Revises provisions relating to real property. (BDR 15-729)

(Reprinted with amendments adopted on April 17, 2025)
FIRST REPRINT S.B. 202

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SENATE BILL NO. 202–SENATORS ELLISON,
STONE; AND STEINBECK

FEBRUARY 12, 2025
____________

Referred to Committee on Judiciary

SUMMARY—Revises provisions relating to real property.
(BDR 15-729)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to real property; making it unlawful to procure or
offer a false or forged written rental agreement for
purposes of committing the crime of housebreaking or
unlawful occupancy; expanding the crime of unlawful
occupancy under certain circumstances; defining the
terms “squatter” and “tenant” for certain purposes relating
to summary proceedings for obtaining possession of real
property, a dwelling or dwelling unit, a recreational
vehicle or a mobile home; reducing the period for seeking
reentry of a dwelling and the return of p ersonal property
contained therein under certain circumstances; providing
penalties; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law makes it a crime to engage in housebreaking or unlawful 1
occupancy. (NRS 205.0813, 205.0817) Under existing law, a person commits the 2
crime of housebreaking if the person forcibly enters an uninhabited or vacant 3
dwelling with the intent to take up residence or provide residency to another and 4
knows or has reason to believe that such residency is without the permission of the 5
owner of the dwelling or an authorized representative of the owner. (NRS 6
205.0813) Under existing law, a person commits the crime of unlawful occupancy 7
if the person takes up residence in an uninhabited or v acant dwelling and knows or 8
has reason to believe that such residency is without permission of the owner of the 9
dwelling or an authorized representative of the owner. (NRS 205.0817) Sections 1 10
and 2 of this bill make it unlawful to intentionally procure or offer a false or forged 11
written rental agreement for purposes of committing the crime of housebreaking or 12
unlawful occupancy. Section 2 also expands the crime of unlawful occupancy to 13

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make it unlawful to take up residence in a dwelling, regardless of whet her it is 14
uninhabited or vacant, if a person knows or has reason to believe that such 15
residency is without permission of the owner of the dwelling or an authorized 16
representative of the owner. 17
Existing law sets forth a procedure by which: (1) an owner of a dwelling that is 18
the object of a housebreaking or unlawful occupancy may immediately retake 19
possession and change the locks on the dwelling; and (2) an unlawful or 20
unauthorized occupant who has been locked out of such a dwelling may seek 21
reentry. (NRS 40 .412, 40.416) Section 2.3 of this bill defines the terms “squatter” 22
and “tenant” for certain purposes relating to summary proceedings for obtaining 23
possession of real property, a dwelling or dwelling unit, a recreational vehicle or a 24
mobile home and provides that a squatter is not a tenant for such purposes. Section 25
2.5 of this bill reduces the period for which: (1) an unlawful or unauthorized 26
occupant who has been locked out of a dwelling has the right to contest the matter 27
by filing a verified complaint for reentry; and (2) the owner of the dwelling is 28
required to store the personal property of the unlawful or unauthorized occupant 29
before disposing of it . Section 2.7 of this bill clarifies the process by which an 30
unlawful or unauthorized occupant who has b een locked out may seek the return of 31
the personal property of the occupant. 32

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 205.0813 is hereby amended to read as 1
follows: 2
205.0813 1. A person who forcibly enters an uninhabited or 3
vacant dwelling, who knows or has reason to believe that such entry 4
is without permission of the owner of the dwelling or an authorized 5
representative of the owner or who intentionally procures or offers 6
a false or forged written rental agreement, and who has the intent 7
to take up residence or provide a residency to another therein is 8
guilty of housebreaking. 9
2. A person is presumed to know that an entry described in 10
subsection 1 is without the permission of the owner of the dwelling 11
or an authorized representative of the owner unless the person 12
provides a written rental agreement that: 13
(a) Is notarized or is signed by an authorized agent of the owner 14
who at the time of signing holds a permit to engage in property 15
management pursuant to chapter 645 of NRS; and 16
(b) Includes the current address and telephone number of the 17
owner or his or her authorized representative. 18
3. A person convicted of housebreaking is guilty of: 19
(a) For a first offense, a gross misdemeanor; and 20
(b) For a second and any subsequent offense, a category D 21
felony and shall be punished as provided in NRS 193.130. 22
4. A person convicted of housebreaking and who has 23
previously been convicted three or more times of housebreaking 24

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must no t be released on probation or granted a suspension of 1
sentence. 2
5. As used in this section, “forcibly enters” means an entry 3
involving: 4
(a) Any act of physical force resulting in damage to the 5
structure; or 6
(b) The changing or manipulation of a lock to gain access. 7
Sec. 2. NRS 205.0817 is hereby amended to read as follows: 8
205.0817 1. A person who takes up residence in [an 9
uninhabited or vacant ] a dwelling and who knows or has reason to 10
believe that such residency is without permission of the owner of the 11
dwelling or an authorized representative of the owner or who 12
intentionally procures or offers a false or forged written rental 13
agreement is guilty of unlawful occupancy. 14
2. A person is presumed to know that the residency described 15
in subsection 1 is without the permission of the owner of the 16
dwelling or an authorized representative of the owner unless the 17
person provides a written rental agreement that: 18
(a) Is notarized or is signed by an authorized agent of the owner 19
who at the time of signing holds a permit to engage in property 20
management pursuant to chapter 645 of NRS; and 21
(b) Includes the current address and telephone number of the 22
owner or his or her authorized representative. 23
3. A person convicted of unlawful occupancy is guilty of a 24
gross misdemeanor. A person convicted of unlawful occupancy and 25
who has been convicted three or more times of unlawful occupancy 26
is guilty of a category D felony and shall be punished as provided in 27
NRS 193.130. 28
4. A person who is accused of unlawful occupancy pursuant to 29
subsection 1 and has previously been convicted two times of 30
housebreaking, unlawful occupancy or any lesser included or related 31
offense, or any combination thereof, arising from the same set of 32
facts is presumed to have obtained residency of the dwelling with 33
the knowledge that: 34
(a) Any asserted lease is invalid; and 35
(b) Neither the owner nor an authorized representative of the 36
owner permitted the residency. 37
Sec. 2.3. NRS 40.215 is hereby amended to read as follows: 38
40.215 As used in NRS 40.215 to 40.425, inclusive, unless the 39
context requires otherwise: 40
1. “Dwelling” or “dwelling unit” means a structure or part 41
thereof that is occupied, or designed or intended for occupancy, as a 42
residence or sleeping place by one person who maintains a 43
household or by two or more persons who maintain a common 44
household. 45

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2. “Landlord’s agent” means a person who is hired or 1
authorized by the landlord or owner of real property to manage the 2
property or dwelling unit, to enter into a rental agreement on behalf 3
of the landlord or owner of the property or who serves as a person 4
within this State who is authorized to act for and on be half of the 5
landlord or owner for the purposes of service of process or receiving 6
notices and demands. A landlord’s agent may also include a 7
successor landlord or a property manager as defined in 8
NRS 645.0195. 9
3. “Mobile home” means every vehicle, includ ing equipment, 10
which is constructed, reconstructed or added to in such a way as to 11
have an enclosed room or addition occupied by one or more persons 12
as a residence or sleeping place and which has no foundation other 13
than wheels, jacks, skirting or other temporary support. 14
4. “Mobile home lot” means a portion of land within a mobile 15
home park which is rented or held out for rent to accommodate a 16
mobile home. 17
5. “Mobile home park” or “park” means an area or tract of land 18
where two or more mobile homes or mobile home lots are rented or 19
held out for rent. “Mobile home park” or “park” does not include 20
those areas or tracts of land, whether within or outside of a park, 21
where the lots are held out for rent on a nightly basis. 22
6. “Premises” includes a mobile home. 23
7. “Recreational vehicle” means a vehicular structure primarily 24
designed as temporary living quarters for travel, recreational or 25
camping use, which may be self -propelled or mounted upon or 26
drawn by a motor vehicle. 27
8. “Recreational vehicle lot” means a portion of land within a 28
recreational vehicle park, or a portion of land so designated within a 29
mobile home park, which is rented or held out for rent to 30
accommodate a recreational vehicle overnight or for less than 3 31
months. 32
9. “Recreational vehicle park” means an area or tract of land 33
where lots are rented or held out for rent to accommodate a 34
recreational vehicle overnight or for less than 3 months. 35
10. “Short-term tenancy” means a tenancy in which rent is 36
reserved by a period of 1 week and t he tenancy has not continued 37
for more than 45 days. 38
11. “Squatter” means a person who violates the provisions of 39
NRS 205.0813 or 205.0817. Notwithstanding any other provision 40
of law, the term includes, without limitation, a person who enters 41
onto or intr udes upon real property without the permission of the 42
owner and continues to occupy the property without title, right or 43
permission of the owner or an authorized representative of the 44
owner. 45

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12. “Tenant” means an occupant of real property, a dwelling 1
or dwelling unit or a recreational vehicle or mobile home. The 2
term does not include a squatter. 3
Sec. 2.5. NRS 40.412 is hereby amended to read as follows: 4
40.412 1. Except as otherwise provided in subsection 4, in 5
addition to the remedy provided in NRS 40.290 to 40.420, inclusive, 6
when all known unlawful or unauthorized adult occupants of a 7
dwelling have been arrested for housebreaking or unlawful 8
occupancy and all minor occupants are taken into the custody of the 9
State, the owner of the dwelling may retake possession and change 10
the locks on the dwelling. 11
2. At the time an owner of a dwelling retakes possession or 12
changes the locks of a dwelling pursuant to subsection 1, the owner 13
or an authorized representative of the owner shall post a written 14
notice on the dwelling. The notice must: 15
(a) Identify the address of the dwelling; 16
(b) Identify the court that has jurisdiction over any matter 17
relating to the dwelling; 18
(c) Identify the date on which the owner took posse ssion of the 19
dwelling pursuant to subsection 1 or changed the locks; and 20
(d) Advise the unlawful or unauthorized occupant that: 21
(1) One or more locks on the dwelling have been changed as 22
the result of an arrest for housebreaking or unlawful occupancy. 23
(2) The unlawful or unauthorized occupant has the right to 24
contest the matter by filing a verified complaint for reentry with the 25
court pursuant to NRS 40.416 within [21] 5 calendar days after the 26
date indicated in paragraph (c). The complaint must be ser ved upon 27
the owner of the dwelling or the authorized representative of the 28
owner at the address provided to the court with the filing of the 29
written notice pursuant to subsection 3. 30
(3) Reentry of the property without a court order is a criminal 31
offense [,] punishable [by up to 4 years in prison. ] pursuant to 32
NRS 205.082. 33
(4) Except as otherwise provided in this subparagraph, the 34
owner of the dwelling shall provide safe storage of any personal 35
property which remains on the property. The owner may dispos e of 36
any personal property which remains on the property after [21] 5 37
calendar days from the date indicated in paragraph (c) unless within 38
that time the owner receives an affidavit or notice of hearing 39
pursuant to NRS [40.414.] 40.416. The unlawful or unauthorized 40
occupant may recover his or her personal property by filing an 41
affidavit with the court pursuant to NRS [40.414] 40.416 within [21] 42
5 calendar days after the date indicated in paragraph (c). The owner 43
is entitled to payment of the reasonable and actual costs of 44

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inventory, moving and storage before releasing the personal 1
property to the occupant. 2
3. The notice posted pursuant to subsection 2 must remain 3
posted on the dwelling for not less than [21] 5 calendar days. A 4
copy of th e notice must be filed with the court not later than 1 day 5
after any locks are changed on the dwelling and must be 6
accompanied by a statement which includes an address for service 7
of any documents on the owner of the dwelling or an authorized 8
representative of the owner. 9
4. This section does not apply if one or more unlawful or 10
unauthorized occupants is occupying the dwelling. 11
5. As used in this section: 12
(a) “Housebreaking” has the meaning ascribed to it in NRS 13
205.0813. 14
(b) “Unlawful occupancy” has t he meaning ascribed to it in 15
NRS 205.0817. 16
Sec. 2.7. NRS 40.416 is hereby amended to read as follows: 17
40.416 1. If the owner of a dwelling or an authorized 18
representative of the owner locks an occupant out of the dwelling 19
pursuant to NRS 40.412, the occupant may recover possession of 20
the dwelling and the personal property of the occupant as provided 21
in this section. 22
2. The occupant must file with the justice court of the township 23
in which the dwelling is located a verified complaint for reentry, 24
specifying: 25
(a) The facts of the lockout by the owner of the dwelling or the 26
authorized representative of the owner; and 27
(b) The legal basis upon which reentry into the dwelling is 28
warranted. 29
3. The court shall, after notice to both parties, hold a trial on 30
the occupant’s verified complaint for reentry not later than 10 31
judicial days after the date on which the occup ant files the verified 32
complaint for reentry. 33
4. If the court finds that an unjustified lockout has occurred, 34
the court must issue a writ of restitution, restoring possession of the 35
dwelling and any personal property to the occupant. 36
5. A party may appeal from the court’s judgment at the trial on 37
the verified complaint for reentry in the same manner as a party may 38
appeal a judgment in an action for forcible detainer. 39
6. If the owner of the dwelling or the person on whom a writ of 40
restitution is ser ved fails to immediately comply with the writ or 41
later disobeys the writ, the failure is grounds for contempt of court 42
against the owner or the person on whom the writ was served, under 43
chapter 22 of NRS. 44
7. This section does not affect: 45

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(a) The right o f any party to pursue a separate cause of action 1
under this chapter or chapter 118A of NRS if the court finds that a 2
landlord and tenant relationship exists between the parties; or 3
(b) The rights of an owner or occupant in a forcible detainer, 4
unlawful detainer or forcible entry and detainer action. 5
Sec. 3. This act becomes effective upon passage and approval. 6

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