Las Vegas, Nev. — Residents coping with soaring temperatures in Las Vegas are grappling with the additional headache of malfunctioning air conditioning units in rental properties, sparking a debate on tenants’ rights and landlords’ responsibilities under Nevada law.
A Las Vegas local, who referred to herself only as Kim, experienced persistent issues with her air conditioning since moving into her apartment at the Cape Cod complex in April. Despite her efforts to keep her home cool, inside temperatures climbed to a sweltering 97 degrees Fahrenheit, significantly higher than the 74 degrees she set on her thermostat.
Frustrated with the ineffective cooling system, Kim contacted her property management multiple times. Maintenance workers were dispatched, yet none of the repairs led to any substantial improvement. Eventually, her call for help reached a local news outlet, which brought wider attention to her plight.
Only after media intervention was Kim’s air conditioning unit completely replaced. However, the victory was bittersweet as she faced a new issue: an exorbitant energy bill of $700 for two months, which she attributes to the continuously running faulty air conditioner.
When approached for comment, the management company maintained that the financial aspects of the energy bill were a private issue between the tenant and the management, declining further details.
Legal experts emphasize that air conditioning is categorized as an “essential service” under Nevada state law, obliging landlords to ensure the functionality of such units. Housing rights attorney Harrison Bohn stressed the importance of tenants understanding their rights and the necessary steps to address grievances involving essential services.
Bohn outlined a few critical steps tenants should take if facing similar issues. First, a written notice should be sent to the landlord documenting the issues and repairs requested. This documentation is crucial, especially if the dispute escalates to court. If the landlord fails to act within 48 hours, excluding weekends and holidays, tenants may have to consider paying for repairs themselves and deducting costs from rental payments, seeking alternative accommodations, or in extreme cases, withholding rent.
However, withholding rent comes with its risks. If pursued legally by the landlord, tenants find themselves having to justify their actions in court. Bohn suggests that any withheld rent be paid directly to the court as a demonstration of good faith, showing that the dispute is not about an inability to pay but rather living in a habitable environment.
In Nevada, this issue is far from isolated. Legal Aid Center of Southern Nevada often encounters tenants facing similar difficulties, urging them to seek legal advice when navigating these challenging situations. Warranty of habitability laws ensure that tenants have safe and livable housing and provide recourse for tenants when conditions fail to meet basic standards.
For residents facing similar issues, understanding state law and actively communicating with landlords can be key in resolving disputes effectively. Tenants are encouraged to reach out to local legal aid organizations that offer resources and guidance on how to handle disputes related to essential services like air conditioning.