LAS VEGAS (KTNV) — Charred wood and boarded-up windows and doors are what's left after a July 1 fire burned through several units at the Park Hacienda Apartments.
One woman told Channel 13 — more than a week later — she's still without a permanent home.
“I stayed in my friend's RV that had no air conditioning for about 24 hours," said Cathy Patterson who was displaced by the fire.
Since then, Patterson who just had knee replacement surgery, is having to stay with another friend, along with her dog and cat.
“It’s not very ideal because it’s just a lot of people in a small space with this heat, it’s really unbearable," Patterson said.
The county condemned six apartment units inside one building after the fire, including Patterson's.
What does that mean for her and more than 100 other people who have been displaced after rental property fires this month? Is the landlord obligated to provide them a place to stay?
I reached out to the Legal Aid Center of Southern Nevada to get answers for you.
“This is covered by the tenant-landlord law in Nevada," said Legal Aid Center Consumer Rights Attorney Nicholas Haley.
“Both parties may terminate the lease, that part is very clear," Haley said.
He said doesn't know the specifics about the contracts in this case, but said according to state law, as long as the tenant didn't cause the fire — but it did enough damage to make the unit unlivable — they can break the lease if they choose.
In which case, the landlord would just have to pay back the security deposit and any prepaid rent. Patterson did not say if she'd chosen that option.
Here's the law:
NRS 118A.400 Damage or destruction of dwelling unit by fire or casualty.
1. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the landlord may terminate the rental agreement and the tenant may, in addition to any other remedy:
(a) Immediately vacate the premises and notify the landlord within 7 days thereafter of the tenant’s intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating.
(b) If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant’s liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit or lack of use of the dwelling unit.
2. If the rental agreement is terminated, the landlord shall return all prepaid rent and any security deposit recoverable under this chapter. Accounting for rent in the event of termination or such continued occupancy shall be made as of the date the premises were vacated.
3. This section does not apply if it is determined that the fire or casualty were caused by deliberate or negligent acts of the tenant, a member of his or her household or other person on the premises with his or her consent.
“Whether or not there is some sort of contractional obligation, one can explore that," Haley said.
He said landlords only have to provide housing if it's agreed on in the contract.
Despite that, tenants at apartments that had fires this month said landlords housed displaced tenants for a charge, including this complex.
The manager at this property told Channel 13, they had five open units they made available and filled with tenants impacted by the fire.
The issue faced was that they only had five available, but six condemned units.
Patterson told Channel 13 she wasn't able to get one of the units but is hoping to figure out a more permanent residence soon.
“It should be common decency law, I would think," Patterson said.
Channel 13 reached out to the manager and landlord for further comment but haven't received a message back as of Wednesday night.
However, the manager of the property did tell Channel 13 they have yet to receive the breakdown of how the fire started, but the manager said NV Energy removed the meters and cut power to the condemned building shortly after the fire.
