How to Legally Remove Squatters in Nevada: The 24-Hour Notice to Surrender Process

Discovering unauthorized strangers living inside your vacant rental home in Las Vegas, a seasonal cabin near Reno, or an inherited residence in Henderson can trigger immediate panic. However, changing the locks yourself, shutting off the electricity, or throwing the intruder's belongings onto the curb can expose you to severe civil liability. In Nevada, executing a self-help lockout can backfire if the occupant produces even a questionable lease agreement, potentially leaving you liable for statutory damages of $2,500 or actual damages under Nev. Rev. Stat. § 118A.390.

Unlike many states that force property owners through months of standard landlord-tenant litigation to remove a trespasser, Nevada enforces some of the nation's most aggressive anti-squatter statutes. While property owners sometimes confuse general property provisions or residential tenancy rules under Nev. Rev. Stat. § 118A.200, Nevada's dedicated squatter removal framework is codified under Nev. Rev. Stat. § 40.412 and Nev. Rev. Stat. § 205.0817. Understanding how to legally remove squatters in Nevada using the Notice to Surrender process and the subsequent 24-hour constable lockout order protects your real estate investment without risking a wrongful eviction lawsuit.

Distinguishing Squatters from Holdover Tenants in Nevada

Before calling law enforcement or filing court paperwork, Nevada property owners must determine the legal status of the person occupying the property. Using the wrong legal procedure gives the occupant grounds to ask the judge to dismiss your case, forcing you to restart the clock from day one.

Who Qualifies as an Unlawful Occupant (Squatter)?

Under Nev. Rev. Stat. § 205.0817, a person commits the crime of unlawful occupancy when they take up residence in an uninhabited or vacant dwelling without the permission of the owner or an authorized representative. Furthermore, breaking into a vacant structure to live there constitutes housebreaking under Nev. Rev. Stat. § 205.0813. A squatter has never had a valid lease, never had the owner's consent to move in, and often enters by forcing a back door, drilling out a deadbolt, or falling victim to a fake online rental scam run by a third-party fraudster.

Who Is Considered a Holdover Tenant or Authorized Guest?

A holdover tenant is someone who originally entered the property lawfully with the landlord's consent-whether through a written lease, an oral agreement, or an informal room-sharing arrangement-and refuses to leave after their lease expires or their permission is revoked. Similarly, a former romantic partner, family member, or caregiver who was invited to live in the home is not a squatter under Nevada law. Removing a holdover tenant requires the standard summary eviction process under Nev. Rev. Stat. § 40.253 or Nev. Rev. Stat. § 40.254, rather than the anti-squatter removal statutes.

Using the 24-Hour Notice to Surrender and Lockout Process

In everyday conversation, many Nevada landlords refer to the rapid squatter removal procedure as the "24-hour Notice to Surrender process." In strict statutory terms, the law combines two expedited mechanisms: an immediate law enforcement arrest option and a 4-judicial-day Notice to Surrender culminating in a mandatory 24-hour constable removal order under Nev. Rev. Stat. § 40.414.

Option A: Immediate Police Arrest and Retaking Possession

When you first discover unauthorized occupants in a property in Las Vegas, Henderson, or Reno, your first call should be to local law enforcement, such as the Las Vegas Metropolitan Police Department, Las Vegas or the Reno Police Department, Reno. Under Nev. Rev. Stat. § 205.0817, an occupant is presumed to know that their presence is unauthorized unless they can provide a notarized lease or credible proof of payment to the true owner. If officers find probable cause and arrest the squatter for housebreaking or unlawful occupancy, Nev. Rev. Stat. § 40.412 allows the owner to immediately retake possession and change the locks, though the squatter has 21 days to file a verified complaint for reentry if they claim the arrest was wrongful.

Option B: The 4-Day Notice to Surrender and 24-Hour Lockout Order

Frequently, patrol officers decline to make an on-the-spot arrest if the squatter presents a fake lease or claims they paid cash to a property manager, labeling the situation a "civil matter." Additionally, even after an arrest, some owners want a formal court order terminating any lingering claim of possession. In these situations, Nev. Rev. Stat. § 40.412 authorizes the owner to serve a formal Notice to Surrender requiring the occupant to vacate within 4 judicial days. Once the Justice Court judge signs the removal order, Nev. Rev. Stat. § 40.414 commands the sheriff or constable to post the order within 24 hours and physically remove the squatter within 24 hours after the posting.

Step-by-Step Process in Nevada to Remove Squatters

Whether your property is located in Clark County, Washoe County, or Carson City, Justice Courts exercise exclusive jurisdiction over summary removals, a principle reinforced by the Nevada Supreme Court in Lippis v. Peters, 112 Nev. 1008 (NV Supreme Court 1996). Generally, property owners follow these exact steps to execute a lawful removal:

Step 1: Gather Ownership Proof and Document the Intrusion

Compile your recorded grant, bargain, and sale deed, recent property tax statements, utility bills, and photographs showing how the property was secured before the break-in. If you acquired the home through an HOA foreclosure or bank sale-a scenario frequently litigated in Nevada title disputes such as Saticoy Bay LLC Series 350 Durango 104 v. Wells Fargo Home Mortgage, 133 Nev. 28 (NV Supreme Court 2017)-ensure your recorded Trustee's Deed Upon Sale is ready to prove superior title.

Step 2: Request a Law Enforcement Inspection and Incident Report

Contact the local police department or sheriff's office and request an officer to investigate a violation of Nev. Rev. Stat. § 205.0813 (housebreaking) and Nev. Rev. Stat. § 205.0817 (unlawful occupancy). Even if the responding officer declines to arrest the individuals on the spot, obtain the police event number and the names of the occupants identified by the officer.

Step 3: Draft and Serve the Four-Day Notice to Surrender

Prepare Form Notice to Surrender, Nevada, Las Vegas Justice Court, Notice to Surrender (or the equivalent form for your local township). Under Nev. Rev. Stat. § 40.414, this notice informs the occupants that they must surrender the premises within 4 judicial days (excluding Fridays, weekends, and legal holidays in courts that close on Fridays) or file an affidavit contesting the notice. Under Nev. Rev. Stat. § 40.280, the notice must be served by a licensed process server, a constable, or the sheriff-property owners cannot serve eviction or surrender notices themselves in Nevada.

Step 4: Monitor for an Occupant Contest Affidavit

During the 4-judicial-day window, the squatter may attempt to delay removal by filing Form Occupant's Affidavit/Answer, Nevada, Las Vegas Justice Court, Occupant's Affidavit/Answer to Notice to Surrender under Nev. Rev. Stat. § 40.414. If the occupant files an affidavit claiming a lawful tenancy, the Justice Court schedules an expedited hearing within 7 judicial days to examine their purported lease.

Step 5: File the Complaint for Removal in Justice Court

Once the 4 judicial days expire without the squatter vacating, file Form Complaint for Removal, Nevada, Las Vegas Justice Court, Owner's Affidavit of Complaint for Removal of Unlawful/Unauthorized Occupant at the appropriate court, such as the Las Vegas Justice Court, Las Vegas, the Henderson Justice Court, Henderson, the North Las Vegas Justice Court, North Las Vegas, or the Reno Justice Court, Reno. Attach your proof of service, recorded deed, and sworn declaration stating that you never authorized the occupant to reside on the property.

Step 6: Execute the 24-Hour Constable Lockout

If no contest affidavit was filed (or if you prevail at the hearing), the judge issues the Order for Removal of Unlawful Occupant and directs it to the local constable, such as the Clark County Constable's Office, Las Vegas. Under Nev. Rev. Stat. § 40.414, the constable posts the order in a conspicuous place on the premises within 24 hours of receipt and returns between 24 and 36 hours later to physically escort the squatters off the property while your locksmith changes the locks.

Suing for Property Damage and Handling Left-Behind Belongings

Squatters frequently leave behind severe structural damage, stripped copper wiring, broken windows, and mountains of trash. Nevada law provides specific rules for handling personal property and pursuing civil restitution after the lockout.

Storing Personal Property for 21 Days

Even after a lawful removal or lock change under Nev. Rev. Stat. § 40.412 and Nev. Rev. Stat. § 40.414, you cannot immediately throw a squatter's personal belongings into a dumpster. Under Nev. Rev. Stat. § 40.412 and Nev. Rev. Stat. § 40.414, the property owner must provide safe storage for the personal property of an unauthorized occupant for 21 calendar days following removal or surrender. You must inventory and safely store their items for 21 days, during which the occupant may reclaim them only after paying your reasonable and actual costs of inventory, moving, and storage. After 21 calendar days and proper written notice, unclaimed items may be safely disposed of without incurring liability for conversion.

Filing a Civil Lawsuit or Seeking Criminal Restitution for Property Damage

To recover the cost of repairs, cleaning, and lost rental income, property owners have three distinct legal avenues in Nevada:

• Small Claims Court: If total damages are $10,000 or less, you can sue the squatter in the Small Claims division of the local Justice Court under Nev. Rev. Stat. § 73.010.
• Justice or District Court Civil Action: For damages between $10,001 and $15,000, file a civil action in Justice Court; if property destruction exceeds $15,000, file a tort action for trespass and waste in the Eighth Judicial District Court, Clark County, Las Vegas or the Second Judicial District Court, Washoe County, Reno. Under Nev. Rev. Stat. § 11.190, the statute of limitations for injury to real property or waste is 3 years.
• Criminal Restitution: If the squatter is prosecuted by the District Attorney for unlawful occupancy (Nev. Rev. Stat. § 205.0817) or malicious destruction of property (Nev. Rev. Stat. § 206.310), request the prosecutor to include your repair invoices as mandatory criminal restitution as a condition of the defendant's sentencing.

How Much Does It Cost in Nevada?

Removing an unauthorized occupant involves mandatory statutory fees and process server expenses, though hiring an experienced real estate attorney helps prevent costly procedural dismissals:

• Process Server Fee for Notice to Surrender: Typically $50 to $125 depending on rush service and mileage.
• Justice Court Filing Fee: Generally $71 to $105 depending on the township to file the Complaint for Removal of Unlawful Occupant.
• Constable Lockout and Mileage Fee: Typically $45 to $85 paid directly to the township constable's office to post and execute the 24-hour removal order.
• Locksmith Services: Approximately $100 to $250 to rekey or replace exterior locks during the constable standby.
• Nevada Eviction Attorney Fees: Most Nevada landlord-tenant lawyers charge a flat fee of $500 to $1,200 for an uncontested Notice to Surrender removal, or $1,500 to $3,500 if the squatter files a fraudulent lease contest requiring an evidentiary hearing.

If you want to avoid costly delays or procedural errors, you can browse our directory of US attorneys to find a qualified Nevada real estate and eviction lawyer in your county.

How Long Does the Process Take?

Compared to standard evictions, Nevada's Notice to Surrender timeline is remarkably fast. Once the 4-judicial-day notice is served, the occupant has 4 judicial days to leave. Because Las Vegas and Henderson Justice Courts operate Monday through Thursday, 4 judicial days equate to roughly 6 to 7 calendar days. If no contest is filed, the judge typically signs the order within 1 to 2 business days, and the constable completes the physical lockout within 24 to 48 hours of receiving the order. In total, an uncontested removal in Nevada takes 8 to 14 calendar days from start to finish. If the squatter files an opposing affidavit, the mandatory hearing adds roughly 7 to 10 calendar days to the timeline.

Frequently Asked Questions (FAQ)