Existing law makes it a crime to engage in housebreaking or unlawful occupancy. (NRS 205.0813, 205.0817) Existing law also sets forth a procedure by which: (1) an owner of a dwelling that is the object of a housebreaking or unlawful occupancy may immediately retake possession and change the locks on the dwelling; and (2) an unlawful or unauthorized occupant who has been locked out of such a dwelling may seek reentry. (NRS 40.412, 40.416)
Section 1 of this bill defines the terms “squatter” and “tenant” for certain purposes relating to summary proceedings for obtaining possession of real property, a recreational vehicle or a mobile home and clarifies that a squatter is not a tenant for such purposes. Section 2 of this bill reduces the period for which: (1) an unlawful or unauthorized occupant who has been locked out of a dwelling has a right to contest the matter by filing a verified complaint seeking reentry; and (2) the owner of the dwelling is required to store the personal property of the unlawful or unauthorized occupant. Section 3 of this bill clarifies the process by which an unlawful or unauthorized occupant who has been locked out may seek the return of his or her personal property. Section 4 of this bill expands the crime of unlawful occupancy to make it unlawful to take up residence in a dwelling, regardless of whether it is uninhabited or vacant, if a person 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.