Summer electric bills are already stressful enough. But when the Mojave heat is at its peak and your air conditioning shuts down, it can become a life-or-death situation.

For renters facing this scenario, Legal Aid Center of Southern Nevada consumer rights attorney Jordan Savage has a few tips on how to proceed.

Put it in writing. 

Air conditioning, running water, functional electric and gas systems and working locks are all considered to be essential under Nevada law as far as landlord responsibilities are concerned. Therefore, a failure to provide air conditioning should be met with an immediate written inquiry to your landlord, Savage says. 

“Everybody—especially the elderly—should put their landlord on notice as soon as possible,” he adds. “That starts a clock where the landlord has 48 hours to use ‘best efforts’ to fix it.”

Written notification is the gold standard here. Savage says certified letters are ideal, but an email or text will also typically qualify, while a phone call may not. Savage says judges often recognize a work order as proper notice as well.

Invoke your own remedy as needed.

Once that 48-hour period is up, Savage says you have options to protect yourself that include withholding any rent that comes due during that period, staying at a hotel while your rent abates, or buying a portable AC unit and deducting the cost from your next payment. 

Again, he advises sending a follow-up notice to your landlord on what your intended remedy is.

“Keep copies as documentation, because if there is any litigation later over those issues, you’ve got proof that you followed the law,” he says.

Know your rights.

Although Savage says only a small percentage of landlords will contest his suggested solutions, that possibility is still worth prepping for. 

“If they can’t fix it and won’t pay for you to be at a hotel, you’ve certainly got damages,” Savage says. “You could do either a small claim or a lawsuit for those out-of-pocket costs, and I do think you could, at some point, terminate the lease if it continues.” –Tyler Schneider

This story is not a substitute for legal advice. For more information, visit lacsn.org.

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