Nevada squatters rights: What your HOA should know

What is a squatter?

In Nevada, a squatter is someone who enters and occupies a property without the owner’s consent.

This may also include those who unlawfully access a property and even mislead others into believing they have a right to reside there.
 

What are Nevada squatters’ rights?

In limited circumstances, a person occupying property without permission may attempt to claim ownership through Nevada's adverse possession laws. Such claims are rare and require strict statutory requirements to be met.

For a squatter to claim a property through adverse possession in Nevada, they typically must:

• Occupy the property openly, exclusively, and continuously for five consecutive years
   
• Pay all property taxes on the land during that time
   
• Occupy the property under either:
   
  • A written instrument, judgment, or deed (commonly called “color of title”) as described in NRS 11.120, or
     
  • A claim of right with actual cultivation or substantial enclosure under NRS 11.140.

These requirements are intentionally strict. Still, it’s important for board members and property owners to keep a close eye on vacant homes. Left unaddressed, unauthorized occupants can create long-term challenges for a community.
 

Can you evict squatters in Nevada?

Yes, squatters can be evicted in Nevada, but the process must follow a formal legal procedure. Trying to force out these unauthorized occupants through "self-help" actions is forbidden by Nevada law, and landlords who bypass Nevada's legal procedures may expose themselves to legal liability and court proceedings.

It's important to clarify that the term “squatter” does not apply to situations like a tenant subletting their space, short-term rental setups, or instances where an extra occupant is permitted by the tenant to move into the property. More specifically, in cases where the main tenant eventually moves out, leaving behind the occupant, the terms “squatter” or “unauthorized occupant” are not applicable.

If the occupants are arrested by law enforcement for "housebreaking" or "unlawful occupancy" and all of the occupants are removed from the property, the landlord may be permitted to change the locks on the property without needing to go through the eviction process.

However, at the time that the landlord re-takes the premises, they must post a Notice of Retaking Possession and/or Changing Locks on the property. The notice must remain on the property for 21 days and the squatters will have those 21 days to contact the landlord to retrieve their belongings.'

In addition, within 24 hours of posting the notice, the landlord must also file a Statement Regarding Retaking Possession with the appropriate Justice Court. Furthermore, during the 21-day period, the squatters can file a Verified Complaint with the Justice Court stating that they were in lawful possession of the property. The Court will then evaluate the Complaint and decide how to proceed.

Landlords cannot merely change the locks if the unauthorized occupant is not officially arrested by law enforcement. Instead, they are required to follow a set of legal procedures. One such imperative step involves posting a Four Day Notice to Surrender. The unauthorized occupant generally has until the close of business on the fourth judicial day following service of the notice to contest the removal.

If the occupant chooses not to vacate, the landlord must file a Complaint for Removal with the local Justice Court. This leads to two potential outcomes. The Court may either endorse the complaint, issuing a direct eviction order, or they may opt to schedule a hearing related to the matter. If a hearing is scheduled, it is crucial for the landlord to arm themselves with all necessary information. This includes identifying the specific dates when they found out the property was vacant and when they discovered the squatters.

If the complaint receives approval and an eviction order is issued, the squatters' removal is carried out by the Constable. The owner must generally store personal property left behind and provide the former occupant an opportunity to recover it within the statutory time period.
 

Why “self-help” evictions don’t work

In Nevada, property owners may be tempted to take matters into their own hands when dealing with unauthorized occupants, but self-help evictions are illegal. That means changing the locks, shutting off utilities, or physically removing a squatter without a court order can open the door to legal liability. Courts in Nevada take property rights seriously, and even someone occupying a home without permission is entitled to due process.

Attempting a self-help eviction can also delay your resolution by giving the squatter grounds to claim harassment or wrongful eviction. It may also damage your case if you later pursue formal legal action. The safest and most effective way to resolve the issue is by filing a lawful eviction through the local justice court. When you partner with a management company that understands the legal landscape, you can protect both your property and your board.
 

How a property management company can help

A property management company can play a key role in protecting communities from issues related to Nevada squatters' rights. From routine checks to legal coordination, professional management can help boards maintain control and minimize liability.

Here’s how FirstService Residential can support your community:

• Routine inspections: Scheduling regular walk-throughs and documenting signs of unauthorized occupancy.
   
• Legal coordination: Working with your board’s legal counsel to respond quickly and appropriately to suspected squatters.
   
• Recordkeeping and reporting: Maintaining documentation to help support eviction filings and tax records.
   
• Vendor management: Our network of local vendors includes locksmiths, security, and cleanup teams that can help secure a vacant unit.

For more than 25 years, FirstService Residential has supported HOAs and condo associations in Nevada reducing risk, preserving property values, and navigating complex occupancy issues.

Contact FirstService Residential today to learn more.

Article by: Edward Kania, President, Southern Nevada Eviction Services

Edward Kania is a Nevada landlord/tenant attorney and legal counsel to Southern Nevada Eviction Services which prepares and posts eviction-related notices and files evictions in Las Vegas, North Las Vegas, and Henderson. To learn more about the eviction process or to find out what SNES can do for you, please visit www.vegas-evictions.com.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.