Squatters Rights in Nevada & Adverse Possession Laws 2024

Owning property in Nevada has its fair share of challenges, and dealing with squatters is among the most difficult. When someone stays on your property without permission, it can feel like an invasion of your rights as a landlord. Unfortunately, squatters rights in Nevada offer a loophole: the ability for squatters to claim property through adverse possession.

Below, we’ll break down what every Nevada landlord needs to know about the state’s squatting rules and regulations, what adverse possession is, and how to protect your property. By understanding these laws, you’ll be better positioned to protect your property, handle squatters, and regain control in potentially challenging situations.

What is the Difference Between Trespassers and Squatters?

While both trespassers and squatters occupy property without permission, there’s a crucial difference between the two. A trespasser is someone who enters your property without permission and typically has no intention of staying.

On the other hand, a squatter enters without permission and stays, often for an extended period, sometimes intending to claim legal rights to the property.

Property owners must handle trespassers immediately to avoid complications. Quick action is crucial as it can prevent a simple trespassing issue from escalating into a full-fledged squatting scenario requiring legal intervention.

Legality of Squatting in Nevada

Squatting is illegal in Nevada. Squatters can face two different charges. The first is housebreaking, outlined in the Nevada Revised Statutes 205.0813, which occurs when somebody breaks into a house forcibly. Penalties include up to 364 days in jail and a fine of up to $2,000.

If the offender decides to commit a second or subsequent housebreaking offense, the penalty ranges from 1 to 4 years in jail and a fine of up to $5,000.

The second squatting-related charge is unlawful occupancy. Housebreakers can face both charges. Per NRS 205.0817, a person who knowingly takes up residence in a vacant or uninhabited dwelling is guilty of unlawful occupancy, a gross misdemeanor. Penalties for this offense include up to 364 days in county jail and a $2,000 fine for up to 2 such convictions.

Further, if a squatter is charged with three instances of unlawful occupation, they can be charged with a class D felony and punished to state prison for no less than one year but no more than four years. Additionally, courts may fine the guilty party up to $5,000.

However, the situation becomes more complex when adverse possession laws apply. Under Nevada law, if a squatter meets specific criteria, such as living on the property continuously for five years and paying property taxes, they may gain property rights after a successful adverse possession claim.

It’s best to identify trespassers and contact law enforcement right away if you suspect a squatter is on your property. If law enforcement doesn’t charge the squatter with either crime, you’ll have to evict them.

Squatters Rights and Adverse Possession Laws in Nevada

As we’ve alluded to, long-term squatters can gain rights to your property through a process called adverse possession laws. But what exactly are these squatters rights? Nevada, and every other U.S. state, describes adverse possession laws as allowing squatters to claim property ownership if they maintain occupancy in it for a set period under specific conditions.

In Nevada, a squatter must live on the property continuously for at least five years and pay property taxes to make an adverse possession claim. (NRS 11.150) This combination of occupancy and tax payment is crucial. Some other states require more extended occupancy periods or don’t include the requirement of paying property taxes.

Let’s break down the possession requirements.

How Nevada Squatters Can Legally Claim Property Through Adverse Possession

According to the Nevada legislature, a squatter must have all of the following requirements to claim property legally in Nevada.

• Actual: The unlawful occupant must live on the property and use it as the owner would.
• Hostile: The squatter must occupy the property without the owner’s permission.
• Continuous: The squatter must live on the property for at least five consecutive years without interruption.
• Open and notorious: The occupation must be evident to others, including the property owner. This means that other people must be able to see that the squatter has occupied the space. For example, hiding in an attic would not qualify.
• Exclusive: The squatter must be the only one occupying the property without sharing possession with others, including the legal owner.

Some states don’t require any additional possession requirements. In Nevada, squatters must pay property taxes for 5 years.

• Payment of Property Taxes: The squatter must pay all state, county, and municipal taxes for 5 years (NRS 11.150).

As you can probably tell, it isn’t all that often that a squatter successfully files an adverse possession claim in Nevada. In many cases, a property owner can avoid adverse possession claims by simply paying property taxes.

Let’s examine further obligations property owners and landlords share regarding squatters rights in Nevada.

Landlord Rights & Responsibilities

As a landlord in Nevada, you have the right to remove squatters from your property. It could be as easy as contacting law enforcement to find them guilty of housebreaking or unlawful occupancy.

However, there are cases where you may need to follow the eviction process. This begins with filing a formal unlawful detainer lawsuit, which requires submitting paperwork to the court to start the eviction proceedings. It’s essential to provide evidence, such as photos or witness statements, proving that the squatter is on your property without permission.

Alternatively, you may try to follow a “cash-for-keys” approach, which involves offering the squatter a lump sum of money to tempt them to vacate the property. Regularly inspecting your properties and acting fast when you notice trespassers will help prevent squatter issues from escalating into more complicated situations.

Squatters Rights & Responsibilities

Again, unlawful occupancy is illegal in Nevada. But, if a squatter isn’t found guilty of either housebreaking or unlawful occupancy, they have rights.

First, they have the right to improve the property. But most importantly, Nevada squatters have the right to a formal eviction process as long as they aren’t guilty of the aforementioned crimes.

Landlords must follow the legal procedures to evict a tenant formally. They cannot attempt to evict them themselves via a self-help eviction. Self-evictions are when property owners change locks, turn off utilities, or otherwise manhandle a squatter to remove them from a property.

How to Evict Squatters in Nevada

The specific steps for evicting squatters in Nevada include:

• Step 1: Verify Squatter Status: First, you must confirm the individual is a squatter, not a tenant or someone with a legitimate lease.
• Step 2: Gather Evidence: Once you’ve determined that you indeed have a squatter on your premises, collect evidence to prove your case. This may include pictures or statements from others who’ve witnessed the squatter’s activity.
• Step 3: Serve a Notice to Quit: Provide a formal Notice to Quit to the squatter, demanding they vacate the property. Nevada law requires a minimum 3-day notice.
• Step 4: File an Unlawful Detainer Lawsuit: If your squatter refuses to leave after the notice period, file an unlawful detainer lawsuit in the local court. This is the formal eviction paperwork required in Nevada.
• Step 5: Attend a Court Hearing: Present evidence showing the squatter unlawfully occupies the property. This could include photos or proof of ownership.
• Step 6: Obtain a Writ of Possession: If the court rules in your favor, you’ll receive a writ of possession. Law enforcement will then help remove the squatter from the property.

Again, do not attempt to self-evict a squatter.

Legal Help for Landlords in Nevada

Several resources are available for landlords dealing with squatters in Nevada. Accessing legal guidance early on can make eviction smoother and protect your property rights.

A few helpful online legal resources include:

• Nevada Revised Statutes (NRS): Provides the official legal text on Nevada’s landlord-tenant laws, including squatter rights and eviction processes.
• Legal Aid Center of Southern Nevada: Offers free or low-cost legal advice to help landlords navigate eviction cases and other property issues.
• Nevada Landlord-Tenant Handbook: A detailed guide covering the rights and responsibilities of landlords, including steps for evicting squatters.
• EZ Evict USA: For landlords who want to avoid the eviction process themselves, consider EZ Evict USA; they’ll do all the hard work of evicting tenants for you.

Preventing Future Squatter Situations

A landlord can take many proactive steps to prevent squatters from occupying their properties.

Here are some tips to help safeguard your property:

• Frequently check on your unoccupied properties to spot potential squatters early.
• Talk to the neighbors about keeping an eye on the place
• Use security cameras, alarms, and locks to deter unauthorized access.
• Clearly mark your property to discourage squatters and establish your intent to enforce the law.
• Keep the property well-maintained to signal that you’re actively caring for it.

How Property Management Software Can Help

Managing properties on your own can be difficult, especially when more than one unit is involved. TurboTenant’s property management software offers tools that can help fill vacancies and prevent squatters by ensuring your properties are always occupied.

Minimizing downtime between tenants reduces the risk of squatters moving in. TurboTenant offers several features to streamline property management:

• Rental Advertising: List your property across multiple sites to attract tenants quickly.
• Nevada-Specific Lease Generation: Create legally compliant leases tailored to Nevada laws.
• Automated Rental Applications: Simplify the application process and find tenants faster.
• Applicant Screening: Ensure you’re selecting the right tenants.
• EZ Evict: Simplify the eviction process if needed.

Sign up for a free TurboTenant account today to better manage your properties and minimize the risk of squatters.

Squatters Rights Nevada FAQ