Nevada Renters’ Rights: Asbestos in Older Buildings

Living in an older Nevada apartment or rental property can bring unique health concerns—one of the most serious is asbestos exposure. Many buildings constructed before the 1980s may contain asbestos in insulation, flooring, or ceiling materials. Asbestos can pose health risks if it becomes disturbed and fibers are released into the air. This guide explains what rights renters have, the responsibilities of landlords, and how to protect your health and safety if you suspect asbestos in your home.

Understanding Asbestos Risks and Nevada Law

Asbestos is a dangerous mineral used in building materials that can cause serious lung diseases if inhaled. According to the EPA, intact asbestos usually isn't hazardous, but crumbling or damaged materials can release harmful fibers.

In Nevada, state and federal laws require property owners to manage asbestos safely. Landlords must maintain rental units in a habitable condition under Nevada Revised Statutes (NRS) Chapter 118A—Nevada Residential Landlord and Tenant Act¹.

What Is a Habitable Rental Unit?

• Safe and sanitary conditions
• No hazardous materials (including loose asbestos)
• Functioning utilities and structure

If you believe asbestos is present and is breaking down or exposed, you have the right to request repairs and safe conditions.

Landlord Responsibilities for Asbestos Safety

Under NRS 118A, landlords must:

• Disclose known asbestos hazards when asked
• Make timely repairs to address health and safety issues
• Follow federal and state asbestos abatement laws during renovations or repairs

If asbestos is identified and is damaged or poses a risk, the landlord must address the issue reasonably quickly to maintain the dwelling's habitability.

Your Rights and Steps If You Suspect Asbestos

If you see suspicious materials (like old insulation or ceiling tiles) breaking down, or if you’ve received official notice of asbestos in your building, you should:

• Avoid disturbing the material
• Notify your landlord in writing requesting an inspection and repairs
• Keep copies of all communication
• Contact local or state authorities if the issue isn’t addressed

For immediate risks, you may also have rights under Nevada law to withhold rent or move out if the home is unsafe, but always seek legal advice before acting.

Official Forms and How to Use Them

• 5-Day Notice to Perform (NRS Form): Use this form to formally request your landlord correct a health and safety violation.
  Example: If your landlord fails to respond to your written concern about damaged asbestos ceiling tiles, you may serve this official notice. Access the form and details from the Civil Law Self-Help Center – Landlord/Tenant Forms.

Where to Get Help if the Problem Persists

• Local Code Enforcement (for habitability or unsafe housing complaints)
• Nevada Division of Public and Behavioral Health (for environmental hazards)
• The Nevada Justice Court – Las Vegas Township handles landlord-tenant disputes, including habitability claims

Summary: Key Steps for Nevada Renters

• Document suspected asbestos or damage
• Contact your landlord in writing as soon as possible
• Use official forms to request repairs if needed
• Reach out to local health and housing agencies if your landlord does not respond

FAQ: Nevada Renters and Asbestos Issues

1. What should I do if I think there is asbestos in my Nevada apartment?
   You should avoid disturbing the material, notify your landlord in writing, and request an inspection. If your concern is ignored, use a 5-Day Notice to Perform and contact local code enforcement.
2. Can my landlord evict me for complaining about asbestos?
   No, under the Nevada Residential Landlord and Tenant Act, it is illegal for a landlord to retaliate against a tenant for exercising their legal rights.
3. Does my landlord have to tell me if there is asbestos?
   Landlords must disclose known asbestos hazards if you ask. If a health risk is found, they are required to fix it.
4. Which agency handles disputes over asbestos and habitability?
   The Justice Court in your county—such as the Las Vegas Township Justice Court—handles rental disputes under NRS 118A.
5. If my apartment is unsafe from asbestos, do I have to keep paying rent?
   If the unit becomes legally uninhabitable and your landlord does not make repairs, you may have rights to withhold rent or end your lease per state law. Seek legal advice before acting.

Conclusion: What Nevada Renters Should Remember

• Your landlord must provide a safe, habitable home free from known asbestos dangers
• Document concerns, notify your landlord in writing, and use Nevada’s official forms if needed
• Support and enforcement resources are available—don’t hesitate to reach out

Understanding your rights will help you stay safe and ensure your landlord addresses asbestos concerns promptly and legally.

Need Help? Resources for Renters

• Nevada Civil Law Self-Help Center: Landlord-Tenant Resources
• Nevada Housing Division (information on tenant rights and safe housing)
• Nevada Revised Statutes Chapter 118A – Landlord and Tenant
• EPA Asbestos in Your Home

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1. See Nevada Revised Statutes: NRS 118A – Landlord and Tenant: Dwellings
2. Learn more at the Justice Court – Las Vegas Township
3. Official forms: Civil Law Self-Help Center: Landlord/Tenant Forms
4. Federal safety guidelines: EPA: Asbestos

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