LAS VEGAS (KTNV) — It's no secret that it's hot in the Las Vegas and many people are looking to for ways to stay cool.
However, a mother of two is claiming it has been hard to find relief after she said her air conditioning has not been working properly for weeks.
"The air conditioner was not working," said Ariel, who did not want to share her last name. "If people are okay living like this that's fine, but I can't do it. I can't."
She has been living at the West Edge Apartments, near Charleston Boulevard, since March. She claims her A/C has not been working since May and the temperature just keeps going up in her apartment.
"It feels humid. At some point in time, especially at nighttime, it gets to like 85 degrees in here. Occasionally, I might go to a hotel room. I've purchased multiple fans," Ariel told me.
On top of dealing with her A/C, she claims she has also been pleading with her landlord to fix her ceiling that's been leaking for weeks.
"We have also been to the ER just this last week because the ceiling fell in on us because we were changing the buckets of water because they got full," she added.
Although she said she has submitted multiple complaints with her landlord about the issues, she said maintenance workers just place a band-aid over the problem and said it's a matter of time before she has the same issues all over again.
"Might as well be outside, like, it's that bad."
I visited the leasing office on Friday to ask about Ariel's concerns.
While personnel inside the leasing office said they could not provide a statement, they said their corporate office received our questions and are working on a response.
The employee also said, "whatever is being said is actually not true" and there have "never been" A/C issues.
According to Nevada Legal Services Incorporated, your landlord has 48 hours to fix your A/C after receiving a written notice of the issue. After the 48 hours, and if your landlord has not made a good faith effort to make the repairs, you can fix it yourself and deduct the cost from next month's rent.
What are essential services?
Essential services include heat, running water, hot water, electricity, gas and a functioning door lock. Air conditioning may be considered essential if the lease requires the landlord to provide it or if the landlord actually provides it.
What do I do if my landlord is not providing a habitable unit?
You must give your landlord written notice of each problem with the unit and demanding repair. Your landlord then has 14 days to make the repairs or a good faith effort to make the repairs. If your problem is an essential service, you only need to give your landlord 48 hours notice (excluding weekends and holidays) instead of 14 days notice.
What if my landlord does not make the repairs within 14 days/48 hours?
After the time of the notice has expired, if the landlord has not made a good faith effort to make the repairs, you can:
- Repair/Get the Service & Deduct: If the costs of the repair are less than one month’s rent, you can make the repairs yourself and deduct the cost from next month’s rent after providing itemized statements of work done. This can only be used once in a 12-month period and the lease agreement can specify the person to perform the repair. NRS 118A.360. For essential services, the tenant can pay for essential items or services and deduct the actual cost from the rent. NRS 118A.380(1)(a).
- Move out: You can terminate the rental agreement and demand the remainder of the month’s rent and security deposit. NRS 118A.355.
- Recover actual damages: Keep receipts and records of the money spent as a result of the failure to keep the unit habitable. For essential services, this can include damages based on the lack of use of the premises or diminution in fair rental value of the unit. NRS 118A.355, 118A.380.
- Withhold rent: You can withhold your rent to force the landlord to comply with your request to make repairs. If your landlord tries to evict you for non-payment of rent, you must deposit the rent with the Justice Court in order to raise this as a defense to the eviction. NRS 118A.355. If your landlord makes the repairs, you may owe the full amount of your rent. If you are withholding rent for an essential service, you cannot withhold rent unless you are current on your rent. NRS 118A.380.
- Obtain substitute housing: For an essential service violation, you can move somewhere else that is comparable to your current unit while you do not have the essential service. During this time, you do not owe rent to your landlord. If the rent is more than your normal rent, and is reasonable, you can recover the difference from your landlord. NRS 118A.380(1)(d).
What if my children caused the problem?
None of this applies if the condition was caused deliberately or negligently by the tenant, a member of the tenant’s household, or a guest of the tenant. The tenant must also give the landlord necessary access to the unit to make the repairs.
Can I still do the above if I have not given my landlord written notice of the problem?
No, unless your landlord has gotten written notice from another agency responsible for violations of building, housing or health codes, such as Code Enforcement or a Housing Authority. Your landlord must receive notice in writing of the violations and the time period of that notice expire before you can take any of the above remedies.
What if I am behind in rent but want to withhold rent?
For essential services violations, you must be current with your rent in order to withhold rent. For other habitability violations, you can only withhold future rent and may be subject to eviction for past rent. Also remember that you must deposit your withheld rent with the Justice Court in order to raise habitability as a defense to any eviction.
If you are having issues with your A/C and want to learn more about your rights as a tenant, you can call Nevada Legal Services for help at (702) 386-0404. To read Nevada Landlord-Tenant Law,click here.
