Squatters vs. Tenants: How to Protect Your Vacant Henderson Home

For absentee owners and investors in Henderson, few things are more unsettling than the thought of a stranger living in your vacant property.

You may have heard horror stories: an owner arrives to check on their rental, only to find the locks changed and a stranger claiming they have a lease. In Las Vegas, where many homes sit vacant between seasonal residents or renters, “squatting” is a real concern.

But what exactly is a squatter? And more importantly, how do you get them out?

Understanding the legal difference between a squatter, a trespasser, and a tenant is critical. If you mislabel them, you could delay the removal process by weeks—or even face legal trouble yourself.

Key Takeaways

• Squatters are not tenants: They have no lease and never had permission to enter.
• Police often hesitate to intervene: Without clear proof, law enforcement may view it as a “civil matter” rather than a crime.
• “Adverse Possession” is rare but real: Squatters can technically claim ownership if they occupy a home for 5 years and pay taxes, though this is difficult to achieve.
• Prevention is the best cure: Regular inspections and “lived-in” appearances are your first line of defense.
• Professional management creates a paper trail: We document vacancies to prove illegal entry instantly.

The Legal Difference: Squatter vs. Tenant vs. Trespasser

In Nevada, the law treats these three groups very differently. Knowing the difference determines whether you can call the police or if you must go to court.

1. The Trespasser

A trespasser is someone who breaks into your property for a short period—usually to vandalize, steal, or sleep for a night. They have no intention of living there long-term and do not claim to own the place.

• Action: Police can usually remove them immediately for criminal trespassing.

2. The Squatter (Unlawful Occupant)

A squatter is a stranger who moves into a vacant home with the intention of living there. They often bring furniture, turn on utilities (illegally), and may even forge a fake lease to fool neighbors or police.

• Action: This is where it gets tricky. If they present a fake lease, police often walk away, telling you to “take it to civil court.” You then have to file a “Complaint for Removal” rather than a standard eviction.

3. The Holdover Tenant

This is not a squatter. A holdover tenant is someone you legally rented to, but who refuses to leave after their lease expires.

• Action: You must follow the standard Eviction Process (5-Day Notice, etc.). You cannot use squatter removal laws on a tenant you previously allowed in.

The Nightmare Scenario: Adverse Possession

In Nevada, if a squatter manages to stay in your home for 5 continuous years, pays the property taxes, and meets other legal requirements, they can legally claim ownership of your property. This is called Adverse Possession (NRS 11.070).

While 5 years sounds like a long time, sophisticated squatters know how to drag out legal proceedings for months, living rent-free while you pay the mortgage.

How to Prevent Squatters in Your Vacant Rental

Squatters look for easy targets: homes with overstuffed mailboxes, dead lawns, or dark windows. Here is how to make your Henderson home “squatter-proof.”

1. Make It Look Lived In

If you are between tenants, don’t let the home look abandoned.

• Keep the landscaping trimmed (or hire a service).
• Install timers on indoor lights so they turn on/off at night.
• Pick up mail and flyers regularly.

2. Secure the Perimeter

• Reinforce Windows: Ensure all ground-floor windows are locked.
• Change the Locks Immediately: The moment a tenant moves out, re-key the property. You never know who the previous tenant gave a spare key to.
• Install a Security System: A simple Ring doorbell or motion-sensor floodlight can deter 90% of intruders.

3. Inspect Weekly

The clock starts ticking the moment a squatter moves in. The sooner you catch them, the easier they are to remove. If a squatter has been there for only 48 hours, it is much easier to prove “Unlawful Occupancy” (NRS 205.0817) to the police than if they’ve been settled for a month.

How Professional Management Protects You

At The Brokerage, we take aggressive steps to protect your vacant assets. We don’t just list your home and wait for the phone to ring.

• Verified Vacancy Checks: We visit your vacant property weekly, ensuring no unauthorized entry.
• Digital Paper Trail: We document the exact date and condition of the vacancy. If a squatter breaks in, we can provide law enforcement with time-stamped proof that the home was secure days prior, helping to prove Housebreaking rather than a civil dispute.
• Rapid Re-Leasing: The best defense against squatters is a paying tenant. Our marketing strategies minimize vacancy time, leaving no window for intruders.

Bottom Line

Squatters prey on inattentive owners. If you live out of state, your vacant home is a target. Don’t leave your investment vulnerable to “professional tenants” who know the system better than you do.

Need help securing your Henderson rental?

We offer comprehensive vacancy management and tenant placement services.

Call The Brokerage today at (702) 476-6000 for a free rental security assessment.

Frequently Asked Questions

Can I turn off utilities to get a squatter out?

No. Even if they are squatters, turning off water or power is considered a “constructive eviction” and is illegal in Nevada. You can be fined heavily for this.

Can I just change the locks while they are out?

Generally, no. Unless the police have arrested them for housebreaking and given you explicit permission to retake possession, you must go through the proper court process. Changing locks prematurely can lead to the squatter suing you for damages.

How long does it take to remove a squatter in Las Vegas?

If police intervene immediately, it can take days. If it goes to civil court, it can take 4-8 weeks depending on the court’s backlog.

If you’re looking for a transparent and professional property management company in Las Vegas, The Brokerage offers competitive pricing and full-service management to help you maximize your rental investment.

Call us at (702) 476-6000 or contact us here to schedule a free consultation!