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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36215
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am leasing a house in. There has been several problems in

Customer Question

I am leasing a house in Henderson. There has been several problems in the house which have been major inconveniences for me. The first one being I lost electricity in the kitchen. I travel so when I came back home three days later the food in the refrigerator was spoiled and I had to throw a bunch of it away; it took three more days before it was repaired so I was without a refrigerator for five days. Then the water heater downstairs broke and I had no hot water downstairs for three weeks. I had out of town guest coming to visit. I finally paid for the water heater because they were refusing to install or bring one because it had not been paid for so I finally paid for it and took it out of my rent. Then NV Energy showed up and said that an alarm had gone off at their office and when they checked the fuse box outside I was told that I was lucky that the house didn't burn down from an electrical fire because the box was old and burnt and needed to be replaced. My electricity was cut off for half a day. I work at home on my computer! Now the refrigerator is broken and I have had no refrigerator for one week. I've lost food again and can't even enjoy a cold glass of water. What are my rights. I pay $2200 a month for this crap and there are other problems in this house. I should know I've been here for seven months now! I need advice on whether I can get out of here and not tarnish my record or ability to go somewhere else. Thanks! June Williams
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Henderson, Nevada
JA: Has anything been filed or reported?
Customer: I have sent the owners emails and text messages but haven't legally filed anything.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That the owner passed away several months ago and that her five children are arguing over her estate and mainly this house.
Submitted: 6 months ago.
Category: Legal
Expert:  Barrister replied 6 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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I am sorry to hear you are having so many problems with the tenancy...

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Is the fridge the only remaining problem that hasn't been fixed yet?

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Have all the electrical and plumbing problems been fixed/updated?

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thanks

Barrister

Customer: replied 6 months ago.
The refrigerator is the only thing needing to be fixed at this time. The electrical and plumbing problems have been fixed.
Expert:  Barrister replied 6 months ago.

Ok, unfortunately, if the other major problems have been repaired, then that wouldn't make the property uninhabitable so as to give you legal grounds to terminate the lease. If you have moved out when the water heater was broken then that would have made the property uninhabitable and given you legal grounds to break the lease.

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But if you waited until after they fixed it, you can still sue them for a retroactive reduction in rent for the diminished value of the property during all the problems, but you couldn't' terminate. There has to be a severe problem that the landlord doesn't fix within a reasonable time in order to give you a legal reason to terminate and vacate.

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If you have notified the landlord about the fridge and he hasn't had someone out within 24-48 hours to repair or replace it, then you would be within your rights to call a repair service and then deduct it from the rent. But no fridge is not something that would make the property uninhabitable... It is a pain, to be sure, but it doesn't make the place liveable like no hot water, electricity, sewer back ups, no heat, or mold would..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister