“Unlawful Occupancy” – Is it a crime in Nevada?

Unlawful occupancy – more commonly known as “squatting” – is a gross misdemeanor crime in Nevada carrying up to 364 days in jail and/or $2,000 in fines.

However, if you have three or more prior convictions of unlawful occupancy, then any new convictions are category D felonies carrying one to four years in Nevada State Prison and up to $5,000 in fines.¹

What is “unlawful occupancy”?

For you to be convicted of “unlawful occupancy” in Nevada, prosecutors have to prove beyond a reasonable doubt the following two elements of NRS 205.0817:

1. You lived in an uninhabited or vacant dwelling, and
2. You knew – or should have known – that you did not have permission from the dwelling’s owner or authorized representative.

Nevada law presumes you knew you had no permission to reside in the home if either:

• you lacked a written lease that is notarized or signed by the homeowner or authorized representative and includes their current phone number and address; or
• you have at least two prior convictions of unlawful occupancy, housebreaking, and/or any lesser included or related offense.²

How do I fight the charges?

Here at Las Vegas Defense Group, I have represented countless people accused of property offenses including unlawful occupancy. In my experience, the following four defenses have proven very effective with prosecutors, judges, and juries at getting NRS 205.0817 charges reduced or dismissed:

1. You had the owner’s permission to live in the dwelling;
2. You reasonably believed you had the owner’s permission to live in the dwelling;
3. You may have trespassed in the dwelling, but you did live there; or
4. The property was not a “dwelling” but instead a commercial building, automobile, non-residential structure, or open land.

Typical evidence in these squatting cases include video surveillance footage of you allegedly living in the residence, your phone’s location data placing at the residence, and neighbors’ eyewitness accounts of you being at the residence.

Unlawful Occupancy vs. Housebreaking

As discussed above, unlawful occupancy in Nevada is living in a vacant dwelling without permission whether or not you broke into it. In contrast, housebreaking is breaking into an uninhabited or vacant dwelling without permission and with the intent to live there.

Therefore, you can be convicted of housebreaking even if you do not end up living in the dwelling. What matters is that you forcibly entered the dwelling with the intent to commit unlawful occupancy.

A first-time conviction of housebreaking is a gross misdemeanor carrying up to 364 days in jail and/or $2,000 in fines. Successive convictions are category D felonies carrying one to four years in prison and up to $5,000.³

Civil Consequences

Homeowners or their representatives can sue alleged squatters in Nevada. Common grounds for these lawsuits include:

• Conversion,
• Trespass,
• Nuisance,
• Damage to property, and
• Unlawful detainer.

You can be found liable and evicted through civil court whether or not you get charged with or convicted of unlawful occupancy.⁴

Additional Resources

If you are experiencing homelessness in Nevada, refer to the following for help.

• U.S. Dept. of Housing and Urban Development (HUD) – Provides links to homelessness resources in Nevada, including HUD offices.
• Help of Southern Nevada – Helps people find housing and training.
• Salvation Army of Southern Nevada – Offers shelters and case management.
• Nevada Homeless Alliance – Connects individuals to shelters, employment support, legal aid, healthcare, and basic care services.
• Help Home Hope – Helps people find shelters, food, healthcare and other services.

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Legal References