Nev. Rev. Stat. §§ 40.215–40.425 § 40.412

Housebreaking and unlawful occupancy: When owner may retake possession and change locks; notice required.

In Force
Verified 9/22/2026 · Next check 9/29/2026
effective 9/22/2026NevadaLockouts & Self-Help

Operative Text

Nev. Rev. Stat. §§ 40.215–40.425 § 40.412
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.
Source: Legislative text reproduced verbatim
Plain English

Nevada Revised Statutes § 40.412 establishes a specific process by which a dwelling owner may retake possession and change locks without a full eviction proceeding, but only under narrow circumstances: all known adult unauthorized occupants must have been arrested for housebreaking or unlawful occupancy, and any minor occupants must be in state custody. When those conditions are met, the owner must post a detailed written notice on the dwelling and file a copy with the court within one day of changing the locks. The notice must remain posted for at least 21 calendar days, during which time the displaced occupant retains the right to contest the lockout in court and to recover personal property left behind. Unauthorized reentry without a court order is itself a criminal offense under this provision.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 22, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Nev. Rev. Stat. § 40.412 should understand that this self-help remedy is available only in the precise circumstances the statute describes — namely, the arrest of all known adult unauthorized occupants for housebreaking or unlawful occupancy and the state taking custody of any minors. A compliant operator posts the required written notice on the dwelling at the time locks are changed, ensuring the notice includes all elements listed in subsection 2, and files a copy with the appropriate court no later than one business day afterward. Operators also maintain safe storage of any personal property left on the premises for the full 21-day window and document reasonable inventory, moving, and storage costs before releasing belongings, as the statute permits recovery of those costs.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under Nev. Rev. Stat. § 40.412, even an occupant who has been locked out under this provision retains meaningful procedural rights: the posted notice must advise the occupant of the right to contest the lockout by filing a verified complaint for reentry with the court within 21 calendar days of the date shown on the notice. Separately, personal property left in the dwelling must be stored safely by the owner, and an occupant may file an affidavit with the court pursuant to NRS 40.414 within that same 21-day period to seek its return. Occupants who believe the conditions of § 40.412 were not properly met — for example, that not all adult occupants were arrested — may raise that as a basis for contesting the lockout, and tenant-rights organizations or legal aid services can help explain the complaint process.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 22, 2026
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References Out

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Related Rules

§ 27
Jurisdiction of courts to restrain violation of Secs. 23 to 26; applicability of other laws to requests to change locks
§ 18
Entry into land; legal proceedings required to recover possession of land or tenements; jurisdiction
§ 5-3-12-1
LOCKOUTS PROHIBITED

Source Information

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