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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33737
Experience:  Attorney for over 15 years, landlord 26 years
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I moved into a rental property 4-1-2016, the property is

Customer Question

I moved into a rental property 4-1-2016, the property is managed by a management company. I have had outstanding work orders for approximately 2 months now. Ranging from pool repairs, pigeons, leaky windows, to the water connection for the refrigerator needing repair.
i can not get these issues resolved. I have called once a week for 2 months and have not gotten any assistance. June 1st the office advised me that the owner was given a 3 day notice that they were required to respond to. To date I have not been contacted or updated. I called today and was told that they would call me back.
Are there laws regarding time lines and repairs?
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Can you tell me what state you are in?

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Have you put your repair requests in writing to the landlord?

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thanks

Barrister

Customer: replied 5 months ago.
I live in Nevada. The property management company has a portal that you submit work orders.
Expert:  barristerinky replied 5 months ago.

Ok, is there anything that would make the property uninhabitable, like mold, electrical problems, sewer back ups, etc. or are these problems that are annoying, but don't make the property unlivable?

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thanks

Barrister

Customer: replied 5 months ago.
Pigeons are concidered vermon, feces everywhere, this is a health hazard. Everything else is annoying.
Expert:  barristerinky replied 5 months ago.

Ok, if the pigeons are actually getting into the property and doing their business, then that could rise to the level of making the property uninhabitable since they carry many diseases. But if they are outside, then that is something that the landlord wouldn't be responsible for unless they were roosting on the exterior of the property. You can call Code Enforcement or the Housing Inspector to come out and inspect the property for violations and they can then cite the owner to force them to make repairs or abate any nuisances.

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Nevada does have "repair and deduct" laws that allow a tenant to pay for repairs and then deduct from the rent, but they must be serious problems that affect the habitability of the unit. NRS 118A.360 The tenant has to notify the landlord of the problems in writing and give them 14 days to cure them and state if they do not, then they will exercise their rights under the statute to repair and deduct.

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This is the statute:

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NRS 118A.360  Failure of landlord to comply with rental agreement or maintain dwelling unit in habitable condition where cost of compliance less than specified amount.

1.  If the landlord fails to comply with the rental agreement or his or her obligation to maintain the dwelling unit in a habitable condition as required by this chapter, and the reasonable cost of compliance or repair is less than $100 or an amount equal to one month’s periodic rent, whichever amount is greater, the tenant may recover damages for the breach or notify the landlord of the tenant’s intention to correct the condition at the landlord’s expense. If the landlord fails to use his or her best efforts to comply within 14 days after being notified by the tenant in writing or more promptly if conditions require in case of emergency, the tenant may cause the work to be done in a workmanlike manner and after submitting to the landlord an itemized statement, the tenant may deduct from his or her rent the actual and reasonable cost or the fair or reasonable value of the work, not exceeding the amount specified in this subsection.

2.  The landlord may specify in the rental agreement or otherwise that work done under this section and NRS 118A.380 must be performed by a named person or firm or class of persons or firms qualified to do the work and the tenant must comply with the specifications. If the person qualified to do the work is unavailable or unable to perform the repairs the tenant shall use another qualified person who performs repairs.

3.  A tenant may not repair at the landlord’s expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s household or other person on the premises with his or her consent.

4.  The landlord’s liability under this section is limited to $100 or an amount equal to one month’s periodic rent, whichever amount is greater, within any 12-month period.

5.  A tenant may not proceed under this section unless the tenant has given notice to the landlord that the dwelling is not in a habitable condition as required by this chapter.

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So I would suggest that you send the management company a written letter, not something on a website, stating all the issues and problems. Send it certified mail so you have proof and say you are giving them 14 days to fix things or you will pay to have the problems fixed and deduct it from the rent as allowed under NRS 118A.360..

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That should scare them enough into making the repairs so you won't have to.

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thanks

Barrister

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