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.

‘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.

“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.”

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.

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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