What Are Nevada Squatter Laws?
The legal concept of squatting has a long and storied history throughout the world. In the state of Nevada, squatting is not condoned by law, and can lead to rapid legal action being taken by either the owner or government authorities. But what exactly are Nevada’s squatter laws, and how do they work?
The state of Nevada has a fairly simple interpretation of squatting. A squatter is someone who purposely occupies a structure (most often a residence) without the permission of an owner or landlord. This does not include people who are renting the property but are behind on their payments, or who are overstaying their welcome with a friend or family member. There are also no limits in Nevada as to what type of property a squatter can occupy – it could be residential , commercial, industrial, agricultural or rural property.
Nevada does not have a unique body of law covering the topic of squatting. Instead, squatting is viewed as a type of trespassing because the definition of squatting most closely resembles the legal description of someone who is on a property without having permission from the owner or landlord. As a result, squatting is largely governed by the general laws that apply to trespassing.
Ultimately, squatters can quickly find themselves in a situation where they are evicted from a property they believe to be their own, and in legal trouble with the federal, state or local government.
What Is a Squatter Under the Law?
When it comes to squatter laws in Nevada, it is vital to understand the legal definition of a squatter under Nevada law. The law in Nevada does not specifically define the term "squatter." Generally speaking, a squatter is someone who occupies an uninhabited building or unused land without permission. Property owners often first notice a squatter when the squatter has occupied the property long enough to gain ownership under what is known as adverse possession. One Nevada statute that regulates and defines squatter rights and adverse possession is Nevada Revised Statutes 40.050. That statute substantially restricts a squatter’s ability to gain ownership of property over the vigorous objection of an owner.
Another relevant statute for squatter’s rights in Nevada is NRS 118.010. That statute sets out the parameters of trespassing on real property and occupancy without permission. Other statutes that are somewhat indirectly related to Nevada squatter laws are NRS 118D.010 (establishing the Nevada Landlord Tenant Act) and NRS 107.080(1)(d) (providing the definition of a tenant in a lease for a period longer than one year such that a squatter may be deemed to be in possession illegally).
Because squatting commonly involves more vacant property or homes that are not currently being lived in, it can be important to know how tenant rights apply. When a tenant is in a property but does not have permission, this may be called "holding over" in Nevada. The primary unauthorized occupant statutes in Nevada are focused on doing the following, which also happen to control the definition of what Nevada law considers a tenant:
If there is no unauthorized contracts or leases, as discussed above, the tenant who takes possession of another’s land in Nevada without right and without an actual or implied contract, as a stranger, is a "squatter." The issue of squatting may also become relevant or applicable in an eviction proceeding, and Nevada law concerning unlawful detainer may apply.
Build – Adverse Possession To Gain Property in Nevada
Another way that a squatter may claim legal ownership of land is through adverse possession; adverse possession is the process by which a person may acquire legal title to someone else’ land. Although the process is long and complicated, it is important to know that with all possession of real property, there comes a right to legal title. The possessing of real property against the true owner’s knowledge, whether intentional or unintentional is called possession; whereas if the possession was wrongful it is called conversion. Both actions allow an individual to gain legal ownership of property after meeting certain requirements. Suppose your neighbor, Ken, wants to build a fence 10 feet onto your property; you walk up to him and tell him he cannot do that. He may either back off and thus be exercising his rights or he may proceed to construct the fence anyway, even though you clearly told him not to; he is committing "conversion," however, he may also be attempting to obtain legal title to 10 feet of your land; he might leave the fence there for years and years.
In order for the squatter to gain legal ownership the burden of proof is on them to show that they have been in open and exclusive possession of the property for at least 15 years prior to their filing a complaint of adverse possession. If the squatter fails to meet this requirement then they may be evicted with no notice. Since it is the squatter who is the true owner of the land, the property will not be awarded to the former owner even if they attempt to give their property to the squatter as a gift or sometimes they must pay just compensation to the true owner for the benefit of their improvements to the land. The Nevada Revised Statutes prescribe the statutory requirements for adverse possession under NRS 40.050: (1) Must be 15 years of continuous possession; (2) Must have been an actual and visible possession of the property; (3) Must have been hostile; and (4) Must also be exclusive possession.
Squatter Eviction in Nevada
In Nevada, much like other states with landowner-friendly laws, the process for evicting squatters from private property is fairly straightforward and efficient. In fact the laws are geared to making it easy for landowners to expeditiously remove squatters from their property without a lengthy court battle.
Per Nevada Revised Statutes ("NRS") 40.2543, once a squatter has occupied a residential property for at least 30 days, a landowner may begin the eviction process. However, if a squatter refuses to leave after receiving notice, a landowner may submit an unlawful detainer action to the court for approval before scheduling a court hearing. Once the hearing is held, the court will issue a judgment and an order of restitution giving the squatter a final deadline to vacate the land. Most commonly, the unlawful detainer action seeks monetary damages, typically for wrongful holdover and forcible entry and detainer, but, again, the timeframe for this process is often expeditious.
It’s important to note that although some restrictions on surface and mineral rights are relatively common in Nevada, these rights usually do not extend to the use of such that would permit adverse possession on the land in question.
Squatter Rights under Nevada Law
In some cases, squatters may be able to stay on the property for a period of time after the commencement of an eviction proceeding. In Nevada, a squatter can raise the defense of "equitable estoppel" in an attempt to avoid an unlawful detainer judgment. Equitable estoppel usually means that the landlord tells the squatter or tenant withhold rent for some reason, like maybe the property needs repairs or the bills are higher than anticipated, and the squatter withholds the rent. If a squatter can prove three things—(1) the landlord misleads the squatter into not paying rent, (2) the squatter relied on the landlord’s promise and didn’t pay any future rent, and (3) the squatter will suffer significant harm if the landlord wins—they can claim this equitable estoppel defense.
Additionally, a squatter can claim "promissory estoppel," which is sometimes synonymous with equitable estoppel . Promissory estoppel protects a squatter who promises to pay rent but is unable to do so because the landlord fails to provide some type of consideration in exchange for the rent. California recognizes this statute. Nevada does not.
There is no express promissory estoppel statute in Nevada, but some courts have applied the doctrine in an exception to the general rule that only valid contracts may be enforced. There are three factors considered: (1) whether there was a change of position by the promisee, (2) whether injustice can be avoided, and (3) whether the promisee’s reliance was reasonable.
However, because Nevada has not explicitly adopted the promissory estoppel exception, it is uncertain whether Nevada would permit a promissory estoppel claim when the elements of a contract cannot be met, such as when there is no clear and definite offer or agreement.
Ways to Prevent Squatting on Your Property
Squatting abhors a vacuum, and that principle is very much true on Nevada properties. If you leave the door open, or forget to lock the window, the trend in recent decades suggests that your home may become someone’s home sweet home. Strategies to discourage and prevent squatting on your property may include: Security Measures: Security measures may be the most basic and effective way to discourage and prevent squatting. To deter potential squatters, check for holes in fences, broken locks and leaky windows. Security lighting, cameras and alarms may also help reduce the possibility of squatting on your property. Lease Agreements: As a property owner, you can protect yourself and your property from squatters by combating their entry at the outset. If you lease or rent property, it’s important to require all tenants and guests to sign a written lease agreement that clearly states the rules of the property. Rules may include requiring all guests to be registered and to be accompanied by a tenant, prohibiting non-tenant guests from spending the night, and other restrictions. Physical Barriers: Physical barriers may also be useful to prevent entry into your property. For example, gates and locked fences will deter entry on foot. Another strategy is to post "No Trespassing" signs near areas of your property that are particularly susceptible to squatting.
Squatting may not be a real estate reality you are familiar with, but by using this information it’s easy to provide yourself with the protection you need to help prevent unauthorized occupants.
Recent Updates to Nevada Squatter Laws
Recently, there have been efforts at both the legislative and judicial levels to address this issues. Most recently, on July 1, 2023, Assembly Bill 135 and Senate Bill 93 went into effect in Nevada. These bills extensively amended NRS 40.130 and 40.140 related to unlawful detainer (i.e., eviction) actions.
Under these bill, the unlawful detainer process has been modified to allow a justice court to issue a judgment for possession of property against an occupant without a trial. Specifically, the bills added new definitions for "violation of lawful detainer," "lawful detainer" and "occupant," and created a new "simplified unlawful detainer action." An unlawful detainer occurs when a tenant breaches a rental agreement and does not vacate the property upon being sent a notice to do so.
To commence an unlawful detainer "simplified action," an owner must complete a form (in English and Spanish) and. The form now requires no further attachments – such as a rental agreement, notice of breach, rent ledger or eviction filing fees . The form must be served on the occupant personally or through conspicuous leaved at the property. If the occupant does not respond to the summons (or if service cannot be accomplished), a default judgment, awarding possession to the plaintiff, may be entered. If the occupant does respond to the summons and contests the unlawful detainer, a trial will be set no later than 15 business days after the answer was filed.
Defenses to an unlawful detainer action have also been pared down. For instance, an occupant attempting to oppose an unlawful detainer action may not use a written rental agreement to prove he or she is not a squatter unless the agreement is dated not more than 180 days before the date of the eviction hearing or judgment. Further, the occupant may now only defend against an unlawful detainer action by showing that he or she is not a squatter, that the rental agreement was not violated, or that the unlawful detainer was not finished within one month of the breach.