Squatters and Unauthorized Occupants in Las Vegas

Squatters and Unauthorized Occupants in Las Vegas

What Nevada law actually says, and the one thing you must not do

Start here: you may not simply change the locks. Nevada provides exactly one route on which an owner may retake possession without a court order, and it requires arrests to have already happened. On every other route you go through the court. Getting this wrong turns an owner into a defendant.

“Squatters’ Rights” Is Not the Right Frame

The phrase usually imports the idea of adverse possession — a separate doctrine, with a long statutory period and requirements around color of title and payment of taxes. It is not what is happening when someone occupies a vacant Las Vegas rental for a few weeks or months, and it is not the law that applies. What applies are two criminal offenses and two civil removal procedures, set out below.

The Two Criminal Offenses

Unlawful occupancy — NRS 205.0817. Taking up residence in an uninhabited or vacant dwelling, knowing or having reason to believe the residency is without the owner’s permission. It is a gross misdemeanor; on a third or subsequent conviction it becomes a category D felony.

Housebreaking — NRS 205.0813. Forcibly entering an uninhabited or vacant dwelling, knowing the entry is without permission, with intent to take up residence or provide residency to another. Gross misdemeanor for a first offense, category D felony for a second and any subsequent offense. “Forcibly enters” is defined to include any act of physical force resulting in damage to the structure or the changing or manipulation of a lock to gain access — so a picked or swapped lock qualifies, not just a broken door.

Both sections were added in 2015 and last amended in 2017. A number of widely circulated articles claim a 2023 or 2025 Nevada bill rewrote them. The enacted chapter text does not support that, and we are not going to repeat it.

The Presumption — and the Document That Defeats a Fake Lease

The common scenario is an occupant producing a “lease” and a story. Nevada anticipates this. Under NRS 205.0813(2) and NRS 205.0817(2), a person is presumed to know the entry or residency was without permission unless they produce a written rental agreement that:

• Is notarized, or is signed by an authorized agent of the owner who at the time of signing held a property management permit under NRS chapter 645; and
• Includes the current address and telephone number of the owner or their authorized representative.

That is the practical reason a permit-holder’s lease matters here, and it is a statutory fact rather than a sales argument: a genuine lease signed by a permit-holding manager satisfies the test, and a fabricated one generally cannot. The Rental Lister holds Nevada property management permit PM.0145930, verified against the Nevada Real Estate Division’s active property manager records in August 2026. It is also why NRS 118A.200(4) requires a self-managed single-family lease to carry a double-size warning about these very presumptions.

There is a further presumption: someone accused of unlawful occupancy who has already been convicted twice of housebreaking, unlawful occupancy or a related offense arising from the same facts is presumed to have known any asserted lease was invalid (NRS 205.0817(4)).

Route One — Lockout After Arrest (NRS 40.412)

This is the only self-help route, and its precondition is strict. Once all known unlawful or unauthorized adult occupants have been arrested for housebreaking or unlawful occupancy, and any minor occupants have been taken into State custody, the owner may retake possession and change the locks.

At that point the owner must post a written notice on the dwelling stating:

• The address of the dwelling;
• The court with jurisdiction over any matter relating to it;
• The date the owner took possession or changed the locks; and
• That the occupant may contest the matter by filing a verified complaint for reentry with the court within 21 calendar days of that date, that reentry without a court order is a criminal offense punishable by up to 4 years in prison, and how their personal property will be handled.

The notice must stay posted for not less than 21 calendar days. The owner must provide safe storage of personal property left behind and may dispose of it after 21 calendar days from that date, unless an affidavit or notice of hearing under NRS 40.414 arrives first. The owner is entitled to the reasonable and actual costs of inventory, moving and storage before releasing the property back to the occupant.

Route Two — Court Removal, No Arrest Required (NRS 40.414)

Where there has been no arrest, the owner serves a written notice to surrender under NRS 40.230 or 40.240, served in the manner required by NRS 40.280. Beyond the ordinary contents, that notice must identify the court with jurisdiction and advise the occupant:

• That they may contest by filing an affidavit with the court before the court’s close of business on the fourth judicial day after service, stating why they are not guilty of forcible entry or forcible detainer; and
• That if the court finds against them it may issue a summary order for removal, directing the sheriff or constable to remove them within 24 hours of receiving the order.

Note that the 24 hours is the sheriff’s window for carrying out the order — not a deadline for the owner to file anything, which is how it is often misreported. Personal property may be disposed of 14 calendar days after the removal order is executed or the occupant complies, whichever comes first.

What Not to Do

• Do not change the locks unless the NRS 40.412 arrest precondition is genuinely met. Outside that, it is an unlawful lockout.
• Do not shut off utilities or remove doors or windows to force someone out.
• Do not remove belongings outside the storage and disposal rules above.
• Do not rely on a verbal report that arrests have happened. Confirm it.

If the occupant is a former tenant, or anyone who entered under a genuine agreement that has since ended, this is not the right page at all — that is an eviction, and it runs through the summary eviction process. See eviction protection and the Nevada eviction process.

Prevention Is the Whole Game

Nearly every unlawful occupancy begins with a vacant property nobody is looking at. What actually prevents it is unglamorous: someone physically checking the property on a schedule, prompt re-letting rather than long vacancies, screening that verifies who is signing, secure locks re-keyed between tenancies, and a lease that satisfies the statutory test above.

Related: the Nevada landlord-tenant law guide, lease agreement requirements, and landlord resources.

Statutory references on this page were read from the official chapter text at leg.state.nv.us and verified on 24 August 2026. Nevada’s Legislature meets in odd-numbered years; the next regular session is 2027, so figures here can change after that. This is general information for Nevada rental owners and residents — it is not legal advice. For a specific situation, consult a Nevada attorney.