Existing law makes it a crime to engage in housebreaking or unlawful occupancy. (NRS 205.0813, 205.0817) Under existing law, a person commits the crime of housebreaking if the person forcibly enters an uninhabited or vacant dwelling with the intent to take up residence or provide residency to another and knows or has reason to believe that such residency is without the permission of the owner of the dwelling or an authorized representative of the owner. (NRS 205.0813) Under existing law, a person commits the crime of unlawful occupancy if the person 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. (NRS 205.0817) Sections 1 and 2 of this bill make it unlawful to intentionally procure or offer a false or forged written rental agreement for purposes of committing the crime of housebreaking or unlawful occupancy. Section 2 also 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. Existing law 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 2.3 of this bill defines 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 and provides that a squatter is not a tenant for such purposes. Section 2.5 of this bill reduces the period for which: (1) an unlawful or unauthorized occupant who has been locked out of a dwelling has the right to contest the matter by filing a verified complaint for reentry; and (2) the owner of the dwelling is required to store the personal property of the unlawful or unauthorized occupant before disposing of it. Section 2.7 of this bill clarifies the process by which an unlawful or unauthorized occupant who has been locked out may seek the return of the personal property of the occupant.

Statutes affected:
As Introduced: 205.0813, 205.0817
Reprint 1: 205.0813, 205.0817, 40.215, 40.412, 40.416
BDR: 205.0813, 205.0817