The question of who pays for certain utilities is a basic feature of any lease agreement, and making sure that the different utilities services are established as the tenancy begins is a necessary detail with the move-in process. All of LeaseRunner’s residential leases allow for specific language indicating which party, landlord or tenant, is responsible for each utility service. The party responsible for the utility service is then obligated to get the service connected with the utility and having the service billed in their name.
When a required service is not provided
With certain utilities meant to be provided by the landlord the tenant has specific remedies if the service is not provided. Either by law or according to the rental agreement the landlord may be responsible for supplying heat, air-conditioning, running water, hot water, electricity, gas, a functioning door lock, or another essential item or service. NRS 118A.380 addresses the situation where the landlord breaches his responsibility by willfully or negligently failing to provide the utility. In that case, according to the statute the tenant must give written notice to the landlord specifying the breach. The landlord has 48 hours to remedy the breach, or use best efforts to remedy the breach. If Landlord fails to do so within that time frame the tenant has can choose one of the following four options as a remedy:
- Procure reasonable amounts of the essential items or services during landlord’s noncompliance and deduct the actual and reasonable cost from the rent.
- Recover actual damages, including damages based upon the lack of use of the premises or the diminution of the fair rental value of the premises.
- Withhold any rent that comes due during landlord’s noncompliance without incurring late fees, charges for notice or any other charge or fee authorized by the agreement or by law, until landlord has attempted in good faith to restore the essential items or services.
- Obtain housing which is comparable during landlord’s noncompliance, and the rent for the original premises fully abates during this period. Tenant may recover the actual and reasonable cost of that other housing which is in excess of the amount of rent which is abated.
