Nevada Revised Statutes 40.412 – Housebreaking and unlawful occupancy: When owner may retake possession and change locks; notice required
1. Except as otherwise provided in subsection 4, in addition to the remedy provided in NRS 40.290 to 40.420, inclusive, when all known unlawful or unauthorized adult occupants of a dwelling have been arrested for housebreaking or unlawful occupancy and all minor occupants are taken into the custody of the State, the owner of the dwelling may retake possession and change the locks on the dwelling.
Terms Used In Nevada Revised Statutes 40.412
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Personal property: All property that is not real property.
2. At the time an owner of a dwelling retakes possession or changes the locks of a dwelling pursuant to subsection 1, the owner or an authorized representative of the owner shall post a written notice on the dwelling. The notice must:
(a) Identify the address of the dwelling;
(b) Identify the court that has jurisdiction over any matter relating to the dwelling;
(c) Identify the date on which the owner took possession of the dwelling pursuant to subsection 1 or changed the locks; and
(d) Advise the unlawful or unauthorized occupant that:
(1) One or more locks on the dwelling have been changed as the result of an arrest for housebreaking or unlawful occupancy.
(2) The unlawful or unauthorized occupant has the right to contest the matter by filing a verified complaint for reentry with the court within 21 calendar days after the date indicated in paragraph (c). The complaint must be served upon the owner of the dwelling or the authorized representative of the owner at the address provided to the court with the filing of the written notice pursuant to subsection 3.
(3) Reentry of the property without a court order is a criminal offense, punishable by up to 4 years in prison.
(4) Except as otherwise provided in this subparagraph, the owner of the dwelling shall provide safe storage of any personal property which remains on the property. The owner may dispose of any personal property which remains on the property after 21 calendar days from the date indicated in paragraph (c) unless within that time the owner receives an affidavit or notice of hearing pursuant to NRS 40.414. The unlawful or unauthorized occupant may recover his or her personal property by filing an affidavit with the court pursuant to NRS 40.414 within 21 calendar days after the date indicated in paragraph (c). The owner is entitled to payment of the reasonable and actual costs of inventory, moving and storage before releasing the personal property to the occupant.
3. The notice posted pursuant to subsection 2 must remain posted on the dwelling for not less than 21 calendar days. A copy of the notice must be filed with the court not later than 1 day after any locks are changed on the dwelling and must be accompanied by a statement which includes an address for service of any documents on the owner of the dwelling or an authorized representative of the owner.
4. This section does not apply if one or more unlawful or unauthorized occupants is occupying the dwelling.
5. As used in this section:
(a) ’Housebreaking’ has the meaning ascribed to it in NRS 205.0813.
(b) ’Unlawful occupancy’ has the meaning ascribed to it in NRS 205.0817.