Friday October 25, 2024
Landlords are increasingly witnessing a baffling phenomenon: an empty property one day and unexpectedly, a squatter the next. Trying to force out these unauthorized occupants might seem like the right approach, however, under Nevada law, such acts of "self-help" are discouraged, and landlords can face hefty fines if they bypass the legal system. Hence, understanding the Nevada squatter eviction process is crucial for landlords who must abide by regulations to remove squatters legally from their properties. In the context of Nevada's laws pertaining to squatters, the term "squatters", or "unauthorized occupants", is specifically used to describe individuals who unlawfully enter a property that's unoccupied and establish residency there. The term also covers those individuals who break into the property and deceive others into residing in it.
It's crucial to clarify that the terminology 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.
Undoubtedly, knowing whether someone is considered a 'squatter' or a 'tenant' under Nevada law can significantly affect both the legal and practical aspects of property management. Therefore, anyone involved in the renting, leasing, owning or management of property in Nevada should have a sound understanding of these terms to prevent misunderstandings and potential legal issues. This knowledge can help prevent unwelcome surprises, protect property rights, and maintain a harmonious relationship between tenants and landlords.
Gaining in-depth knowledge about the comprehensive process of Nevada squatter eviction plays a critical role in managing issues related to unlawful habitation. The distinctive laws of Nevada concerning squatters have identified and outlined two significant offenses. These felonies are specifically termed as "housebreaking" and "unlawful occupancy". By comprehending the nuances of the Nevada squatter eviction laws and engaging with them effectively, landlords can be better prepared to protect their properties from individuals who might attempt to occupy them without any legal permissions. Investing your time to grasp the Nevada squatter eviction process can empower you with practical strategies to handle these difficult situations and secure your estate from unwanted, unlawful occupants.
If the occupants are arrested by law enforcement for one of these two crimes and all of the occupants are removed from the property, the landlord may 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 twenty-one days and the squatters will have those twenty-one days to contact the landlord to retrieve their belongings. In addition, within twenty-four hours of posting the notice, the landlord must also file a Statement Regarding Retaking Possession with the appropriate Justice Court. Furthermore, during the twenty-one-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.
When it comes down to tenant laws, it is essential to know that landlords cannot merely change the locks if the tenants are 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 tenant then gets a period of four days to evacuate the premises.
If the tenant chooses not to vacate, further legalities are put into place. The landlord must take the next step by filing 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. Squatters are entitled to a 21-day period to collect their belongings post-eviction.
In these challenging economic times, an increasing number of property owners are encountering the issue of squatters occupying their properties. Understanding Nevada squatter eviction laws is critical for landlords to reclaim their properties legally and promptly.
A competent community association management company can guide you to the relevant subject matter experts, ensuring the eviction process for an association-owned unit is handled in compliance with Nevada's squatter eviction laws. For more support and guidance on successfully maintaining your community, contact FirstService Residential.