Squatter’s rights and adverse possession in Nevada create real risks for landlords. For instance, an empty Reno duplex could attract an unwelcome resident who changes the locks and claims they have the right to stay. This scenario could result in months of lost rent, property damage, and legal proceedings before the landlord regains ownership.
But on the bright side, there are numerous ways for property owners to defend themselves against squatters. Keep reading to learn how Nevada defines squatters, how adverse possession works, and the practical steps to legally remove unauthorized occupants.
What is a squatter?
A squatter occupies a property without the owner’s permission and without a valid lease agreement. They never sign rental documents, never pay rent, and lack tenant rights, even if they claim the right to stay in a property or believe they have legal authority to be there.
For instance, imagine a vacant Las Vegas rental where an individual enters through an unlocked door, brings in furniture, and starts receiving mail. That person qualifies as a squatter because they lack the owner’s consent, hold no lease, pay no rent, and refuse all requests to leave.
Key Differences Between Squatters and Trespassers
Understanding the difference between squatters and trespassers matters. Though both enter a property without authorization, the two require different legal procedures and pose different risks.
Squatters
- Move into a property without consent and stay long-term
- Try to gain the right to occupancy or property ownership over time
- Force landlords to follow the formal eviction process instead of instant removal
Trespassers
- Enter a property without permission and typically leave quickly
- Do not attempt to pursue long-term residence or ownership claims
- Law enforcement can typically remove trespassers immediately
In short, squatters stay and claim certain rights that trigger eviction requirements, while trespassers intrude briefly without such claims and usually face immediate removal by law enforcement.
What are squatters’ rights?
Squatters’ rights in Nevada describe the limited legal protections that someone can gain by occupying a property without permission. These rights stem from adverse possession laws, which encourage active use of property, rather than typical landlord-tenant regulations.
In Nevada, squatters’ rights pose real issues for landlords. The longer a squatter stays on a property, the stronger their position. If a landlord waits to address issues of unauthorized occupancy, they’ll have a harder time removing the squatter and could even lose their property altogether.
Can a squatter actually claim legal rights to a property?
Though it might sound unbelievable, squatters can acquire legal title to property in Nevada through adverse possession. The process demands strict proof and extended timelines, so landlords who monitor their properties, install security measures, and act quickly can stop squatters before they ever gain traction.
Adverse Possession Laws in Nevada
Adverse possession in Nevada allows a squatter to acquire legal title to property by meeting strict statutory requirements. For a squatter to successfully claim adverse possession, they have to fulfill all of the following conditions:
Actual: The squatter must physically use the property as an owner would: living there, making material improvements, and conducting repairs.
Open and notorious: The squatter must keep their occupancy visible, and cannot attempt to hide from the original owner.
Hostile: The squatter must occupy the property without the owner’s permission and in a manner that conflicts with the owner’s rights.
Exclusive: The squatter must possess the property alone and cannot share it with the owner, tenants, or the public.
Uninterrupted: The squatter must live on a property for at least 15 consecutive years without interruption, or 5 years with property tax payments.
Supporting laws: Nevada Revised Statutes § 11.150, § 40.090
Occupancy Time Requirements for Adverse Possession
To successfully claim adverse possession in Nevada, a squatter must occupy a property for at least 15 years, or 5 years if they pay property taxes for the entire period. Any abandonment or other interruption, like an eviction, resets the clock and stops an adverse possession claim.
For example, a squatter who occupies a vacant Sparks home for 2 years and then leaves for several months fails Nevada’s continuous possession requirement. Even if they return or pay property taxes, they cannot successfully claim adverse possession.
Supporting laws: Nevada Revised Statutes § 11.150, § 40.090
Does the squatter need to have a color of title to claim adverse possession?
Color of title describes a written document that appears to transfer ownership but contains a legal defect. An example of color or title would be someone receiving an invalid deed after purchasing a property from an unauthorized seller.
Nevada squatters do not need color of title to claim adverse possession, nor does holding color of title shorten Nevada’s occupancy time requirement. However, this document could support a squatter’s position in an adverse possession case, provided they meet all other requirements.
Supporting laws: Nevada Revised Statutes § 11.150, § 40.090
Does the squatter have to pay property taxes for adverse possession in Nevada?
Many states require squatters to pay property taxes to claim adverse possession of a property. Nevada does have this requirement, but only in some instances.
Paying property taxes can shorten Nevada’s occupancy timeline requirement from 15 years to 5 years. The squatter must also meet all other conditions for adverse possession. Landlords should always stay current on property tax payments to prevent ownership disputes, liens, or foreclosures.
Supporting laws: Nevada Revised Statutes § 11.150, § 40.090
How to Legally Remove Squatters from Your Property
Removing a squatter requires landlords to take specific legal steps. Here, we’ll take a look at how Nevada landlords can regain possession from unauthorized occupants:
Step 1: Attempt to Convince The Squatter to Leave Willingly
Ideally, you may be able to convince a squatter to leave your property voluntarily if you feel safe to do so. You might offer a cash-for-keys agreement or relocation assistance, or set a specific move-out date to avoid a drawn-out, stressful eviction.
Important: Never attempt self-help eviction methods such as lockouts or utility shutoffs. Self-help eviction is illegal nationwide and can result in fines, criminal charges, or dismissal of your eviction case.
Step 2: Get in Touch With Local Law Enforcement
Contact local law enforcement and request that officers visit your property to meet with the occupant. Officers may determine that the individual is a trespasser rather than a squatter, and if so, law enforcement can often remove the person immediately and restore control to you.
Step 3: Serve the Squatter a 5-Day Notice to Quit
If law enforcement cannot legally remove the squatter, you must proceed with an eviction as if the occupant were a tenant. In Nevada, you’ll start by serving a 5-Day Notice to Quit, which demands that the squatter leave your property or face formal court eviction.
Step 4: File a Complaint for Summary Eviction Against the Squatter
If the notice deadline passes and the squatter is still on your property, you’ll have to file a Complaint for Summary Eviction in the Justice Court of your rental property. This filing officially initiates the Nevada eviction process and sets a court hearing date.
Step 5: Present Your Case in Front of a Judge
To strengthen your argument, bring clear evidence of the squatter’s unlawful residence and your rightful ownership. Strong documentation, such as the following, will help support your case:
- Deeds, mortgage statements, or other recorded ownership documents in your name
- Photos or inspection reports showing the squatter’s unauthorized occupancy
- Witness statements confirming the squatter’s presence
- Records of previous attempts to communicate with the squatter
The squatter will also get the opportunity to present evidence, such as a color of title, property tax payments, or other proof of long-term possession. The judge will weigh both arguments carefully before making a decision.
Step 6: Obtain a Writ of Restitution, Authorizing Removal of the Squatter
If the judge rules for you, the court issues an Order for Removal, which lets you request a Writ of Restitution for enforcement. The squatter will then have 10 days to appeal the ruling before the constable or sheriff posts and executes the Writ of Restitution.
After serving the writ, law enforcement typically allows the squatter just 24 to 36 hours to move out. The constable or sheriff who conducts the eviction will record proof of service, which you should keep for your own records.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With a Writ of Restitution in hand, law enforcement has the authority to physically remove squatters and return possession to the landlord. You’ll need to store any belongings left behind for at least 30 days and attempt to notify the squatter before disposing of the items.
Secure your property immediately after the squatter departs. Change the locks, secure all entry points, and conduct regular inspections to deter future squatters.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent unauthorized occupancy before it starts. You can easily protect your rental properties with consistent oversight and fast action.
Inspect the property regularly: Visit your properties often, especially during vacancies, to look for signs of unauthorized entry. Frequent visits signal active ownership and discourage squatters from settling in.
Install security cameras: Posting visible, functioning cameras deters unauthorized entry and documents any attempts to access your property. Footage can also serve as valuable evidence in a court case.
Act quickly against trespassers: Report trespassing to law enforcement immediately. This prevents short-term trespasses from escalating into a longer occupancy, which could ultimately require an eviction.
Secure all entry points: Lock all doors, reinforce windows, and block any secondary access points. Strong physical barriers reduce the likelihood of squatters entering your property.
Maintain the property: Keep all yards, fences, and other areas clean. A well-cared-for property looks occupied, which discourages squatters seeking vacant spaces.
Fill vacancies quickly: Advertise vacant units quickly through services like TurboTenant to reduce the risk of a squatter moving in.
Screen future tenants thoroughly: Verify tenants’ identity, rental history, and income to avoid problem occupants. Reliable tenant screening lowers the chance of ownership disputes or unauthorized stays.
These tips will help you keep your properties safe from squatters. Plus, you have several other options to protect your rental income and yourself.
Digital Tools to Help Landlords Thwart Squatters
Landlords can stay in control of their properties by taking the right approach to squatters’ rights and adverse possession in Nevada.
Using reliable property management software can help landlords document activity, track vacancies, and respond quickly to threats posed by unauthorized occupants.
Create a free account today to manage your property with confidence and protect yourself against squatters and adverse possession claims.
FAQs: Squatters’ Rights & Adverse Possession Laws in Nevada
How long does it take a squatter to claim property rights in Nevada?
In Nevada, a squatter must occupy a property continuously for 15 years to pursue adverse possession, or 5 years if they pay all property taxes. The squatter’s residence must also be actual, open, hostile, and exclusive. Any break in possession or eviction resets the clock.
Can landlords remove squatters legally without taking legal action?
Landlords can only remove squatters without legal action if law enforcement classifies them as trespassers. If the occupant claims the right to long-term residency or possession, landlords must treat them as a tenant and follow Nevada eviction proceedings to remove them safely and legally.
What’s the difference between a squatter and a holdover tenant?
A squatter never had permission to occupy a property and lacks a lease, whereas a holdover tenant once legally rented but remains after the lease expires. Nevada law treats holdover tenants as former renters entitled to certain protections, whereas squatters are initially considered unauthorized occupants.
Can a landlord turn off power or change locks to remove a squatter?
No. Nevada law prohibits self-help eviction methods, such as utility shutoffs or lockouts. These actions can lead to fines, lawsuits, or dismissal of an eviction case. The only legal route for Nevada landlords to remove squatters is through a court-ordered eviction.