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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37836
Experience:  Attorney over 16 years, landlord 26 years
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I have intentionally withheld rent due to a ceiking in my

Customer Question

I have intentionally withheld rent due to a ceiking in my apartment that has slowly been caving in. I have asked my landlord on numerous occassiins to fix yhe ceiling and it has not been done in over 3 months. They have given me a 5 day notice and i also have MS and other serious health problems my bathroom has rust and black mold in it as well as my ceiling having black mold i have a nonstop running bathtub faucet they refuse to fix. What are my options?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Las Vegas NV
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Yes in referencevto my lease they arecrequired to fix everything when asked. We have a new management company that has tried to raise my rent as well but i am on a 12 month lease i want to move but i dont know how when im locked into this lease. Tgey have already violated it more than once
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes i justvwant to refuse payment untilbrepairs are done yet i want to move
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. 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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Have you contacted any local Code Enforcement or Housing Inspector's office and requested an inspection of your dwelling?

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Do you have the money to pay the rent before the 5 days is up?

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thanks

Barrister

Customer: replied 4 months ago.
i have the money but no i havent contacted the building inspectors or health dep. Yet
Expert:  barristerinky replied 4 months ago.

Ok, then while you do have legal grounds to defend against any eviction action under Nevada law, specifically NRS 118A.490, cited below, it would require you to actually go to court and fight the landlord and prove that they haven't kept the property in a habitable condition. But with MS and all the stress that this will cause you, it might not be a good idea healthwise to go through that.

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So you might want to just pay the rent, then call the local Code Enforcement office and request an inspection. They will come out and inspect and then cite the landlord for every single code violation that there is and force them to make all repairs to bring the property up to code or face penalties from fines up to criminal prosecution for not doing so. Further if the place is bad enough, they can condemn it as unsafe and that would allow you to move into a hotel at the landlord's expense until repairs are made.

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And on top of that, if he then tried to evict you after making repairs, that would give you legal grounds to defeat that action and counter sue him for illegal retaliation for punitive damages...

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NRS 118A.490  Actions based upon nonpayment of rent: Counterclaim by tenant; deposit of rent with court; judgment for eviction.

1.  In an action for possession based upon nonpayment of rent or in an action for rent where the tenant is in possession, the tenant may defend and counterclaim for any amount which the tenant may recover under the rental agreement, this chapter, or other applicable law. If it appears that there is money which may be due to the landlord by the tenant after the day of the hearing or if a judgment is delayed for any reason, the court shall require a tenant who remains in possession of the premises to deposit with the court a just and reasonable amount to satisfy the obligation, but not more than 1 day’s rent for each day until the new hearing date. The court shall order the tenant to pay the landlord any rent which is not in dispute and shall determine the amount due to each party. Upon the application of either party, the court, after notice and opportunity for a hearing, may for good cause release to either party all or any portion of the rent paid into court by the tenant. The court shall award the prevailing party the amount owed and shall give judgment for any other amount which is due.

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So you have a few options to pursue here depending on which way you want to go..

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thanks

Barrister