If an unauthorized person is occupying real property you intend to sell, Nevada law gives the property owner (and prospective buyers) civil and sometimes criminal remedies. This article explains how Nevada law treats unauthorized occupants, how to remove them safely and legally, and how to protect a pending sale.
Detailed Answer — Nevada law on unauthorized occupants and removal
1. First — identify the occupant’s legal status
Before taking any steps, determine whether the occupant is a tenant with a lease, a former tenant asserting tenancy, or a squatter (someone claiming no permission). The process you use depends on that status. If there is a lease or written rental agreement, Nevada landlord–tenant rules apply. If there is no agreement and the person entered without permission or stayed after permission ended, you likely face an unlawful-occupant or squatter situation.
2. Criminal vs. civil remedies
Criminal trespass or other criminal charges may apply if someone knowingly remains on property after being told to leave or if they entered by force. See Nevada statutes on crimes against property for potential criminal remedies: NRS Chapter 207 (Crimes Against Property). However, local police often treat disputes over possession as civil matters and will direct owners to use the court eviction process.
3. Normal civil route — forcible entry and detainer (unlawful detainer)
In Nevada the standard civil remedy is a dispossessory action (forcible entry and detainer or unlawful detainer) in the Justice Court where the property sits. The statutory framework for summary possession actions appears in Nevada’s forcible entry and detainer law: NRS Chapter 40. Typical steps:
- Serve a written demand to vacate. (Even if no specific statutory pre-eviction notice applies, a written demand and documented attempts to resolve help your court case.)
- If the occupant refuses, file a forcible entry and detainer/unlawful detainer action in Justice Court. Use local court forms and follow local filing procedures—Nevada courts provide eviction information online: Nevada Courts — Evictions.
- Attend the hearing. If the court grants judgment in your favor, it will issue a writ of restitution or order of possession.
- The sheriff or constable executes the writ and physically removes the occupant if they still refuse to leave.
Do not use self-help measures such as changing locks, removing the occupant’s belongings, or turning off utilities to force someone out. In Nevada, self-help evictions can create liability for wrongful eviction.
4. Adverse possession (squatters claiming title)
In rare cases a long-term occupant may assert title by adverse possession. Adverse possession claims require proof the possession was open, notorious, hostile/adverse, exclusive, and continuous for the statutory period set under Nevada law. For general limitations and related rules, see Nevada’s statutes on limitation periods: NRS Chapter 11 (Limitation of Actions). If a squatter asserts adverse possession, consult an attorney — the matter can become a complex quiet‑title lawsuit.
5. Special issues during a sale or foreclosure
If you are selling a property and an unauthorized occupant is present at closing, protect the transaction by:
- Requiring the seller to deliver vacant possession at closing under the purchase contract;
- Including escrow instructions or seller representations and remedies for failure to deliver possession;
- Delaying closing until a writ of possession is obtained and physically enforced if necessary; or
- Contracting post-closing remedies (for example, seller posts bond or credits buyer) — but consult counsel because buyer possession rights can vary, especially after foreclosure sales under the trust deed statutes: NRS Chapter 107 (Deeds of Trust).
6. Timeline and practical realities
Expect an unlawful detainer case to move faster than ordinary civil litigation, but it still takes time—often several weeks to a few months depending on local court schedules, service, and occupant resistance. If the occupant is hostile or claims rights, plan for court and sheriff involvement.
7. Evidence and documentation you will need
Prepare to present clear documentation: title/ownership records, chain of title, any leases or communications, dated notices, photos showing occupancy, proof of service attempts, police reports (if any), and escrow/purchase agreements if a sale is pending. Good documentation shortens hearings and strengthens your case.
8. When to call the police immediately
Call law enforcement if you reasonably believe a crime is occurring (forced entry, threats, violence). For non‑violent possession disputes, police may direct you to the civil eviction process. Always document police responses.
9. Consider hiring counsel
Evictions, adverse possession claims, and disputes affecting a sale can become legally and factually complex. Consulting a Nevada attorney experienced in real estate and evictions can help you choose the fastest, safest route and draft contract protections for the sale.
Helpful Hints — practical steps to remove a squatter and protect a sale
- Act promptly — delays can strengthen an occupant’s claim to continuous possession.
- Keep records of all communications, notices, and attempts to resolve.
- Never attempt a self-help eviction (changing locks, removing belongings, turning off utilities) — use the court process.
- If you intend to sell, include clear vacant-possession requirements in the purchase agreement and escrow instructions.
- Use the Justice Court unlawful detainer process for quick recovery of possession—check local court rules and available self-help forms: Nevada Courts — Evictions.
- Document ownership and chain of title before filing any action. Deliver copies to the court and opposing party where required.
- Consider a limited criminal approach only when violence or forced entry occurs; otherwise proceed civilly.
- If a squatter claims adverse possession, consult an attorney early — quiet-title litigation can be necessary to clear title before sale.
- Work with escrow to confirm buyer protections and consider escrow holds or seller remedies if possession is uncertain at closing.