Nevada § 118A.290 - Habitability of dwelling unit; prohibition against fees or other charges for performance of repairs, maintenance tasks or other work that is duty of landlord

§ 118A.290. Habitability of dwelling unit; prohibition against fees or other charges for performance of repairs, maintenance tasks or other work that is duty of landlord

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 or her agent has refused to perform them. 4. Except as otherwise provided in subsection 5, the landlord shall not require a

tenant to pay any fee or other charge for the performance of any repairs, maintenance

tasks or other work for which the landlord has a duty under subsection 1 to perform,

including, without limitation, any fee or other charge to cover the costs of any deductible

or copayment under a policy of insurance for home protection or service contract for

the performance of any such repairs, maintenance tasks or other work. 5. The landlord may require a tenant to pay any fee or other charge for the performance

of any repairs, maintenance tasks or other work necessary for a condition caused by

the tenant's own deliberate or negligent act or omission or that of a member of his

or her household or other person on the premises with his or her consent. 6. As used in this section: (a) “ Insurance for home protection ” has the meaning ascribed to it in NRS 690B.100 . (b) “ Service contract ” has the meaning ascribed to it in NRS 690C.080 .