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AC problems spike as temps rise; Nevada Legal Services shares what tenants should know

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AC problems spike as temps rise; Nevada Legal Services shares what tenants should know


LAS VEGAS (FOX5) — As temperatures rise, FOX5 hears from more viewers dealing with air conditioning problems at home.

For tenants, those issues can quickly turn into questions about safety, repairs and what to do if a landlord doesn’t respond.

Nevada Legal Services said it also sees a spike in tenant complaints when it gets hotter.

Attorneys there said tenants do have rights, but warned that there are certain steps people should take — and others they should avoid — because making the wrong move in Nevada can lead to serious problems.

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‘Pretty common, especially in the summer’

John Brogden, a senior attorney with Nevada Legal Services, said air conditioning issues are one of the most frequent problems he sees when the weather heats up.

“It’s pretty common, especially in the summer. We get a lot of air conditioning issues,” Brogden said.

MORE: No AC for 24 days: Las Vegas family reaches out to FOX5 for home warranty help

Brogden said extreme heat in Southern Nevada can put extra stress on homes and apartments, making repairs a common issue this time of year.

Two key categories: habitability vs. essential services

Brogden said Nevada law generally breaks these types of problems into two categories: habitability issues and essential services issues.

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“There’s a lot of overlap in the language of the two statutes, but the way that I look at it is essential services,” Brogden said. “It’s something that, without it, that unit’s pretty much uninhabitable… like you would not want to live there.”

He said habitability issues can be problems that still affect a tenant’s ability to live safely in a unit, such as a slow leak coming through the wall.

The difference matters because it can change how a tenant should respond.

Withholding rent can be risky in Nevada

Brogden said one of the first things many people consider is withholding rent, but he warned that can be risky in Nevada.

“In which case, the landlord may or may not fix the issue and the person is out on the street for however long,” Brogden said. “The eviction process here is very quick. It’s not like California.”

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For a habitability issue, Brogden said tenants may have to wait 14 days for a landlord to make a reasonable effort to fix the problem.

And if a tenant chooses to withhold rent, Brogden said it is not as simple as just not paying.

“If it’s a habitability issue, they are required to put that money into escrow with the court,” Brogden said. “At the time they file their answer and say, ‘Hey, this is the reason I withheld my rent.’ It’s not that I just don’t want to pay my rent. So, they have to, in good faith, give that money to the court.”

Essential services: 48-hour window (excluding weekends/holidays)

When it comes to an essential service, Brogden said landlords are generally required to take a reasonable step within 48 hours — not including holidays or weekends.

Other options may include paying for certain repairs and deducting the cost from rent or, in some cases, terminating the lease — which can be complicated.

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What tenants should do first

Brogden said the first step in either case is to notify the landlord in writing, contacting them using the method outlined in the lease, if available.

He emphasized that every situation is different and whether something counts as a habitability issue or an essential services issue depends on the facts of the case.

Brogden said tenants should get legal advice — including through Nevada Legal Services — before taking action.

Nevada Legal Services warning: Don’t use AI for legal demands

Nevada Legal Services also warned tenants not to rely on AI chatbots to draft legal claims or demands to landlords.

Attorneys said they have been seeing more of that and that chatbots can misstate Nevada law, hurt a tenant’s credibility or create problems later in court.

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Court OK’s counting late-arriving mail ballots in Nevada, 29 other states

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Court OK’s counting late-arriving mail ballots in Nevada, 29 other states


LAS VEGAS (KTNV) — Nevada’s laws allowing the counting of mail-in ballots that arrive up to four days after Election Day — so long as they are postmarked by that date — is constitutional under a Monday ruling from the U.S. Supreme Court.

In a 5-4 ruling, justices upheld a challenge to a Mississippi law that’s similar to Nevada’s statute. Justice Amy Coney Barrett and Chief Justice John Roberts joined with the court’s three liberal members, Sonia Sotomayor, Elena Kagan and Katanji Brown Jackson, to uphold the law.

Conservatives Samuel Alito, Clarence Thomas, Brett Kavanaugh and Neil Gorsuch dissented.

The ruling affects 30 states, all of which allow some ballots received after Election Day to be counted. That includes Nevada, which allows ballots postmarked by Election Day to be received and counted up to four days later, and ballots without a postmark to be received and counted up to three days later.

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Plaintiffs in the case — including the Republican National Committee and the Mississippi Republican Party — had contended that federal laws referring to “elections” mean both the casting and counting of ballots, which they said must occur on Election Day.

“The federal election-day statutes do not preempt Mississippi’s law because the defining element of an ‘election’ has always been the electorate’s choice of candidate,” the case summary reads. “And a related federal statute — the Uniformed and Overseas Citizens Absentee Voting Act — confirms that while federal law dictates when ballots must be cast, state law governs when they must be received.”

In Nevada, critics have contended that late-arriving ballots erode confidence in elections, because they delay learning final election results for days and, in some close races, can change the outcome.

Gov. Joe Lombardo has called the weeklong wait for final, unofficial results “a national embarrassment.”

Plaintiffs in the case made similar arguments, but were turned away by the court: “Finally, plaintiffs policy arguments about election integrity and voter confidence are properly addressed to legislatures, not courts,” the case summary reads.

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Several attempts to require ballots to be received by Election Day have been introduced in Nevada’s Legislature, but none have been successful in the Democratically controlled body.

Secretary of State Cisco Aguilar has argued that the overwhelming majority of ballots are in and counted by Election Day, and only the closest races may be changed by late-arriving ballots. He’s advocated for more resources for county clerks and voter registrars to be able to count mail ballots more quickly.

Under the ruling, nothing will change for Nevada voters going to the polls in four months to vote in the November election. But officials still encourage voters to send in their mail ballots early, or to put them in drop boxes at voting centers during early voting or on Election Day.

Supreme Court upholds late-arriving mail ballots in Mississippi

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One dead, four hospitalized after head-on crash on I-15 in Clark County

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One dead, four hospitalized after head-on crash on I-15 in Clark County


LAS VEGAS (FOX5) — Nevada Highway Patrol responded to a two-vehicle crash on Interstate 15 near mile marker 94 Sunday evening.

The crash was reported at 6:43 p.m. on June 28.

MORE ON FOX5: Driver sustains life-threatening injuries in Las Vegas multi-vehicle crash

A passenger sedan and a pickup truck were involved in the crash. One vehicle was traveling southbound, lost control, crossed through the median, and struck the other vehicle head-on in the northbound travel lane.

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One adult male died at the scene. Two people were transported by ground ambulance, and two others were transported by life flight to a local hospital.

Road closures

All northbound I-15 travel lanes were closed at mile marker 94, but have since opened as of Sunday night.

Nevada Highway Patrol said further information will be provided following the preliminary investigation.

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Officials elevate response efforts to combat eastern Nevada wildfires

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Officials elevate response efforts to combat eastern Nevada wildfires












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