Mold in a Nevada Rental: A Renter’s Guide

Found mold, a musty smell, or a leak in your apartment or rental house? Here is a practical order of operations: put it in writing, document what you see, understand what Nevada’s landlord-tenant law actually says, and know where to get help.

Start with the water, not the mold

Indoor mold is a symptom of moisture: a slow drain leak, a dripping supply line, air conditioner condensation, a roof or window leak, or a unit upstairs. EPA’s advice to renters is to report plumbing leaks and moisture problems to the owner or manager immediately, and EPA advises drying water-damaged materials within 24 to 48 hours to help prevent growth. Until the source is fixed, avoid tearing out or sanding moldy material yourself.

Report it in writing

Nevada’s remedies for habitability problems are built around written notice. Legal Aid Center of Southern Nevada puts it plainly: telling your landlord or submitting a work order is not enough, and written notice creates proof you asked for the repair.

A clear notice includes the date, your name and unit address, what you observed and where (for example, “water under the kitchen sink”), when you first noticed it, and a request that the landlord repair the condition, including the source of the moisture.

Under NRS 118A.190, written notices to the landlord “may be delivered or mailed to the place of business of the landlord designated in the rental agreement or to any place held out by the landlord as the place for the receipt of rental payments,” and they are effective from the date of delivery or mailing. Keep a copy of everything you send and proof of how and when you sent it.

Document what you see

• Dated photos and video showing both the location and close-up detail.
• A simple log of when you noticed the problem, when you reported it, and every response or visit.
• Damaged belongings, photographed before you discard anything.

What NRS 118A says

The word “mold” does not appear in Chapter 118A, Nevada’s residential landlord-tenant law. Instead, it sets a general duty to keep the home habitable.

The habitability duty

NRS 118A.290 states: “The landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition.” It says a unit is not habitable if it violates housing or health codes concerning health, safety, sanitation or fitness for habitation, or if it substantially lacks certain items. Several relate to moisture, including “effective waterproofing and weather protection of the roof and exterior walls, including windows and doors,” plumbing “maintained in good working order,” and “floors, walls, ceilings, stairways and railings maintained in good repair.” Whether a particular mold or moisture condition makes a unit uninhabitable depends on the facts; the statute does not answer that on its own.

The 14-day written notice

Under NRS 118A.355, if a landlord fails to keep the unit habitable, “the tenant shall deliver a written notice to the landlord specifying each failure” and requesting a remedy. If the landlord remedies the failure or “uses his or her best efforts to remedy the failure within 14 days after receipt of the notice,” the tenant may not proceed under that section. If the landlord does not remedy a material failure or make a reasonable effort within that time, the statute lists options that include terminating the rental agreement, recovering actual damages, applying to the court for relief, or withholding rent. Withholding has conditions: the statute says a tenant does not have a defense to an eviction on that basis “unless the tenant has deposited the withheld rent into an escrow account” established by the justice court.

These remedies do not apply to a condition caused by the tenant’s own “deliberate or negligent act or omission,” or if the landlord could not make repairs because the tenant refused lawful access.

Other sections worth reading

• NRS 118A.360 allows a tenant, after written notice and 14 days, to have certain repairs done and deduct the cost when the reasonable cost is less than “$100 or an amount equal to one month’s periodic rent, whichever amount is greater,” subject to the conditions in that section.
• NRS 118A.380 covers essential items and services, including air-conditioning and running water, with a 48-hour period after written notice that excludes “a Saturday, Sunday or legal holiday.”
• NRS 118A.330 requires the landlord to give “at least 24 hours’ notice of intent to enter” except in an emergency, and says a tenant shall not unreasonably withhold consent for entry to inspect or make repairs.
• NRS 118A.510 prohibits certain retaliation, for example after a tenant complains in good faith to a code enforcement agency.

Chapter 118A does not apply to every living arrangement; NRS 118A.180 lists exceptions, including some public housing programs and rentals governed by Chapter 118B.

Health concerns

According to the CDC, exposure to damp and moldy environments may cause a variety of health effects, or none at all. Some people experience a stuffy nose, sore throat, coughing or wheezing, burning eyes, or skin rash, and people with asthma or mold allergies may react more severely. If anyone in your household has symptoms, talk with a physician.

When independent testing may help

Testing is not always needed. The CDC does not recommend routine mold testing, and EPA says that when mold is visible, sampling is usually unnecessary: the fix is to clean it up and correct the moisture. An independent inspection or testing can still be useful when:

• There is a persistent musty odor or water history but no visible growth.
• You want a neutral, written record of conditions and moisture readings.
• Repairs were made and you want to know whether the area is now dry and comparable to unaffected rooms.

Vegas Mold Pro inspects and tests only; we do not remediate, so we have no stake in the repair. We can’t advise you on your legal rights, and a report does not decide a dispute. See mold testing and how to read a mold lab report.

Where to get help

• Civil Law Self-Help Center: run by the nonprofit Legal Aid Center of Southern Nevada under a contract with Clark County, with self-help information on habitability.
• Nevada Legal Services: statewide civil legal aid with an office in Las Vegas and an online intake application.
• Local code enforcement: the City of Las Vegas says its Housing Code sets minimum standards for residential units and that, after a complaint, it performs interior inspections on rental properties. Elsewhere in the valley, ask your city or Clark County what it inspects. Under NRS 118A.355, written notice from a government agency that inspects for housing or health code violations can affect certain remedies.

See also our mold FAQ and the property manager’s guide.

Moving out? See mold, move-out, and security deposits in Nevada.

Sources

• NRS Chapter 118A, Landlord and Tenant: Dwellings — Nevada Legislature
• A Brief Guide to Mold, Moisture and Your Home — U.S. EPA
• Mold Testing or Sampling — U.S. EPA
• About Mold and Health — CDC
• A Step-by-Step Guide to Complaining to Your Landlord — Legal Aid Center of Southern Nevada
• Habitability and Essential Services — Civil Law Self-Help Center
• Habitability and Essential Services — Nevada Legal Services
• Code Enforcement Common Violations — City of Las Vegas