A vacant property can quickly turn into a squatter’s new home, leaving Las Vegas landlords grappling with legal headaches. Squatting, though often illegal, can spiral into a serious issue if not handled promptly and effectively.
Squatters may claim adverse possession rights, which, under Nevada law, can lead to legal ownership if specific conditions are met. Without the proper knowledge, landlords can find themselves overwhelmed, trying to navigate unfamiliar terms like "continuous possession" or "unlawful detainer lawsuits." Understanding these concepts is the first step to protecting your investments.
The good news? You’re not alone. Armed with the right strategies and legal know-how, you can prevent squatters from exploiting your property or reclaim it quickly if the situation arises.
This blog will walk you through everything you need to know about squatter's rights in Nevada, preventive measures, and legal actions.
A. Distinguishing Between Squatters and Holdover Tenants
As a landlord, distinguishing between squatters and holdover tenants is essential because the legal actions required to resolve these situations are vastly different. While both involve unauthorized occupancy of a property, their legal status and the remedies available are not the same.
What Are Holdover Tenants?
Holdover tenants are renters who continue to occupy a property after their lease agreement has expired without signing a new lease or formally renewing their tenancy. They initially had a legitimate rental agreement with the landlord, making their occupancy lawful at one point.
In many cases, the landlord can choose to accept the holdover tenant as a month-to-month renter or proceed with the formal eviction process to regain possession of the property.
What Are Squatters?
Squatters are individuals who occupy a property without any lawful permission from the owner. Unlike holdover tenants, squatters have no prior agreement or legal relationship with the landlord. They have no lease or rental agreement, and their presence is unauthorized from the start.
If squatters meet specific legal criteria, such as continuous possession and paying property taxes, they may claim ownership through adverse possession laws.
B. What Landlords Need to Know About Adverse Possession in Nevada
Adverse possession allows a squatter to claim ownership of a property if specific legal requirements are met. This isn’t an automatic process—it requires strict adherence to Nevada law. Below, we break down the essential conditions for adverse possession so landlords can better understand how to protect their property:
1. Open and Notorious
Their occupancy must be evident to anyone, including the rightful owner. If a squatter hides or tries to remain unnoticed, their claim doesn’t qualify as adverse possession.
2. Continuous Possession
Continuous possession refers to uninterrupted property occupancy for a legally required period of five years in Nevada. During this time, squatters who don't abandon the property can gain legal property rights.
Gaps in occupancy allow the rightful owner to reclaim their property and invalidate the squatter’s claim. For landlords, regularly checking on vacant properties can disrupt a squatter’s attempt to establish continuous possession.
3. Hostile or Without the Owner’s Permission
Permission from the property owner completely invalidates an adverse possession claim. For instance, if the owner granted temporary access, the squatter cannot later claim adverse possession.
4. Exclusive Possession
The squatter must be the sole occupant of the property. Sharing the space with the owner or others without a clear claim weakens their case for adverse possession.
5. Payment of Property Taxes
Squatters in Nevada are required to pay property taxes during the required continuous possession period (five years). This is often critical for the court to consider their claim credible.
Important Note: In Nevada, you can pursue adverse possession even without the color of the title as long as you meet the other essential requirements. The state focuses on the actual possession of the property, not necessarily the legality of the initial entry.
C. A Step-by-Step Guide to Remove Squatters in Your Property
Discovering squatters in your Las Vegas property can be alarming and frustrating. However, acting swiftly and legally is the key to resolving the situation without escalating the problem:
Step 1: Serve a Notice to Surrender
The first step is to provide a written notice demanding the squatters vacate the property. This establishes formal communication and provides evidence that you’ve requested their removal. You must deliver the notice personally, post it on the property, or send it via certified mail. Be sure to keep copies for your records. The notice should state:
- The property address.
- A clear demand for them to vacate.
- A reasonable deadline (e.g., 3 to 5 days) to comply.
Step 2: File an Unlawful Detainer Lawsuit
If the squatters ignore your notice to surrender, the next step is to initiate legal action by filing an unlawful detainer lawsuit. This legal action allows landlords to evict squatters through the court system. The process usually involves filing a lawsuit, serving summons and complaints to the squatters, attending court hearings to present evidence, and obtaining a court order for eviction.
Important Note: During this process, avoid any actions that could be perceived as harassment or illegal self-help measures, like locking the squatters out or removing their belongings.
Step 3: Involve Law Enforcement
Squatters can sometimes be charged with a gross misdemeanor, particularly if they entered the property forcibly or caused damage. When this happens, make sure to report the criminal offense to your local police department and cooperate fully with law enforcement during their investigation. Provide evidence, such as proof of property ownership and the absence of a rental agreement.
Limitations: Law enforcement may require a court order before taking action unless there’s clear evidence of criminal trespass.
Step 4: Seek Legal Counsel
Handling squatters can involve complex legal nuances, especially when adverse possession claims or continuous possession periods are in question. Consulting an attorney ensures you follow the correct legal procedures and protect your property rights.
A legal expert can help you draft notices and court filings, represent you in court during unlawful detainer proceedings, and provide advice on how to avoid future squatter issues.
D. How Landlords Can Prevent Squatters in Las Vegas
An ounce of prevention is worth a pound of cure, especially when it comes to squatters. Here are proactive steps you can take to safeguard your property:
- Secure vacant dwellings: Install high-quality locks, security cameras, and alarm systems.
- Inspect your property regularly: Frequent visits deter squatters and catch issues early.
- Post written notices: Clearly state that unauthorized occupancy is prohibited.
- Pay property taxes: Keeping property taxes up to date ensures squatters can’t use this loophole.
- Work with a property management company: Professional managers can monitor your property, handle tenants, and deal with potential squatters before they become a problem.
Secure Your Property with Proactive Squatter Prevention Tactics
Dealing with squatters in Nevada is a delicate process, and mishandling it could lead to legal troubles for you as a landlord. Squatters gain strength in their claims the longer they remain undisturbed. It can be stressful, but knowing the law and taking proactive measures can protect your property. Remember, Nevada squatting laws are designed to balance the legal property rights of property owners and occupants, but swift action and professional guidance are your best defense.
At Avalon Realty and Oaktree Management, we specialize in protecting Las Vegas landlords from the challenges of unlawful occupancy. Our services include:
- Routine property inspections to prevent squatters from settling in.
- Comprehensive tenant screening to reduce the risk of unauthorized occupants.
- Legal support to handle disputes, including unlawful detainer lawsuits.
We work closely with landlords to enforce Nevada squatting laws, handle disputes, and safeguard your investments.
Don’t wait until it’s too late! Contact us now and protect your property with our team of experts!
Bonnie is the visionary that has driven the company and culture of Avalon since 1993. Her passion is improving procedures and practices; incorporating technology and value added services for both our clients and tenants.