Nev. Rev. Stat. §§ 40.215–40.425 § 40.416
Recovery of possession by occupant who has been locked out of dwelling: Filing of verified complaint for reentry; trial; issuance of writ of restitution if lockout was unjustified; appeal; failure to comply constitutes contempt.
Operative Text
1. If the owner of a dwelling or an authorized representative of the owner locks an occupant out of the dwelling pursuant to NRS 40.412, the occupant may recover possession of the dwelling as provided in this section. 2. The occupant must file with the justice court of the township in which the dwelling is located a verified complaint for reentry, specifying: (a) The facts of the lockout by the owner of the dwelling or the authorized representative of the owner; and (b) The legal basis upon which reentry into the dwelling is warranted. 3. The court shall, after notice to both parties, hold a trial on the occupant’s verified complaint for reentry not later than 10 judicial days after the date on which the occupant files the verified complaint for reentry. 4. If the court finds that an unjustified lockout has occurred, the court must issue a writ of restitution, restoring possession of the dwelling to the occupant. 5. A party may appeal from the court’s judgment at the trial on the verified complaint for reentry in the same manner as a party may appeal a judgment in an action for forcible detainer. 6. If the owner of the dwelling or the person on whom a writ of restitution is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the owner or the person on whom the writ was served, under chapter 22 of NRS. 7. This section does not affect: (a) The right of any party to pursue a separate cause of action under this chapter or chapter 118A of NRS if the court finds that a landlord and tenant relationship exists between the parties; or (b) The rights of an owner or occupant in a forcible detainer, unlawful detainer or forcible entry and detainer action.
Nevada Revised Statutes § 40.416 establishes a court-based process by which an occupant who has been locked out under NRS 40.412 can seek to regain possession of their dwelling. The occupant files a verified complaint in justice court, and the court must hold a trial within 10 judicial days. If the court determines the lockout was unjustified, it issues a writ of restitution returning possession to the occupant, and failure to comply with that writ can constitute contempt of court. The provision preserves other legal rights both parties may have under related statutes, including landlord-tenant law under NRS Chapter 118A.
Plain English — not legal advice.
Under Nev. Rev. Stat. § 40.416, a property owner who has performed a lockout pursuant to NRS 40.412 should be prepared to respond promptly to a verified complaint for reentry filed in justice court, as a trial must occur within 10 judicial days. Operators who comply with a court-issued writ of restitution immediately avoid exposure to contempt proceedings under NRS Chapter 22. Compliant property managers also recognize that this provision does not eliminate other potential claims under NRS Chapter 118A if a landlord-tenant relationship is found to exist.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Nev. Rev. Stat. § 40.416 gives an occupant who has been locked out a specific legal path to recover possession: filing a verified complaint for reentry in the justice court of the township where the dwelling is located, describing the facts of the lockout and the legal basis for reentry. The court is required to schedule a trial within 10 judicial days, and if it finds the lockout unjustified, it must issue a writ of restitution restoring access to the dwelling. Occupants may also have additional rights under NRS Chapter 118A if a landlord-tenant relationship exists, and tenant-rights organizations can help identify which legal avenues may be relevant to a given situation.
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.
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