LAS VEGAS (KLAS) – Options for tenants dealing with problem property owners in Nevada are limited, according to a consumer rights attorney.
Nicholas Haley of Legal Aid Center of Southern Nevada said current options can be costly and result in a legal battle.
“It certainly is a challenge as far as being a tenant,” Haley told the 8 News Now Investigators.
Haley said failure by a property owner to provide essential services specified in state law as heat, air-conditioning, running water, hot water, electricity, gas, and a functioning door lock could be a basis to withhold rent.
Failure by a property owner to provide habitable conditions, meaning in compliance with health, safety, and sanitation codes may prompt a tenant to withhold rent, but the money must be deposited with justice court.
“If you’re withholding rent, the landlord is probably going to give you a non-payment notice. And nobody wants to have that. Even if you’re right, you don’t want to have to go to court and fight this and deposit rent with the court which is required. In fact, if you deposit rent with the court and you need some other housing in the interim, how are you going to pay for it? Most people can’t afford two rents at one time,” Haley said. “There are some other avenues you can pursue as well. Potentially you can rip up the lease and move on elsewhere but then you would have a fight with your landlord after that and moving is expensive in its own right so while there are options, they are all onerous in one way or another if you are a tenant.”
Haley said there needs to be an option where a tenant can seek repairs without facing a nonpayment notice or court battle.
“Maybe some system of a commissioner or some kind of simplified process that can deal specifically with these types of issues and there is certainly a lot of them,” Haley said. “This is a widespread issue in the Clark County area so I do think that some more effective means or specialty court in dealing with this would be very reliable.”
John Dudley, a tenant at Avenue 965 near UNLV, said he did not have a working toilet or hot water for weeks, and could not get answers from the property owner, Texas-based Nitya Capital. However, Dudley did not withhold rent because he did not want to face a legal battle.
“I’m paying for a place that I’m not being able to use,” Dudley told the 8 News Now Investigators.
Amanda Nelson’s family of seven did not have water service in their rental home for weeks. Nelson said she did withhold rent and then received eviction notices.
“Literally the day after Christmas, we went to court,” Nelson said.
Just hours after the 8 News Now Investigators first shared the family’s story, water service was restored. However, the court battle is expected to continue.
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