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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 100053
Experience:  Attorney
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Me and my family just moved into an apartment on the 23rd of

Customer Question

Me and my family just moved into an apartment on the 23rd of May.
Paying a prorated charge of $243.29. Total being $793.29 after pet depost and admin. fee. They said the apartment would be ready to move in. We did a walkthrough on the second day after everything was moved in. Dirty smell upon entering apartment believe from trying to clean carpets the day before move in. There are stains on the carpet throughout the apartment (pink, red, orange, purple and blue). Burn on the bedroom sink. Floorboards are curled up at the wall to where you can see the cement underneath the dust being collected inside. Phone outlet was taped over then painted. Other outlets were scratched all over and not painted. Floorboard in the kitchen was also curled up and water damage was found on the wood next to the dishwasher we suspected it was mold. Went to office to have these issues addressed and she said she put a work order in for the issues and it may take a couple days. Even with all this issues we're haveing upon just moving in and especially the suspicion on mold she said they work in the order of importance. Mold and all these issues as a new tenant was not of high importance? So it took them 2 days to look at the apartment. He painted over the water damage. Filled the lifted floors with silicone (which looks disgusting). Changed some outlet covers. And painted over ceiling in the kitchen again which collected dust underneath paint leaving clumps because he did not clean it before hand. Still no response on my request for the filthy carpets to get fixed. We have not unpacked anything because they said the would have to look at the carpet to see if they would take any action. Is there a way I can deal with this negligence? Or a way I can get our prorated charges back? I explained to them how disgusting the carpets are and how horrible the condition of the apartment was when they allowed us to move in and still today.
Thank you for reading
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation.
Let us boil down the problems with the property:
Mold
Smells funny
Stains
Dusty
Floorboards are misshapen
Anything else?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
Yes that's about right
Expert:  Ely replied 1 year ago.
Thank you.
In NV, a landlord owes a tenant what is known as a "warranty of habitability." This is a requirement to keep the property habitable, and can be found in Nevada under Nev. Rev. Stat. §118A.290 et seq.
The specific requirements are:
Effective waterproofing and weather protection of the roof and exterior walls, including windows and doors;
Plumbing facilities which conformed to applicable law and work;
Working water supply connected to disposal;
Adequate heating;
Adequate electrical system;
Adequate garbage system;
Property is clean, sanitary and reasonably free from all accumulations of debris, filth, rubbish, garbage, rodents, insects and vermin;
Floors, walls, ceilings, stairways and railings maintained in good repair;

Adequate ventilation.
The two bolded sections may apply here.
Then what can one do?
According to ***** §118A.355, the tenant may then:
-terminate the tenancy; or
-repair and deduct it from the rent; or
-simply sue in small claims court for this situation.
BEFORE one of the three are done, the tenant is required to send a landlord a written demand to fix the issues, and give reasonable time (7+ days in most cases) to fix it. IF the landlord does not, then the tenant has the right to those three choices.
Let me know if you need a sample letter.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.
Oh goodness. I knew i should have wrote a letter in the beginning. And a sample letter would be amazing! Should the letter be sent certified mail?
Expert:  Ely replied 1 year ago.
Yes, the letter should be sent certified mail.
Sample letter below:

Dear _______________:
As you know, Nevada law obligates you to keep the rented premises in good condition and livable under Nev. Rev. Stat. §118A.290 et seq. The following are pressing issues that have to be remedied immediately:
____________________________________________________________________________________________________________________________________________.
These issues are serious and and directly related to my health and safety.
Please arrange to make these repairs promptly and let us know by letter, fax, or email what arrangements you have made to get each repair done in a timely manner. If repairs are not done by ___ (date), I shall have no choice but to seek relief via other legal means afforded to me.
I do hope that this matter can be settled amicably.
Sincerely,
Signature
Name

Note that this is only an example, and is for educational purposes only. Thanks!
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
Is the stained carpets related to my health and safety?
They filled the lifted floor boards with silicone I believe. Is this right? Or should they have changed them?
Expert:  Ely replied 1 year ago.
Is the stained carpets related to my health and safety?
No.
They filled the lifted floor boards with silicone I believe. Is this right? Or should they have changed them?
They should have changed it ONLY if this affects one's health.
One's issues seem to fall mostly under:
Property is clean, sanitary and reasonably free from all accumulations of debris, filth, rubbish, garbage, rodents, insects and vermin;
Floors, walls, ceilings, stairways and railings maintained in good repair.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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