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Overview
Nevada does not have standalone mold-specific legislation. However, the state provides robust tenant protections through NRS Chapter 118A (Landlord and Tenant: Dwellings), which establishes an implied warranty of habitability. Landlords must maintain rental properties in habitable condition, and while mold is not explicitly mentioned in state statutes, courts have interpreted habitability requirements to include addressing mold conditions that pose health or safety hazards. Nevada tenants have access to several remedies including rent withholding, repair and deduct, and lease termination when landlords fail to maintain habitable conditions. [Nevada Revised Statutes Chapter 118A - Landlord and Tenant: Dwellings]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
Nevada tenants have a statutory right to a dwelling unit that meets habitability standards under NRS 118A.290. This includes effective waterproofing, functioning plumbing and water supply, adequate heating, proper electrical systems, and freedom from conditions that violate health or safety codes. Mold conditions that affect health or safety fall under these habitability protections.
Right to Request Repairs with 14-Day Notice
Under NRS 118A.355, tenants who identify habitability violations must deliver written notice to the landlord specifying each failure and requesting remediation. The landlord has 14 days to remedy the failure or use best efforts to remedy it. If the landlord fails to act within 14 days, the tenant may pursue additional remedies including lease termination, damages, or rent withholding.
Landlord Responsibilities
Maintain Habitable Conditions
Landlords must maintain rental units in habitable condition at all times during the tenancy. This includes ensuring effective waterproofing, proper plumbing, adequate water supply, heating, electrical systems, and compliance with all applicable housing, health, and safety codes. While mold is not explicitly listed, conditions that create health hazards (including mold from moisture intrusion) fall under habitability requirements.
Deliver Premises in Habitable Condition
At the commencement of the rental term, landlords must deliver possession of the premises to the tenant in compliance with the rental agreement and in habitable condition as required by NRS Chapter 118A.
Remedies Available to Tenants
Rent Withholding
Available: Under NRS 118A.355, tenants may withhold rent if the landlord fails to maintain the dwelling in habitable condition, provided the tenant has given proper written notice and the landlord has not remedied the issue within 14 days. The tenant must be current on rent at the time of giving notice. For essential services failures (NRS 118A.380), tenants may withhold rent without incurring late fees until the landlord attempts in good faith to remedy the situation. Tenants cannot withhold rent if the condition was caused by their own deliberate or negligent act.
Repair and Deduct
Available: Under NRS 118A.360, if the landlord fails to comply with habitability requirements and the reasonable cost of compliance or repair is less than $100 or one month's rent (whichever is greater), the tenant may notify the landlord of the intention to correct the condition at the landlord's expense. If the landlord fails to use best efforts to comply within 14 days, the tenant may have the work done and deduct the actual and reasonable cost from rent. The tenant must submit an itemized statement to the landlord. This remedy may only be used once in a 12-month period, and the landlord may specify qualified persons or firms to perform the work.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Nevada
Understanding Nevada's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Nevada's Desert Climate
Nevada has an arid desert climate, being the driest state in the nation with average annual rainfall of only 7-10 inches statewide. Las Vegas averages only 4 inches of rain annually. Outdoor humidity is typically very low (10-30%), but indoor humidity in air-conditioned buildings can create moisture differentials that lead to condensation and mold issues.
Desert Mold Misconceptions
Despite Nevada's arid climate, indoor mold is a recognized concern. Air conditioning use creates temperature and humidity differentials that can cause condensation. Plumbing leaks, landscape irrigation against foundations, and improper drainage are common mold sources in Nevada homes. Lawrence Berkeley National Laboratory studies show mold affects homes nationwide regardless of climate.
Air Conditioning Condensation
Nevada's heavy reliance on air conditioning creates unique mold risks. The temperature differential between hot outdoor air and cooled indoor spaces causes condensation. Improperly maintained AC systems, clogged drain lines, and inadequate duct insulation can lead to moisture problems and mold growth.
Rapid Construction Growth
Nevada, particularly Las Vegas, has experienced rapid construction growth. Some quickly-built homes may have construction defects that allow water intrusion. Stucco failures, improper flashing, and plumbing issues have led to mold problems in newer construction.
Common Mold Types in Nevada
Despite Nevada being the driest state in the nation, indoor mold is a recognized concern. Heavy air conditioning use creates condensation, and rapid construction growth has left some homes with defects allowing water intrusion. Landscape irrigation against foundations is another common moisture source.
Cladosporium
Common in Nevada homes with AC condensation issues. The temperature differential between hot outdoor air and cooled interiors creates moisture.
Aspergillus
Found in homes with moisture from AC condensate, plumbing leaks, or landscape irrigation near foundations.
Penicillium
Grows on water-damaged materials from plumbing leaks or construction defects common in rapidly built Las Vegas homes.
Alternaria
Found in areas with periodic water intrusion and in bathrooms or kitchens with poor ventilation.
Stachybotrys chartarum
Black mold that develops after prolonged water damage from plumbing failures or AC issues in Nevada's warm climate.
Mold Professional Requirements in Nevada
Implied Warranty of Habitability
Under NRS 118A.290, landlords must maintain rental units in habitable condition at all times during the tenancy. A dwelling unit is not habitable if it violates provisions of housing or health codes concerning health, safety, sanitation, or fitness for habitation. The statute requires landlords to provide: effective waterproofing and weather protection of the roof and exterior walls (including windows and doors), plumbing facilities in good working order, a water supply capable of producing hot and cold running water, adequate heating facilities, electrical systems maintained in good working order, and sanitary conditions. These requirements cannot be waived by tenants in the rental agreement. [Nevada Revised Statutes Section 118A.290 - Habitability of dwelling unit]
Mold Disclosure Requirements
Notable Mold Court Cases in Nevada
These cases have shaped mold litigation and tenant rights in Nevada. Understanding legal precedents can help inform your own situation.
Tenant v. Anza Management (Las Vegas) (2025)
Summary: A Las Vegas jury awarded $6.6 million to a mother and her two children who suffered health effects from mold exposure in their rental unit. The mold resulted from unfixed plumbing leaks that the management company failed to address despite repeated tenant complaints.
Outcome: $6.6 million verdict for negligence, gross negligence, intentional infliction of emotional distress, and breach of the implied warranty of habitability.
Significance: Largest known mold verdict in Nevada history. Demonstrates that even without specific mold statutes, Nevada juries will impose substantial damages when landlords ignore mold complaints.
Local Regulations
Some cities in Nevada have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Nevada mold law details.
Las Vegas, NV
Local mold risks, prevention priorities, and next steps for Las Vegas.
Henderson, NV
Local mold risks, prevention priorities, and next steps for Henderson.
Reno, NV
Local mold risks, prevention priorities, and next steps for Reno.
North Las Vegas, NV
Local mold risks, prevention priorities, and next steps for North Las Vegas.
Sparks, NV
Local mold risks, prevention priorities, and next steps for Sparks.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Nevada.
Nevada Housing Division Emergency Assistance
Provides emergency housing assistance for low-income Nevada residents facing habitability issues.
Eligibility: Low-income residents at or below 80% AMI
Phone: 702-486-7220Learn More →
USDA Section 504 Home Repair Program
Provides loans and grants to very low-income homeowners in rural Nevada for essential repairs including mold remediation.
Eligibility: Very low-income homeowners in rural areas (below 50% AMI)
Coverage: Grants up to $10,000 for elderly homeowners; loans up to $40,000 at 1% interest
Nevada Legal Services Tenant Assistance
Provides free legal assistance to low-income Nevada tenants facing habitability issues including mold problems.
Eligibility: Low-income Nevada residents
Phone: 702-383-6095Learn More →
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Nevada have specific mold laws for rental properties?
No, Nevada does not have standalone mold legislation. However, mold issues are addressed through the state's implied warranty of habitability under NRS 118A.290. A dwelling unit is not habitable if it violates health codes or substantially lacks effective waterproofing, functioning plumbing, and other essential features. Courts have interpreted these requirements to cover mold conditions that pose health hazards.
What is the implied warranty of habitability in Nevada?
Under NRS 118A.290, Nevada landlords must maintain rental units in habitable condition at all times. This includes effective waterproofing, functioning plumbing with hot and cold water, adequate heating, proper electrical systems, and compliance with all housing and health codes. These protections cannot be waived in a lease agreement.
Can I withhold rent if my landlord refuses to fix a mold problem in Nevada?
Yes, under certain conditions. Under NRS 118A.355 and 118A.380, you may withhold rent if you have provided written notice of the habitability issue and the landlord has failed to remedy it within 14 days (or 48 hours for essential services). You must be current on rent when giving notice, and the condition cannot be caused by your own actions. Consider depositing withheld rent in an escrow account.
Official Resources
These official resources can help you understand your rights and take action: