As the 2025 Legislative Session continues, several bills are being considered that could impact housing, tenants, and landlords in Nevada. Assembly Bill 223 (AB 223) was introduced in February by Assembly member Venicia Considine to give tenants more legal options when they are living in uninhabitable conditions.
What does AB 223 mean for Henderson and Las Vegas landlords, and how could it affect your business if passed into law? Our Henderson and Las Vegas property management experts break down what you need to know.
What Is Nevada AB 223?
Nevada Assembly Bill 223 is a proposed law that seeks to revise certain regulations regarding landlord responsibilities and tenant remedy options. In particular, the law would allow tenants the ability to file a verified complaint in court when their living conditions are unsafe or uninhabitable and the landlord has failed to fix the situation within 14 days.
Other key provisions in NV AB 223 include:
- Requiring the email address of the landlord or authorized representative in the rental agreement
- Requiring information in the rental agreement concerning fees that must be paid, or could be incurred, and their purposes
- Accepting payment for rent via money order, personal check, cashier’s check, or cash at no charge to the tenant
- Providing a written receipt to the tenant for any rent payment
- Presuming that utility services are included at no charge when there is no written rental agreement
- Adding details on what makes a rental or dwelling unit uninhabitable
- Allowing tenants to terminate a rental agreement without fees if the landlord does not maintain habitable conditions
Under AB 223, tenants can also recover actual damages or an alternative amount if the landlord fails to meet health and safety standards. While the bill has several sections, many are revisions to existing Nevada statutes.
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Why Was AB 223 Introduced?
Supporters of AB 223 have shared that the bill would prevent unfair evictions and improve living conditions for tenants in Nevada. Under current law, tenants can withhold rent due to uninhabitable conditions. However, they must deposit the rent into an escrow account through the justice court. Many tenants are unaware of this and face eviction for nonpayment of rent.
If AB 223 is passed into law, tenants can proceed directly to court if their landlord fails to maintain habitable conditions. The bill would remove language from the existing law that prohibits tenants from taking remedial action. Additionally, tenants would no longer be required to provide notice if the landlord either:
- Received written notice of the condition from a governmental agency
- Had actual knowledge of the inhabitable condition
However, opponents of the bill have expressed concerns about increased operational and administrative costs for landlords. The Nevada Realtors Legislative Committee and the Nevada State Apartment Association have said the state already has laws in place that address these issues.
What Are Considered Habitable Conditions Under AB 223?
While there are Nevada laws in place that define habitable conditions, AB 223 would add to the existing statute. Under the bill, a dwelling is inhabitable if it lacks:
- Working doors and windows that are maintained in good repair
- Effective measures to control pests, including rodents, insects, and vermin
- Regulations to prevent exposure to hazardous substances, such as radon, lead paint, asbestos, and toxic mold
- Working locks that are in good repair on all exterior doors and windows that can open
- Safety equipment required by law that is in good working order
Under the established law NRS 118A.290, habitability violations occur when the rental property is not up to housing or health codes concerning:
- Waterproofing of the roof and exterior walls
- Plumbing facilities
- A clean water supply
- Adequate and working HVAC system
- Electrical systems
- Garbage receptacles or removal
- Clean and sanitary building and grounds
- Floors, walls, and ceiling in good repair
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When Can Nevada AB 223 Be Passed into Law?
The 2025 Nevada Legislative Session is limited to 120 calendar days. With AB 223 introduced on the first day of the session on February 3, 2025, lawmakers must reach a decision before the session ends on June 2, 2025.
The bill will go through the legislative process, including committee debates, public hearings and meetings, and votes by the State Assembly and Senate. If necessary, there is the potential for special sessions on urgent matters after the official session ends.
When the state legislature approves a bill, the governor may sign it into law. The governor also has the authority to veto the bill. However, the legislature may override the governor’s veto with a two-thirds vote in both the Assembly and Senate.
How Can Las Vegas Landlords Comply with Habitability Laws?
Landlords and rental property owners must ensure their rental properties are safe and free of hazardous conditions that could put tenants at risk. If landlords receive a written request for repairs from their tenants, they typically only have 14 days to address the issue and remedy the situation. Delaying the repairs for longer than the 14 days could put you in violation of Nevada law.
Additionally, landlords need to comply with local health and safety codes. Conducting regular inspections, scheduling property maintenance, and establishing open communication with your tenants can help you catch minor issues before they become habitability violations.
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Landlord Legal Compliance with Our Las Vegas Property Managers
Working with an experienced Henderson or Las Vegas property manager can help landlords stay up-to-date with new laws and avoid costly violations and legal fees. At Black & Cherry Real Estate, we can partner with you to comply with Nevada tenant-landlord laws. Our team stays current on all state and federal rules and regulations that may affect your rental income.
We specialize in managing residential properties and offer services to help landlords streamline their business, including tenant screenings, advertising and online marketing, lease agreements, rent collection, statements and accounting, and regular maintenance.
Contact us to schedule a consultation and learn more about our property management services for Las Vegas and Henderson landlords.
