Retaking of Property Following Arrest
Retaking of Property Following Arrest
When an owner or someone else discovers an unlawful occupant, they can call law enforcement to report the situation. Law enforcement will investigate and might make an arrest if law enforcement finds probable cause that the occupant is guilty of housebreaking or unlawful occupancy. If law enforcement makes an arrest, and the property is completely vacant--meaning all the people living there were either arrested or taken into state custody--then the owner can retake the property following arrest.
1. Post a Notice AFTER the arrest when property is completely vacant.
2. File a Statement at the court within 24 hours.
3. Wait to see what occupant does.
4. Attend trial (if applicable)
1. Post a Notice AFTER the arrest when property is completely vacant.
Following arrest, and when the property is completely vacant, an owner can retake possession of the property by changing the locks or in some other way.
Once the owner does that, the owner must post a Notice of Retaking Possession and/or Changing of Locks on the property. Make 2 copies of the notice: one to post at the property and one to file at the court. Leave the Notice posted for 21 days.
NOTICE OF RETAKING POSSESSION AND/OR CHANGING OF LOCKS
PDF fillable
2. File a Statement Regarding Retaking Possession within 24 hours.
Within 24 hours of posting the Notice, the owner should fill out a Statement Regarding Retaking Possession and/or Changing of Locks & Submission of Posted Notice, attach the Notice, and file those documents with the Justice Court of the township where the property is located.
OWNER'S STATEMENT REGARDING RETAKING POSSESSION AND/OR CHANGING OF LOCKS
PDF Fillable
There is a $71 filing fee. If you are unable to pay the filing fee, you can file an Application to Proceed in Forma Pauperis (sometimes called a "fee waiver application"):
JUSTICE COURT APPLICATION TO WAIVE FILING FEE
Las Vegas | Henderson | North Las Vegas
You can file the forms in one of these ways:
- Las Vegas Justice Court:
Online: You can file through the court's e-filing system, eFileNV. There is a fee of $2.50 to upload your documents. You must register for an account, you must provide a valid email address, and you must be able to scan and upload your document.
In Person: Regional Justice Center, 1st floor, 200 Lewis Avenue, in Downtown Las Vegas. Mon - Thurs, 7am - 5pm, excluding holidays.
- Other Justice Courts: Visit our Justice Courts page for links and information on options to file.
3. Wait to see what occupant does.
If the occupant wants to get back onto the property, the occupant can file a Verified Complaint for Reentry within 21 days of the date the owner retook possession of the property or changed the locks. The Verified Complaint must be served on the owner at the address that the owner provided on the Statement Regarding Retaking Possession and/or Changing of Locks.
OCCUPANT'S VERIFIED COMPLAINT FOR REENTRY FOLLOWING ARREST
PDF fillable
There is a $71 filing fee. The occupant can file an Application to Proceed in Forma Pauperis (sometimes called a "fee waiver application") if they cannot afford the fee:
JUSTICE COURT APPLICATION TO WAIVE FILING FEE
Las Vegas | Henderson | North Las Vegas
4. Attend trial (if applicable)
The court will schedule a trial within 10 days after the occupant files the Complaint. Both parties should plan to attend.
If the occupant loses at trial, the occupant cannot access the property. Trying to reenter, or reentering, is punishable by up to 12 months in jail. The occupant may also appeal the justice court's decision to the district court. See Removal Appeals for more information.
If the occupant wins at trial, the court will issue a Writ of Restitution, giving possession back to the occupant.
The flowchart below shows how the retaking of property following arrest works. To download the flowchart, click the link below.
Flowchart--Retaking of Property Following Arrest
