Nevada SB 202: Revises provisions relating to real property. (BDR 15-729)

Bill Text

(Reprinted with amendments adopted on April 17, 2025)
FIRST REPRINT S.B. 202
- *SB202_R1*

SENATE BILL NO. 202–SENATORS ELLISON,
STONE; AND STEINBECK

FEBRUARY 12, 2025
____________

Referred to Committee on Judiciary

SUMMARY—Revises provisions relating to real property.
(BDR 15-729)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to real property; making it unlawful to procure or
offer a false or forged written rental agreement for
purposes of committing the crime of housebreaking or
unlawful occupancy; expanding the crime of unlawful
occupancy under certain circumstances; defining 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; reducing the period for seeking
reentry of a dwelling and the return of personal property
contained therein under certain circumstances; providing
penalties; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law makes it a crime to engage in housebreaking or unlawful 1
occupancy. (NRS 205.0813, 205.0817) Under existing law, a person commits the 2
crime of housebreaking if the person forcibly enters an uninhabited or vacant 3
dwelling with the intent to take up residence or provide residency to another and 4
knows or has reason to believe that such residency is without the permission of the 5
owner of the dwelling or an authorized representative of the owner. (NRS 6
205.0813) Under existing law, a person commits the crime of unlawful occupancy 7
if the person takes up residence in an uninhabited or vacant dwelling and knows or 8
has reason to believe that such residency is without permission of the owner of the 9
dwelling or an authorized representative of the owner. (NRS 205.0817) Sections 1 10
and 2 of this bill make it unlawful to intentionally procure or offer a false or forged 11
written rental agreement for purposes of committing the crime of housebreaking or 12
unlawful occupancy. Section 2 also expands the crime of unlawful occupancy to 13

– 2 –

- *SB202_R1*
make it unlawful to take up residence in a dwelling, regardless of whether it is 14
uninhabited or vacant, if a person knows or has reason to believe that such 15
residency is without permission of the owner of the dwelling or an authorized 16
representative of the owner. 17
Existing law sets forth a procedure by which: (1) an owner of a dwelling that is 18
the object of a housebreaking or unlawful occupancy may immediately retake 19
possession and change the locks on the dwelling; and (2) an unlawful or 20
unauthorized occupant who has been locked out of such a dwelling may seek 21
reentry. (NRS 40.412, 40.416) Section 2.3 of this bill defines the terms “squatter” 22
and “tenant” for certain purposes relating to summary proceedings for obtaining 23
possession of real property, a dwelling or dwelling unit, a recreational vehicle or a 24
mobile home and provides that a squatter is not a tenant for such purposes. Section 25
2.5 of this bill reduces the period for which: (1) an unlawful or unauthorized 26
occupant who has been locked out of a dwelling has the right to contest the matter 27
by filing a verified complaint for reentry; and (2) the owner of the dwelling is 28
required to store the personal property of the unlawful or unauthorized occupant 29
before disposing of it. Section 2.7 of this bill clarifies the process by which an 30
unlawful or unauthorized occupant who has been locked out may seek the return of 31
the personal property of the occupant. 32

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 205.0813 is hereby amended to read as 1
follows: 2
205.0813 1. A person who forcibly enters an uninhabited or 3
vacant dwelling, who knows or has reason to believe that such entry 4
is without permission of the owner of the dwelling or an authorized 5
representative of the owner or who intentionally procures or offers 6
a false or forged written rental agreement, and who has the intent 7
to take up residence or provide a residency to another therein is 8
guilty of housebreaking. 9
2. A person is presumed to know that an entry described in 10
subsection 1 is without the permission of the owner of the dwelling 11
or an authorized representative of the owner unless the person 12
provides a written rental agreement that: 13
(a) Is notarized or is signed by an authorized agent of the owner 14
who at the time of signing holds a permit to engage in property 15
management pursuant to chapter 645 of NRS; and 16
(b) Includes the current address and telephone number of the 17
owner or his or her authorized representative. 18
3. A person convicted of housebreaking is guilty of: 19
(a) For a first offense, a gross misd