No Implied Warranty of Habitability in Commercial Leases in Nevada

What Happened: Frustrated by the landlord’s failure to remedy unsanitary conditions at the site, a warehouse tenant moved out of the property and stopped paying rent. In the lawsuit that followed, the tenant claimed the landlord violated the implied warranty of habitability. The court rejected the defense and awarded the landlord damages and attorney fees.

Ruling: The Nevada appeals court upheld the lower court’s ruling.

Reasoning: In a case of first impression, the court ruled that in Nevada there’s no implied warranty of habitability in commercial leases the way there is for residential leases. The omission of commercial leases from the legislation establishing such a warranty for residential leases was deliberate and in line with the rules in most other states, the court reasoned. Adopting the minority rule would be even more inappropriate in this case, where the lease assigned “all responsibility” for the condition of the premises to the tenant.  

• Bour Enters. v. Co. V., 2022 Nev. Unpub. LEXIS 674