SB202 - Revises provisions relating to real property. (BDR 15-729)

(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 misdemeanor; and 20 (b) For a second and any subsequent offense, a category D 21 felony and shall be punished as provided in NRS 193.130. 22 4. A person convicted of housebreaking and who has 23 previously been convicted three or more times of housebreaking 24 – 3 – - *SB202_R1* must not be released on probation or granted a suspension of 1 sentence. 2 5. As used in this section, “forcibly enters” means an entry 3 involving: 4 (a) Any act of physical force resulting in damage to the 5 structure; or 6 (b) The changing or manipulation of a lock to gain access. 7 Sec. 2. NRS 205.0817 is hereby amended to read as follows: 8 205.0817 1. A person who takes up residence in [an 9 uninhabited or vacant] a dwelling and who knows or has reason to 10 believe that such residency is without permission of the owner of the 11 dwelling or an authorized representative of the owner or who 12 intentionally procures or offers a false or forged written rental 13 agreement is guilty of unlawful occupancy. 14 2. A person is presumed to know that the residency described 15 in subsection 1 is without the permission of the owner of the 16 dwelling or an authorized representative of the owner unless the 17 person provides a written rental agreement that: 18 (a) Is notarized or is signed by an authorized agent of the owner 19 who at the time of signing holds a permit to engage in property 20 management pursuant to chapter 645 of NRS; and 21 (b) Includes the current address and telephone number of the 22 owner or his or her authorized representative. 23 3. A person convicted of unlawful occupancy is guilty of a 24 gross misdemeanor. A person convicted of unlawful occupancy and 25 who has been convicted three or more times of unlawful occupancy 26 is guilty of a category D felony and shall be punished as provided in 27 NRS 193.130. 28 4. A person who is accused of unlawful occupancy pursuant to 29 subsection 1 and has previously been convicted two times of 30 housebreaking, unlawful occupancy or any lesser included or related 31 offense, or any combination thereof, arising from the same set of 32 facts is presumed to have obtained residency of the dwelling with 33 the knowledge that: 34 (a) Any asserted lease is invalid; and 35 (b) Neither the owner nor an authorized representative of the 36 owner permitted the residency. 37 Sec. 2.3. NRS 40.215 is hereby amended to read as follows: 38 40.215 As used in NRS 40.215 to 40.425, inclusive, unless the 39 context requires otherwise: 40 1. “Dwelling” or “dwelling unit” means a structure or part 41 thereof that is occupied, or designed or intended for occupancy, as a 42 residence or sleeping place by one person who maintains a 43 household or by two or more persons who maintain a common 44 household. 45 – 4 – - *SB202_R1* 2. “Landlord’s agent” means a person who is hired or 1 authorized by the landlord or owner of real property to manage the 2 property or dwelling unit, to enter into a rental agreement on behalf 3 of the landlord or owner of the property or who serves as a person 4 within this State who is authorized to act for and on behalf of the 5 landlord or owner for the purposes of service of process or receiving 6 notices and demands. A landlord’s agent may also include a 7 successor landlord or a property manager as defined in 8 NRS 645.0195. 9 3. “Mobile home” means every vehicle, including equipment, 10 which is constructed, reconstructed or added to in such a way as to 11 have an enclosed room or addition occupied by one or more persons 12 as a residence or sleeping place and which has no foundation other 13 than wheels, jacks, skirting or other temporary support. 14 4. “Mobile home lot” means a portion of land within a mobile 15 home park which is rented or held out for rent to accommodate a 16 mobile home. 17 5. “Mobile home park” or “park” means an area or tract of land 18 where two or more mobile homes or mobile home lots are rented or 19 held out for rent. “Mobile home park” or “park” does not include 20 those areas or tracts of land, whether within or outside of a park, 21 where the lots are held out for rent on a nightly basis. 22 6. “Premises” includes a mobile home. 23 7. “Recreational vehicle” means a vehicular structure primarily 24 designed as temporary living quarters for travel, recreational or 25 camping use, which may be self-propelled or mounted upon or 26 drawn by a motor vehicle. 27 8. “Recreational vehicle lot” means a portion of land within a 28 recreational vehicle park, or a portion of land so designated within a 29 mobile home park, which is rented or held out for rent to 30 accommodate a recreational vehicle overnight or for less than 3 31 months. 32 9. “Recreational vehicle park” means an area or tract of land 33 where lots are rented or held out for rent to accommodate a 34 recreational vehicle overnight or for less than 3 months. 35 10. “Short-term tenancy” means a tenancy in which rent is 36 reserved by a period of 1 week and the tenancy has not continued 37 for more than 45 days. 38 11. “Squatter” means a person who violates the provisions of 39 NRS 205.0813 or 205.0817. Notwithstanding any other provision 40 of law, the term includes, without limitation, a person who enters 41 onto or intrudes upon real property without the permission of the 42 owner and continues to occupy the property without title, right or 43 permission of the owner or an authorized representative of the 44 owner. 45 – 5 – - *SB202_R1* 12. “Tenant” means an occupant of real property, a dwelling 1 or dwelling unit or a recreational vehicle or mobile home. The 2 term does not include a squatter. 3 Sec. 2.5. NRS 40.412 is hereby amended to read as follows: 4 40.412 1. Except as otherwise provided in subsection 4, in 5 addition to the remedy provided in NRS 40.290 to 40.420, inclusive, 6 when all known unlawful or unauthorized adult occupants of a 7 dwelling have been arrested for housebreaking or unlawful 8 occupancy and all minor occupants are taken into the custody of the 9 State, the owner of the dwelling may retake possession and change 10 the locks on the dwelling. 11 2. At the time an owner of a dwelling retakes possession or 12 changes the locks of a dwelling pursuant to subsection 1, the owner 13 or an authorized representative of the owner shall post a written 14 notice on the dwelling. The notice must: 15 (a) Identify the address of the dwelling; 16 (b) Identify the court that has jurisdiction over any matter 17 relating to the dwelling; 18 (c) Identify the date on which the owner took possession of the 19 dwelling pursuant to subsection 1 or changed the locks; and 20 (d) Advise the unlawful or unauthorized occupant that: 21 (1) One or more locks on the dwelling have been changed as 22 the result of an arrest for housebreaking or unlawful occupancy. 23 (2) The unlawful or unauthorized occupant has the right to 24 contest the matter by filing a verified complaint for reentry with the 25 court pursuant to NRS 40.416 within [21] 5 calendar days after the 26 date indicated in paragraph (c). The complaint must be served upon 27 the owner of the dwelling or the authorized representative of the 28 owner at the address provided to the court with the filing of the 29 written notice pursuant to subsection 3. 30 (3) Reentry of the property without a court order is a criminal 31 offense [,] punishable [by up to 4 years in prison.] pursuant to 32 NRS 205.082. 33 (4) Except as otherwise provided in this subparagraph, the 34 owner of the dwelling shall provide safe storage of any personal 35 property which remains on the property. The owner may dispose of 36 any personal property which remains on the property after [21] 5 37 calendar days from the date indicated in paragraph (c) unless within 38 that time the owner receives an affidavit or notice of hearing 39 pursuant to NRS [40.414.] 40.416. The unlawful or unauthorized 40 occupant may recover his or her personal property by filing an 41 affidavit with the court pursuant to NRS [40.414] 40.416 within [21] 42 5 calendar days after the date indicated in paragraph (c). The owner 43 is entitled to payment of the reasonable and actual costs of 44 – 6 – - *SB202_R1* inventory, moving and storage before releasing the personal 1 property to the occupant. 2 3. The notice posted pursuant to subsection 2 must remain 3 posted on the dwelling for not less than [21] 5 calendar days. A 4 copy of the notice must be filed with the court not later than 1 day 5 after any locks are changed on the dwelling and must be 6 accompanied by a statement which includes an address for service 7 of any documents on the owner of the dwelling or an authorized 8 representative of the owner. 9 4. This section does not apply if one or more unlawful or 10 unauthorized occupants is occupying the dwelling. 11 5. As used in this section: 12 (a) “Housebreaking” has the meaning ascribed to it in NRS 13 205.0813. 14 (b) “Unlawful occupancy” has the meaning ascribed to it in 15 NRS 205.0817. 16 Sec. 2.7. NRS 40.416 is hereby amended to read as follows: 17 40.416 1. If the owner of a dwelling or an authorized 18 representative of the owner locks an occupant out of the dwelling 19 pursuant to NRS 40.412, the occupant may recover possession of 20 the dwelling and the personal property of the occupant as provided 21 in [Text truncated for display. Full text available on LegiScan.]