Does my landlord have an obligation to supply heat during the winter?

Full Question:

My landlord and I do not have a written lease agreement first of all, but it is currently between 30 and 45 degrees where I live during the day and between 10 and 30 degrees aat night, and we have no sufficient heat source, we use our cook stove for heat and a little oil filled heater in our childrens room, which has no insulation. Our landlord has been promising us a reliable sufficient heat source for 2 months and has not come through. Do we have any rights concerning this matter?
11/27/2007   |   Category: Landlord Ten... ยป Uniform Resi...   |   State: Nevada   |   #12907

Answer:

The following are Nevada statutes:

Sec. 4. NRS 118A.290 is hereby amended to read as follows:

118A.290

1. The landlord shall at all times during the tenancy maintain
the dwelling unit in a habitable condition. A dwelling unit is not
habitable if it violates provisions of housing or health codes concerning
the health, safety, sanitation or fitness for habitation of the dwelling
unit or if it substantially lacks:

(a) Effective waterproofing and weather protection of the roof and
exterior walls, including windows and doors.

(b) Plumbing facilities which conformed to applicable law when installed
and which are maintained in good working order.

(c) A water supply approved under applicable law, which is:

(1) Under the control of the tenant or landlord and is capable of
producing hot and cold running water;

(2) Furnished to appropriate fixtures; and

(3) Connected to a sewage disposal system approved under applicable law
and maintained in good working order to the extent that the system can be
controlled by the landlord.

(d) Adequate heating facilities which conformed to applicable law when
installed and are maintained in good working order.

(e) Electrical lighting, outlets, wiring and electrical equipment which
conformed to applicable law when installed and are maintained in good
working order.

(f) An adequate number of appropriate receptacles for garbage and rubbish
in clean condition and good repair at the commencement of the tenancy. The
landlord shall arrange for the removal of garbage and rubbish from the
premises unless the parties by written agreement provide otherwise.

(g) Building, grounds, appurtenances and all other areas under the
landlord's control at the time of the commencement of the tenancy in every
part clean, sanitary and reasonably free from all accumulations of debris,
filth, rubbish, garbage, rodents, insects and vermin.

(h) Floors, walls, ceilings, stairways and railings maintained in good
repair.

(i) Ventilating, air-conditioning and other facilities and appliances,
including elevators, maintained in good repair if supplied or required to
be supplied by the landlord.

2. The landlord and tenant may agree that the tenant is to perform
specified repairs, maintenance tasks and minor remodeling only if:

(a) The agreement of the parties is entered into in good faith; and

(b) The agreement does not diminish the obligations of the landlord to
other tenants in the premises.

3. An agreement pursuant to subsection 2 is not entered into in good
faith if the landlord has a duty under subsection 1 to perform the
specified repairs, maintenance tasks or minor remodeling and the tenant
enters into the agreement because the landlord or his agent has refused
to perform them.

118A.350

1. Except as otherwise provided in this chapter, if the
landlord fails to comply with the rental agreement,
the tenant shall deliver a written notice to the landlord specifying the
acts and omissions constituting the breach and stating that the rental
agreement will terminate as provided in this section. If the breach is
remediable and the landlord adequately remedies the breach or uses his
best efforts to remedy the breach within 14 days after receipt of the
notice, the rental agreement does not terminate by reason of the breach.
If the landlord fails to remedy the breach or make a reasonable effort to
do so within the prescribed time, the tenant may:

(a) Terminate the rental agreement immediately.

(b) Recover actual damages.

(c) Apply to the court for such relief as the court deems proper under
the circumstances.

2. The tenant may not terminate the rental agreement for a condition
caused by his own deliberate or negligent act or omission or that of a
member of his household or other person on the premises with his
consent.

3. If the rental agreement is terminated, the landlord shall return all
prepaid rent and security recoverable by the tenant under this chapter.

4. A tenant may not proceed under this section unless he has given
notice as required by subsection 1, except that the tenant may, without
giving that notice, recover damages under paragraph (b) of subsection 1
if the landlord:

(a) Admits to the court that he had knowledge of the condition
constituting the breach; or

(b) Has received written notice of that condition from a governmental
agency authorized to inspect for violations of building, housing or health
codes.

NRS 118A.360 Failure of landlord to comply with rental agreement or
maintain dwelling unit in habitable condition where cost of compliance
less than specified amount.

1. If the landlord fails to comply with the rental agreement or his
obligation to maintain the dwelling unit in a habitable condition as
required by this chapter, and the reasonable cost of compliance or repair
is less than $100 or an amount equal to one month's periodic rent,
whichever amount is greater, the tenant may recover damages for the
breach or notify the landlord of the tenant's intention to correct the
condition at the landlord's expense. If the landlord fails to use his
best efforts to comply within 14 days after being notified by the tenant
in writing or more promptly if conditions require in case of emergency,
the tenant may cause the work to be done in a workmanlike manner and
after submitting to the landlord an itemized statement, the tenant may
deduct from his rent the actual and reasonable cost or the fair or
reasonable value of the work, not exceeding the amount specified in this
subsection.

2. The landlord may specify in the rental agreement or otherwise that
work done under this section and NRS 118A.380 must be performed by a
named person or firm or class of persons or firms qualified to do the
work and the tenant must comply with the specifications. If the person
qualified to do the work is unavailable or unable to perform the repairs
the tenant shall use another qualified repairman.

3. A tenant may not repair at the landlord's expense if the condition
was caused by the deliberate or negligent act or omission of the tenant,
a member of his household or other person on the premises with his
consent.

4. The landlord's liability under this section is limited to $100 or an
amount equal to one month's periodic rent, whichever amount is greater,
within any 12-month period.

5. A tenant may not proceed under this section unless he has given
notice to the landlord that the dwelling is not in a habitable condition
as required by this chapter.

118A.380

1. If the landlord is required by the rental agreement or this
chapter to supply heat, air-conditioning, running water, hot water,
electricity, gas, or another essential service and he willfully or
negligently fails to do so, causing the premises to become unfit for
habitation, the tenant shall give written notice to the landlord
specifying the breach. If the landlord does not adequately remedy the
breach, or use his best efforts to remedy the breach within 48 hours,
except a Saturday, Sunday or legal holiday, after it is received by the
landlord, the tenant may, in addition to any other remedy:

(a) Procure reasonable amounts of such essential services during the
landlord's noncompliance and deduct their actual and reasonable cost from
the rent;

(b) Recover actual damages, including damages based upon the lack of use
of the premises or the diminution of the fair rental value of the dwelling
unit;

(c) Withhold any rent that becomes due during the landlord's
noncompliance without incurring late fees, charges for notice or any
other charge or fee authorized by this chapter or the rental agreement,
until the landlord has attempted in good faith to restore the essential
services; or

(d) Procure other housing which is comparable during the landlord's
noncompliance, and the rent for the original premises fully abates during
this period. The tenant may recover the actual and reasonable cost of
that other housing which is in excess of the amount of rent which is
abated.

2. If the tenant proceeds under this section, he may not proceed under
NRS 118A.350 and 118A.360 as to that breach.

3. The rights of the tenant under this section do not arise until he
has given written notice as required by subsection 1, except that the
tenant may, without having given that notice:

(a) Recover damages as authorized under paragraph (b) of subsection 1
if the landlord:

(1) Admits to the court that he had knowledge of the lack of such
essential services; or

(2) Has received written notice of the uninhabitable condition
caused by such a lack from a governmental agency authorized to inspect
for violations of building, housing or health codes.

(b) Withhold rent under paragraph (c) of subsection 1 if the landlord:

(1) Has received written notice of the condition constituting the
breach from a governmental agency authorized to inspect for violations of
building, housing or health codes; and

(2) Fails to remedy or attempt in good faith to remedy the breach
within the time prescribed in the written notice of that condition from the
governmental agency.

4. The rights of the tenant under paragraph (c) of subsection 1 do not
arise unless the tenant is current in the payment of rent at the time of
giving written notice pursuant to subsection 1.

5. If such a condition was caused by the deliberate or negligent act or
omission of the tenant, a member of his household or other person on the
premises with his consent, the tenant has no rights under this section.

NRS 118A.390 Unlawful removal or exclusion of tenant or willful
interruption of essential services; procedure for expedited relief.

1. If the landlord unlawfully removes the tenant from the premises or
excludes the tenant by blocking or attempting to block his entry upon the
premises or willfully interrupts or causes or permits the interruption of
any essential service required by the rental agreement or this chapter,
the tenant may recover immediate possession pursuant to subsection 4,
proceed under NRS 118A.380 or terminate the rental agreement and, in
addition to any other remedy, recover his actual damages, receive an
amount not greater than $1,000 to be fixed by the court, or both.

2. In determining the amount, if any, to be awarded under subsection
1, the court shall consider:

(a) Whether the landlord acted in good faith;

(b) The course of conduct between the landlord and the tenant;
and

(c) The degree of harm to the tenant caused by the landlord's conduct.

3. If the rental agreement is terminated pursuant to subsection 1, the
landlord shall return all prepaid rent and security recoverable under
this chapter.

4. Except as otherwise provided in subsection 5, the tenant may recover
immediate possession of the premises from the landlord by filing a
verified complaint for expedited relief for the unlawful removal or
exclusion of the tenant from the premises or the willful interruption of
essential services.

5. A verified complaint for expedited relief:

(a) Must be filed with the court within 5 judicial days after the date
of the unlawful act by the landlord, and the verified complaint must be
dismissed if it is not timely filed. If the verified complaint for
expedited relief is dismissed pursuant to this paragraph, the tenant
retains the right to pursue all other available remedies against the
landlord.

(b) May not be filed with the court if an action for summary eviction
or unlawful detainer is already pending between the landlord and tenant,
but the tenant may seek similar relief before the judge presiding over
the pending action.

6. The court shall conduct a hearing on the verified complaint for
expedited relief within 3 judicial days after the filing of the verified
complaint for expedited relief. Before or at the scheduled hearing, the
tenant must provide proof that the landlord has been properly served with
a copy of the verified complaint for expedited relief. Upon the hearing,
if it is determined that the landlord has violated any of the provisions
of subsection 1, the court may:

(a) Order the landlord to restore to the tenant the premises or
essential services, or both;

(b) Award damages pursuant to subsection 1; and

(c) Enjoin the landlord from violating the provisions of subsection 1
and, if the circumstances so warrant, hold the landlord in contempt of
court.

7. The payment of all costs and official fees must be deferred for any
tenant who files a verified complaint for expedited relief. After any
hearing and not later than final disposition of the filing or order, the
court shall assess the costs and fees against the party that does not
prevail, except that the court may reduce them or waive them, as justice
may require.

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