“Squatting” in Las Vegas, Nevada – When is it a crime?

1. Is “squatting” illegal in Nevada?

NRS § 205.0817 is the Nevada statute that makes squatting a crime. Also called unlawful occupancy, squatting is defined as living in another person’s empty home (dwelling) without the owner’s or his/her representative’s permission.

The language of NRS § 205.0817 reads as follows:

1. A person who takes up residence in an uninhabited or vacant dwelling and knows or has reason to believe that such residency is without permission of the owner of the dwelling or an authorized representative of the owner is guilty of unlawful occupancy.

2. A person is presumed to know that the residency described in subsection 1 is without the permission of the owner of the dwelling or an authorized representative of the owner unless the person provides a written rental agreement that:

(a) Is notarized or is signed by an authorized agent of the owner who at the time of signing holds a permit to engage in property management pursuant to chapter 645 of NRS; and

(b) Includes the current address and telephone number of the owner or his or her authorized representative.

3. A person convicted of unlawful occupancy is guilty of a gross misdemeanor. A person convicted of unlawful occupancy and who has been convicted three or more times of unlawful occupancy is guilty of a category D felony and shall be punished as provided in NRS 193.130.

4. A person who is accused of unlawful occupancy pursuant to subsection 1 and has previously been convicted two times of housebreaking, unlawful occupancy or any lesser included or related offense, or any combination thereof, arising from the same set of facts is presumed to have obtained residency of the dwelling with the knowledge that:

(a) Any asserted lease is invalid; and

(b) Neither the owner nor an authorized representative of the owner permitted the residency.

(Added to NRS by 2015, 3137; A 2017, 2158)

Typically, squatting in Nevada is a gross misdemeanor punishable by up to 364 days in jail and up to $2000.00 in fines. But if you have three or more prior convictions, you can be charged with a Category D felony, with up to 4 years in prison and up to $5000.00 in fines.

Nevada squatting laws have no “breaking and entering” requirement. People who lawfully go on private property become squatters if they move in without permission. Nevada law presumes suspected squatters do not have the owner’s permission. This is unless the suspected squatter has a rental agreement. And this agreement must both:

• Be notarized or signed by the owner or authorized representative; and
• Include the current address and phone number of the owner or authorized representative

NRS 205.0817 does not pertain to people who squat in commercial buildings or cars, only dwellings. People who live in non-dwellings may face other charges, such as trespass or burglary (discussed below in section 7).¹

2. What are the penalties?

Squatting is a gross misdemeanor in Nevada. The punishment is:

• Up to 364 days in jail, and/or
• Up to $2,000 in fines

However, violating Nevada squatting laws becomes a category D felony if the defendant has three or more prior NRS 205.0817 convictions. The sentence is:

1 – 4 years in Nevada State Prison, and/or

• Up to $5,000 in fines (at the judge’s discretion)²

3. What are common defenses?

The best defense turns on the facts of the case. Three typical defense strategies to Nevada squatting charges are:

1. The defendant had the owner’s permission to live in the dwelling;
2. The defendant reasonably believed he/she had the owner’s permission to live in the dwelling;
3. The defendant spent time in the dwelling but did not live there; or
4. The location was not a “dwelling.”

Another possible defense to unlawful occupancy charges is that the police committed an illegal search of the dwelling. If so, the defendant can ask the court to disregard (“suppress“) any evidence they found. If the judge agrees, the D.A. could drop the case for lack of proof.

Potential evidence in NRS 205.0817 cases include:

• Recorded phone calls, emails, or texts between the property owner and the alleged squatter;
• Eyewitness accounts; and
• Video surveillance footage

4. How does Las Vegas’s homeless ban affect squatters?

It is now a misdemeanor to camp or sleep on downtown Las Vegas streets. The only exception is if there are no available shelter beds. The penalties for camping on the street are:

• Up to 6 months in jail, and/or
• Up to $1,000 in fines³

Camping or sleeping on streets is technically not “squatting.” This is because streets are not a “dwelling.”

However, this controversial homeless ban may have the effect of encouraging more squatting. If homeless people can no longer sleep on the streets, they may feel forced to find a vacant home to take refuge in.

Homeless people in Las Vegas can find available shelter beds here.

5. Can the record be sealed?

Nevada squatting convictions are sealable. But there is a waiting period depending on the charge:

Learn how to get a criminal record seal in Nevada.

6. What are the immigration consequences?

The law is unclear about whether squatting is deportable. Therefore, non-citizens charged with unlawful occupancy should seek an attorney.

An attorney can evaluate whether the case threatens the defendant’s resident status. If so, the attorney may be able to persuade the D.A. to dismiss or reduce the charge to a non-deportable offense.

7. What other charges do squatters face?

Depending on the circumstances of the case, Nevada prosecutors may also bring the following charges against suspected squatters:

Housebreaking

Housebreaking (NRS 205.0813) is forcibly entering an uninhabited or vacant dwelling. The intruder knows he/she does not have the owner’s permission. The intruder intends for the dwelling to be a residence.

A first-time offense is a gross misdemeanor. Any successive offense is a category D felony.

Unlawful Reentry

Unlawful reentry (NRS 205.082) occurs when:

1. A property owner has lawfully recovered possession of the property from the defendant; and
2. The defendant goes back onto the property without permission

Unlawful reentry is a gross misdemeanor.

Burglary

Burglary (NRS 205.060) is entering a structure or vehicle intending to steal, assault, or commit a felony. The defendant does not need to break in. Burglary is a category B felony.

Trespass

Trespass (NRS 207.200) is defined as either:

• Going on another’s property with the intent to annoy or commit a crime; or
  
• Willfully going on or remaining on another’s property after having been warned to stay away

Trespass is a misdemeanor.

8. What rights do squatters have in Nevada?

Squatters in Nevada can lawfully claim ownership of the property they are squatting on if they live there uninterrupted for five years and have proof of paying property taxes the entire time. This process is called obtaining property by adverse possession.

Predictably, it is rare for squatters to gain title to property by adverse possession. Landowners typically keep tabs on their property and usually find and eject squatters well within the five-year time period.⁵

In California? Learn about Penal Code 647e PC.

Additional Resources

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

• 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.
• Help of Southern Nevada – Helps people find housing and training.
• U.S. Dept. of Housing and Urban Development (HUD) – Provides links to homelessness resources in Nevada, including HUD offices.