue. Our landlord has known about the sink for the past 2 months. Was my landlord in the right or was he in the wrong with what he did?

Answer:

The following are Nevada statutes:

NRS 118A.330 Landlord's access to dwelling unit.
1. A tenant shall not unreasonably withhold consent for the landlord peaceably to enter into the dwelling unit to:
(a) Inspect the premises;
(b) Make necessary or agreed repairs, decorating, alterations or improvements;
(c) Supply necessary or agreed services; or
(d) Exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, contractors or other persons with a bona fide interest in inspecting the premises.
2. The landlord may enter the dwelling unit without consent of the tenant in case of emergency.
3. The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency, the landlord shall give the tenant at least 24 hours' notice of intent to enter and may enter only at reasonable times during normal business hours unless the tenant expressly consents to shorter notice or to entry during nonbusiness hours with respect to the particular entry.
4. The landlord has no other right of access except:
(a) Pursuant to court order;
(b) Where the tenant has abandoned or surrendered the premises; or
(c) Where permitted under NRS 118A.440.
NRS 118A.440 Failure of tenant to perform basic obligations: Remedial work by landlord may be charged to tenant.
If the tenant's failure to perform basic obligations under this chapter can be remedied by repair, replacement of a damaged item or cleaning, and the tenant fails to use his best efforts to comply within 14 days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time or more promptly if conditions require in case of emergency, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit the itemized bill for the actual and reasonable cost, or the fair and reasonable value of the work. The itemized bill shall be paid as rent on the next date periodic rent is due, or if the rental agreement has terminated, may be submitted to the tenant for immediate payment or deducted from the security.
NRS 118A.500 Tenant's refusal to allow lawful access to dwelling unit; landlord's abuse of access.
1. If the tenant refuses to allow lawful access as required by the rental agreement or this chapter, the landlord may obtain injunctive relief to compel access or terminate the rental agreement. In either case the landlord may recover actual damages.
2. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case the tenant may recover actual damages.


11/13/2007 - Category: Entry of Premises - State: NV #12205

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