Someone is living in my property without permission (squatters)
Nevada gives owners two fast ways to get an unlawful occupant out without a full eviction: retake the home after police arrest everyone in it, or serve a 4-day Notice to Surrender and ask the justice court for a removal order. Neither one works if you ever rented to the person, so then you need an eviction instead.
First, check which process fits
Did you ever have a landlord-tenant deal with this person? If you ever took rent
from them or agreed to let them live there as a tenant, the removal process is not for you. Use
the eviction process instead: see I got an eviction notice for how
eviction works in Clark County.
Did someone "rent" them your house without your permission? Scammers sometimes
move people into empty homes on a fake lease. Those people can still be treated as unauthorized
occupants, but the judge can give someone who moved in peacefully on an invalid lease, fraud or
a third person's lie up to 20 days to leave and take their things (NRS 40.414(6)(d)(2)).
Path A: after an arrest. If police arrest every adult occupant for housebreaking
or unlawful occupancy and any children are taken into state custody, you may change the locks
and retake the home right away (NRS 40.412(1)). This does not apply if anyone is still living
there (NRS 40.412(4)).
Path B: civil removal. With or without an arrest, you serve a written Notice to
Surrender, and if they don't leave you file a complaint asking the court to order the sheriff or
constable to remove them (NRS 40.414). The two paths can overlap: if police don't come when you
need them, you can start civil removal.
Path A: retaking the home after an arrest
1. Change the locks and post the notice. When you retake the home, post a Notice
of Owner's Retaking Possession and/or Changing of the Locks on it. The notice must give the
address, the court that handles the matter, the date you took possession, and tell the occupant
they can contest it by filing a verified complaint for reentry within 21 calendar days, that
reentering without a court order is a crime, and how their belongings will be stored
(NRS 40.412(2)). Make two copies: one to post, one to file.
2. Leave it up 21 days and file a copy within 1 day. The notice stays posted for
at least 21 calendar days. File a copy with the justice court for the township where the home is
no later than 1 day after you change the locks, with the Owner's Statement giving an address
where papers can be served on you (NRS 40.412(3)).
3. Store what they left behind. Keep their belongings safe for 21 calendar days
from the date you took possession. You may charge the reasonable, actual costs of inventory,
moving and storage before handing things back. If you get an affidavit or notice of hearing in
that time, keep the property until the court decides (NRS 40.412(2)(d)(4)).
4. If the occupant fights it. The occupant files a verified complaint for reentry
in justice court and serves it on you at the address in your statement. The court must hold a
trial within 10 judicial days after it is filed. If the court finds the lockout was unjustified,
it issues a writ of restitution putting the occupant back in, and refusing to obey it is contempt
of court (NRS 40.416(2)-(4), (6)). Either side can appeal (NRS 40.416(5)).
Path B: civil removal with a Notice to Surrender
1. Fill out the Notice to Surrender. It must name the court that has the case and
tell the occupant: they can contest it by filing an affidavit before the court closes on the
fourth judicial day after service; the court may order the sheriff or constable to remove them
within 24 hours of getting the order; and how their belongings will be stored and released
(NRS 40.414(3)). Use the Henderson form if the property is in Henderson Township and the general
form everywhere else. Keep a copy.
2. Serve it the right way, in order. Hand it to the occupant in front of a
witness. If they are not there, leave it with someone of suitable age and discretion at the
property and mail a copy there. Only if no such person can be found, post it somewhere
conspicuous on the property and mail a copy there. If you don't know their name, address it to
"Current Occupant." A sheriff, constable or licensed process server does not need a witness
(NRS 40.280(2)). Fill out the declaration of service on your copy.
3. Count 4 judicial days. Don't count the day of service, weekends or court
holidays. Within that time the occupant can leave, ask the court for a stay, or file an
affidavit contesting the notice and mail a file-stamped copy to you (NRS 40.414(4)). If they
leave, you can't file for removal (NRS 40.414(4)(a)).
4. File the owner's complaint. If they are still there when the notice runs out,
file the Owner's Affidavit of Complaint for Removal with the justice court for the township where
the property is. It must give the date they entered (or when you found out), the specific facts,
a copy of the notice, and proof you served it (NRS 40.414(5)). Proof of service must be on file
before the court can order removal (NRS 40.280(4)). If the occupant already filed an affidavit,
use the same case number.
5. The court decides. If no affidavit was filed on time and your complaint shows
a forcible entry or detainer, the court must order removal. If the occupant's affidavit raises no
legal defense, the court can rule without a hearing. If it does raise one, a hearing must be held
within 7 judicial days after your complaint is filed (NRS 40.414(6)). If the judge finds a real
legal defense, you get no relief here and have to use the regular court process
(NRS 40.414(6)(d)(1)).
6. The removal. The order goes to the sheriff or constable, who removes the
occupant within 24 hours after receiving it (NRS 40.414(6)(a)-(b)). Unlike an eviction, no
24-hour notice is posted on the door first.
Deadlines
| What | Deadline | Source |
|---|---|---|
| Owner files the posted notice and statement after an arrest lockout | No later than 1 day after the locks are changed | NRS 40.412(3) |
| Retaking notice stays posted | At least 21 calendar days | NRS 40.412(3) |
| Occupant's verified complaint for reentry, or affidavit to get belongings back | Within 21 calendar days after the owner took possession | NRS 40.412(2)(d) |
| Trial on a complaint for reentry | Within 10 judicial days after it is filed | NRS 40.416(3) |
| Occupant contests a Notice to Surrender | Before the court closes on the 4th judicial day after service | NRS 40.414(3)(b), (4)(c) |
| Hearing, if the occupant's affidavit raises a legal defense | Within 7 judicial days after the owner's complaint is filed | NRS 40.414(6)(c) |
| Extra time to move out (fake lease, fraud or misrepresentation) | Up to 20 days, if the judge allows it | NRS 40.414(6)(d)(2) |
| Sheriff or constable removes the occupant | Within 24 hours after receiving the order | NRS 40.414(6) |
| Owner stores belongings left after a civil removal | 21 calendar days after removal or surrender, whichever comes first | NRS 40.414(7)(a)-(b) |
| Occupant's motion disputing storage and moving charges after a civil removal | Within 14 calendar days after removal or surrender, whichever comes first | NRS 40.414(7)(d) |
| Bond to pause a removal order during an appeal | $250, filed with the justice court before the lockout; a fee waiver does not cover it | NRS 40.385(2) |
Read 2026-10-27 from NRS chapter 40 (sections 40.280, 40.385, 40.412, 40.414 and 40.416) as posted by the Nevada Legislature, and from the Civil Law Self-Help Center's Squatters & Removals pages. Judicial days leave out weekends and court holidays.
If you are the one being removed
1. Act inside the 4 judicial days. To contest a Notice to Surrender, file the
Occupant's Affidavit/Answer with the justice court named on the notice, explain why you are not
guilty of forcible entry or detainer, and mail a file-stamped copy to whoever gave you the
notice (NRS 40.414(4)(c)). File a Certificate of Service showing you mailed it.
2. Ask for extra time in the same paper. Your answer is your chance to ask for a
stay or up to 20 more days to move (NRS 40.414(4)(b), (6)(d)(2)). Filing does not guarantee a
hearing: you need to state a legal defense, for example a real lease or rental agreement with
the owner.
3. If you were locked out after an arrest. File the Occupant's Verified Complaint
for Reentry within 21 calendar days of the lockout date on the posted notice and serve it on the
owner at the address they gave the court (NRS 40.412(2)(d)(2)). Do not go back in without a
court order.
4. Getting your belongings back. The owner can make you pay reasonable, actual
storage and moving costs first. If you think the charges are wrong, file the motion to contest
the lien. After a civil removal that motion is due within 14 calendar days after you left or were
removed (NRS 40.414(7)(d)). Vehicles are handled under Nevada's abandoned vehicle law
(NRS 40.414(7)(c)).
5. Appealing a removal order. File a notice of appeal with the justice court
right away. To stop the removal while you appeal, you must also file a $250 bond before you are
locked out (NRS 40.385(2)). Once the lockout happens, there is no more time. If you can't pay the
filing fees, ask for a fee waiver, which does not cover the bond.
Forms
All forms are free PDFs from the Civil Law Self-Help Center. File them with the justice court for the township where the property is.
After an arrest
- Notice of Owner's Retaking Possession and/or Changing of the Locks (owner posts it)
- Owner's Statement Regarding Retaking Possession and/or Changing of the Locks (owner files it with the notice)
- Occupant's Verified Complaint for Reentry Following Arrest
- Occupant's Motion to Recover Personal Property & Affidavit to Contest Personal Property Lien After Arrest
- Flowchart of retaking property after an arrest
Civil removal
- Notice to Surrender: Henderson, all other courts
- Owner's Affidavit of Complaint for Removal of Unlawful/Unauthorized Occupant
- Occupant's Affidavit/Answer to Notice to Surrender and its Certificate of Service
- Occupant's Motion to Contest Personal Property Lien and for Return of Personal Property
Can't pay the filing fee?
- Justice court fee waiver: Las Vegas, Henderson, North Las Vegas
Where to go
Justice court for the township where the property is — where every removal paper
is filed. Las Vegas Justice Court is at the Regional Justice Center, 200 Lewis Ave, and also takes
filings online through eFileNV.
For Henderson, North Las Vegas and the outlying townships, see the Self-Help Center's
justice courts list,
or use court case lookup.
Constable or sheriff — can serve your Notice to Surrender (no witness needed)
and carries out removal orders. See the Self-Help Center's
constables and sheriffs page.
Free help
Civil Law Self-Help Center — Regional Justice Center, 200 Lewis Ave, 1st floor.
Free removal forms and help filling them out. Staff can't give legal advice.
Squatters & removals guide.
Legal Aid Center of Southern Nevada — free legal help for people who qualify.
lacsn.org. More options are on
Free legal help in Las Vegas.
Good to know
- Don't change the locks, shut off utilities or throw out belongings on your own unless every occupant was arrested and the home is empty. Use one of the two paths above.
- If removal is denied, you can serve a new Notice to Surrender and try again, or use the regular court process if the judge found a legal defense.
- Going to a hearing? Arrive early for security, dress conservatively, and bring the notice, proof of service, your deed or proof of ownership, and any photos. See Going to court without a lawyer.
- Thinking of renting a house? Only deal with the real owner or a known management company. Scammers "rent out" empty homes they don't own, and the people who move in can be removed.
- Things left behind after a regular eviction follow different rules. See My things were left behind.