Nevada § 40.412 - Housebreaking and unlawful occupancy: When owner may retake possession and change locks; notice required

§ 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. 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 .