How to Protect Your Property from Squatters: A Texas Landlord's Guide

Do Squatters Actually Have Rights in Texas?

No. There is no such thing as "squatter's rights" in Texas — no statute, no doctrine, nothing bears that name. The phrase is a myth that collapses two entirely unrelated legal concepts, and the confusion costs Texas property owners real money every year. What Texas actually has is adverse possession, a land-title doctrine requiring at least ten years in the realistic squatter scenario, and ordinary due process, which requires owners to use legal channels rather than self-help. Since September 1, 2025, Texas gives residential owners a sheriff-driven removal path that bypasses court entirely for genuine squatters.

The myth persists because of what people observe. An owner discovers someone living in their vacant Houston rental, calls the police, and hears the words that launched a thousand angry social media posts: "Sorry, this is a civil matter." The owner concludes squatters have rights. They do not. What the occupant had was a procedural protection — the requirement that removal happen through a lawful process rather than a locksmith and a pickup truck — and historically, officers erred toward treating any occupancy dispute as civil.

The 2025 Legislature attacked that problem directly. Senate Bill 1333, effective September 1, 2025, gave officers a verification-based procedure and a liability shield, which changes the calculus at the front door. And Senate Bill 38, effective January 1, 2026, rebuilt the eviction process itself, adding summary disposition for exactly these cases. Texas law is meaningfully friendlier to owners in 2026 than it was two years ago.

But the protections only work if you understand where the lines fall — and the most dangerous mistakes are made by owners who assume the new law covers situations it does not.

Could a Squatter Really Take Your Property?

Adverse possession is real Texas law, codified in Civil Practice and Remedies Code Chapter 16. It is also almost never the actual threat, and understanding why tells you exactly how to defend yourself.

The doctrine is a statute of limitations. It bars a stale lawsuit to recover land and, once the period runs, vests title in the possessor under §16.030(a). It was designed to quiet boundary disputes and clean up defective chains of title — not to reward trespassers. Texas provides four limitation periods:

A squatter has no deed and pays no taxes, which eliminates the 3- and 5-year routes immediately. Their only path is §16.026 — ten full years. Without a title instrument, the claim is capped at 160 acres including improvements, unless actually enclosed acreage exceeds that.

Note one recent tightening: since September 1, 2021, §16.025(b) excludes claims based on a quitclaim deed, alongside the existing exclusions for forged deeds and deeds executed under a forged power of attorney. Several free statute mirrors still serve the pre-2021 text, so verify against a current source.

The Elements — And What They Really Require

The statute at §16.021 defines adverse possession as "an actual and visible appropriation of real property, commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person." Peaceable possession means possession that is continuous and not interrupted by an adverse suit.

Texas courts add a gloss. Under Rhodes v. Cahill, 802 S.W.2d 643 (Tex. 1990), possession must be actual, visible, continuous, notorious, distinct, hostile, and of such character as to unmistakably assert exclusive ownership. The claimant bears the burden on every essential fact. Rhodes is also the leading "casual fence" case: a pre-existing fence whose purpose the claimant cannot establish will not support a claim — a designed enclosure is required.

Why Squatters Almost Never Win — And the Myth You Should Not Repeat

You will read, in a great deal of published content, that "paying your property taxes protects you from adverse possession." That is legally wrong, and it is dangerous because it encourages complacency.

The 10-year statute at §16.026 requires no tax payment by the possessor and no deed. The record owner's payment of taxes is not a statutory defense to a 10-year claim. Tax payment is evidence bearing on hostility and notice. It is not a shield.

Here are the actual reasons these claims fail:

• Ten years is a very long time — and any adverse suit interrupts peaceable possession under §16.021(3). An owner who files a single eviction resets the clock to zero. This is the real defense.
• Permissive possession is fatal. A tenant, a former tenant, a houseguest, or anyone there with consent is not hostile. This is why occupants who ever had a lease essentially never qualify.
• Possession must be exclusive and unmistakable. Hiding out defeats the claim. Sharing the property with the owner defeats exclusivity.
• Tacking requires privity of estate under §16.023. Squatters cannot simply pass the property down a chain of strangers to accumulate years.
• Nothing dedicated to public use can be taken (§16.030(b)).

The honest framing: adverse possession is not a squatter's tool. It requires ten years of open, exclusive, hostile, uninterrupted possession — and an owner who simply files suit stops the clock cold. Vigilance is the defense, not your tax receipts.

How Do Squatters Target Vacant Properties?

Understanding the playbook tells you where to spend your prevention budget. Squatting is opportunistic, and in Texas metros it clusters around predictable signals.

They look for the tells of an absent owner. Uncut grass in a Dallas summer. Accumulated flyers and door hangers. Mail visible through a slot. A lockbox on the door of a listing that has sat 90 days. Utility meters not spinning. Windows without blinds. A dumpster from a stalled renovation. These are visible from a slow drive down the street, and that is exactly how properties are found.

Certain properties carry elevated risk:

• Inherited and probate property — the highest-risk category in Texas. Often vacant for months, with heirs out of state and nobody certain who has authority to act.
• Properties between tenants, especially with a renovation in progress
• Long-listed homes, particularly vacant ones with lockboxes
• Post-foreclosure and REO inventory
• Out-of-state-owned rentals without local management
• Seasonal and second homes — Hill Country and lake properties sitting empty nine months a year

The fake lease is the core tactic. A sophisticated squatter does not just break in. They manufacture a paper trail: a forged lease with a plausible landlord name, fabricated receipts, sometimes a Craigslist "sublease" from a fake property manager. They change the locks themselves. They may switch utilities into their own name and have mail delivered — building evidence of tenancy. Then when the officer arrives, they produce the lease, and the officer, unable to adjudicate a document dispute at the curb, calls it civil.

That tactic is precisely what SB 1333 was written to defeat. Presenting a false, fraudulent, or fictitious lease, deed, or other conveyancing instrument with intent to enter or remain on real property is now a Class A misdemeanor under Penal Code §32.56. Knowingly listing, advertising, selling, renting, or leasing residential property you have no title or authority to is a first-degree felony under §32.57 — the same grade as aggravated robbery. The statute carves out lenders, title companies, and TREC-licensed brokers and agents who did not know another party lacked authority.

Also new: criminal mischief causing $1,000 to $300,000 in damage is now a second-degree felony under §28.03(b)(6)(B) when the property damaged is a habitation and the actor was committing criminal trespass. Note that habitation element — many summaries of SB 1333 drop it, and it is required.

One clarification, since it is widely misreported: SB 1333 did not create new offenses for unlawful entry or occupancy itself. It created fraud offenses and enhanced criminal mischief. Entering and staying is still prosecuted under pre-existing law — criminal trespass (§30.05) and burglary (§30.02).

How Do You Prevent Squatters in the First Place?

Every hour spent here saves ten in a courtroom. These practices map onto actual Texas statutes, which is what makes them effective rather than merely sensible.

1. Post Notice — This Is a Legal Element, Not Decoration

Criminal trespass under §30.05 requires that the person had notice that entry was forbidden. Notice is an element of the offense. Establishing it in advance is what lets an officer arrest instead of shrug.

Texas recognizes several forms of notice: oral or written communication, fencing designed to exclude intruders, posted signs reasonably likely to come to attention, and purple paint marks. The purple paint rules are specific — vertical lines at least 8 inches long, placed 3 to 5 feet above the ground, no more than 100 feet apart on timber land or 1,000 feet apart on other land. Post "No Trespassing" signage at every entrance before the property goes vacant.

2. Secure Every Opening and Document It

Lock and secure all doors, windows, and other openings. Photograph the secured condition with dates. This serves two legal purposes: it supports the §30.05 notice element, and it supports the Chapter 24B requirement that the property was not open to the public when the person entered.

Practical measures that work: re-key immediately after every tenant departure, install deadbolts on exterior doors, secure the garage door manually, use security film or bars on ground-floor windows in higher-risk areas, and use a smart lock with an access log rather than a lockbox on vacant listings.

3. Make the Property Look Occupied

The cheapest deterrent available. Keep the lawn mowed — in Texas summers this means every two weeks, and a neglected yard is the single loudest signal of vacancy. Put interior lights on smart timers. Forward the mail and stop deliveries. Keep the utilities on in your name. Have a neighbor park in the driveway occasionally. Leave blinds in the windows.

4. Cameras and Monitoring

A visible doorbell camera and a couple of exterior cameras with cloud recording cost a few hundred dollars and pay for themselves the first time you need to prove when someone entered. That timestamp matters enormously: it establishes the entry date for a trespass charge and forecloses any claim of long-standing possession. Motion alerts let you respond in hours rather than discovering the problem in month three. Cloud storage is essential — a local recorder can simply be stolen.

5. Inspect on a Schedule and Write It Down

Documented inspections every two weeks on a vacant property accomplish four things at once: they establish your continuing possession, they defeat any claim of exclusive possession by an occupant, they generate dated evidence, and they satisfy most municipal maintenance obligations. Keep a simple log with dates and photos. If you are out of state, pay someone local. A property manager or a neighbor with a $50 monthly arrangement is inexpensive insurance.

6. Never Let an Occupant Become a "Tenant"

This is the highest-leverage rule in this article, and it is badly under-covered elsewhere. Accepting any rent — even once, even partial, even "just to buy time" — can convert a trespasser into a tenant. Any prior tenancy or family relationship destroys the Chapter 24B route by the statute's own terms and forces you into civil eviction.

An occupant who offers you money is not being cooperative. They may be buying themselves tenant status. Do not accept it. Do not negotiate a payment plan. Do not sign anything.

7. Screen Tenants Properly and Use a Real Lease

Most "squatter" cases we see are actually holdover tenants who stopped paying — which means good screening is squatter prevention. Verify income and employment independently, contact prior landlords (not just the current one, who may want them gone), run credit and criminal background checks, and confirm identity against government ID. Use a current Texas REALTORS lease form rather than something downloaded from the internet. Note that the notice-to-vacate period is contractual: §24.005 sets a 3-day default, but the lease may specify shorter or longer, and the Texas REALTORS form uses one day.

Be alert to sublet-and-disappear schemes, and require written approval for any subletting.

8. Monitor the Deed Records

Deed fraud is the escalated version of this problem — a forged deed filed in the county records, followed by the property being "sold" or "rented" to a victim. Many Texas county clerks offer free property fraud alerts that notify you when anything is recorded against your parcel. Register every property you own. It takes ten minutes per county.

9. Know Your Municipal Obligations

Texas has no statewide vacant-property statute, but cities do. Dallas, Houston, and San Antonio all run vacant building programs with registration requirements, fees, securing obligations, and posted owner-contact requirements. San Antonio's Chapter 12 defines "secured" as all accessible means of ingress and egress, including exterior doorways and windows, locked against unauthorized access, and its registration applies in the Central Business District, historic districts, neighborhood conservation districts, city-initiated TIRZ areas, and within a half-mile of active military bases. Dallas requires a plan updated at least every six months. Confirm current ordinance text and fees with the city — these change.

What Is the New Sheriff Removal Process?

This is the most important change in Texas squatter law in a generation, and it is the reason the old advice is obsolete.

Property Code Chapter 24B, created by SB 1333 and effective September 1, 2025, lets an owner of residential real property — or the owner's agent — ask the sheriff or constable of the county to immediately remove a person who unlawfully entered and is occupying a dwelling without consent. No lawsuit. No justice court. No 21-day trial setting.

Who Qualifies — Read This Carefully

Under §24B.001, all of the following must be true:

• The property was not open to the public when the person entered, and is not the subject of pending litigation between the owner and the occupant
• You have directed the person to leave and they have not
• The person is not a current or former tenant under an oral or written lease, and not an immediate family member of the owner

That third requirement is the whole ballgame. Chapter 24B is for genuine strangers only. A former tenant who stopped paying two years ago is not eligible. A cousin you let stay is not eligible. If the occupant has any colorable claim of possession — a lease, a rent receipt, a prior tenancy, a family relationship — this route is closed and you must use civil eviction.

Note also that despite the chapter's "Real Property" heading, the operative grant in §24B.001 reaches only "an owner of residential real property" and "a dwelling on the property." Commercial owners get no Chapter 24B remedy and must use eviction and criminal trespass.

The Sworn Complaint

Section 24B.002 prescribes a 12-item form titled "Complaint to Remove Person Occupying Dwelling Without Owner's Consent." Every item must be initialed. The complaint is made under oath, or as an unsworn declaration under CPRC §132.001, and is punishable as perjury under Penal Code §37.02. Items 6 and 7 require you to affirm that any lease or title the occupant produces is fraudulent. Item 12 requires attaching government-issued ID — and, if you are signing as an agent, written proof of your authority.

Do not treat this form casually. You are swearing to facts under penalty of perjury.

What the Officer Does

Under §24B.003, the sheriff or constable shall verify that you are the record owner or authorized agent and are otherwise entitled to relief. On verification, the officer shall without delay serve notice to immediately vacate and put you in possession. Service is by hand delivery to an occupant or by affixing the notice to the front door.

The officer must attempt to verify each occupant's identity and note it on the return, and may arrest anyone present on an outstanding warrant, for trespass, or for any offense supported by probable cause. The fee equals the cost of executing a writ of possession. Critically, you may request that the officer remain to keep the peace while you change the locks and move the occupant's personal property to the property line, at a reasonable hourly rate.

There is no statutory clock beyond "without delay." Real-world speed varies substantially by county, and there is not yet meaningful data on response times. But the mechanism is days, not months.

The Penalty for Getting It Wrong

Section 24B.005 creates a wrongful removal action against the person who requested the removal — you. A person wrongfully removed can recover possession plus actual damages, exemplary damages equal to three times fair market rent, court costs, and reasonable attorney's fees. The court sets a hearing at the earliest practicable date.

So: file a Chapter 24B complaint against someone who turns out to be a former tenant, and you face treble-rent exemplary damages, their attorney's fees, and a perjury exposure on the sworn complaint. Verify the tenancy question before you sign. If there is any ambiguity at all, call a lawyer and use the eviction process instead. Chapter 24B is a scalpel, not a hammer.

What If You Have to Go to Court?

If the occupant is a former tenant, a holdover, or anyone with a colorable possession claim, you file an eviction. That process was substantially rebuilt by Senate Bill 38, effective January 1, 2026, and applying only to petitions filed on or after that date.

Texas distinguishes three categories, and they matter:

Notice to Vacate

Section 24.005 sets a 3-day default, and the parties may contract for a shorter or longer period in a written lease. SB 38 added a tenant protection: if possession is terminated solely for nonpayment of rent and the tenant was not late or delinquent before the month in which notice is given, the notice must be a "notice to pay rent or vacate."

Delivery methods under the new §24.005(f-3): mail (including first class, registered, certified, or a delivery service like UPS or FedEx); delivery to the inside of the premises in a conspicuous place; hand delivery to any tenant 16 or older; or, if agreed in writing, electronic communication including email.

An important and under-reported change: SB 38 repealed the old subsections that expressly allowed affixing notice to the outside of the main entry door. The new provision says inside the premises. Do not assume outside-door posting still qualifies.

Separately, a residential tenant of property bought at a tax or trustee's foreclosure sale still gets at least 30 days' notice if the purchaser chooses not to continue the lease and rent was timely paid with no other default.

One genuine open question worth naming: §24.002(b) expressly requires a forcible detainer demand to comply with §24.005 notice, but §24.001 (the squatter FED statute) contains no such cross-reference — while the new Rule 510.4 requires every petition to state when and how pre-suit notice was given. There is no controlling authority resolving this yet. The practical answer is simple: always send and document a written demand to vacate. The downside of sending one is a few days. The downside of skipping it is dismissal.

Filing and the New Summary Disposition

You file a sworn petition (§24.00505) in the justice court precinct where the property is located (§24.0041). Filing in the wrong precinct means mandatory dismissal and the fee is not refunded. Eviction suits adjudicate right to actual possession only — the court may not adjudicate title, and counterclaims and third-party joinder are not permitted (§24.004(c)).

The headline change is §24.005106 — summary disposition. A landlord filing a sworn petition alleging a forcible entry and detainer may file a sworn motion for summary disposition without trial, setting out all supporting facts with documents attached. The court may enter judgment without a trial unless the occupant files a response with supporting facts within four days after service and the court finds a genuinely disputed fact.

Read that again: a squatter who does not respond in four days loses without a hearing. That is the provision aimed squarely at the fake-lease playbook. Texas Supreme Court Rule 510.10 splits the procedure — subsection (a) gives the fast SB 38 version to forcible entry and detainer suits (the squatter cases), while subsection (b) routes forcible-detainer-only suits to the ordinary justice court summary disposition rule.

If facts are genuinely disputed, trial is set 10 to 21 days after filing, and never earlier than the fourth day after service. Postponements beyond seven days require written agreement. Service must be attempted diligently by the fifth business day, and if it fails you may use another trained law enforcement officer, including off-duty.

Appeal and Writ of Possession

An appeal bond, cash deposit, or Statement of Inability is due not later than the 5th day after the judgment is signed (§24.005107). New under SB 38: a tenant appellant must affirm under penalty of perjury a good-faith belief in a meritorious defense and that the appeal is not for delay — a direct attack on delay tactics. The county court must try the case within 21 days of receiving the record. Residential tenants must pay rent into the court registry to stay the writ.

The writ of possession (§24.0061) may not issue before the 6th day after judgment absent an approved possession bond. SB 38 added that issuance is a ministerial act not subject to review or delay — another anti-delay provision — and the officer must serve it by the fifth business day.

Execution follows §24.0061(d), unchanged: the officer posts a written warning at least 8½ × 11 inches on the exterior of the front door stating the writ will be executed on or after a specific date and time not sooner than 24 hours after posting. Then the officer delivers possession, orders occupants out and physically removes them if they refuse, and places personal property outside at a nearby location not blocking a public passageway and not in inclement weather.

Realistic Timelines

These are estimates, not guarantees. Justice court congestion and constable backlogs dominate the variance, and they differ substantially between Harris, Travis, Bexar, and Dallas counties.

What Must You Never Do?

Every year, Texas owners turn a manageable problem into an expensive one by taking matters into their own hands. Self-help eviction against anyone with a colorable possession claim is illegal, and the penalties are specific.

Property Code §92.0081 — Removal of Property and Exclusion of Residential Tenant prohibits removing a door, window, attic hatchway cover, lock, latch, hinge, doorknob, or landlord-furnished furniture, fixtures, or appliances — except for bona fide repair or replacement, which must be promptly performed. It prohibits intentionally preventing a tenant from entering except by judicial process.

Property Code §92.008 — Interruption of Utilities separately prohibits interrupting utility service paid directly to the utility by the tenant, except for bona fide repairs, construction, or emergency.

The remedies under §92.0081(h) are not trivial. A tenant may recover possession or terminate the lease, and in either case recover actual damages + one month's rent + $1,000 + court costs + reasonable attorney's fees, less delinquent rent. An additional month's rent penalty applies for violating the key-provision requirements.

So: do not change the locks. Do not remove their belongings. Do not cut the power or water. Do not remove the front door. Do not threaten or harass. Do not hire anyone to do it for you. And do not accept rent.

The narrow lawful exception is worth repeating precisely: Chapter 24B is the one circumstance where you may lawfully change locks and move property out — and only with the sheriff or constable present, after a verified sworn complaint, against someone who is not a tenant.

What Does Your Insurance Actually Cover?

This is where owners get an unpleasant surprise after the fact, and where a common piece of published misinformation makes it worse.

First, the structural point: Texas does not regulate this by statute. Before 2003, insurers had to use Texas promulgated forms. Senate Bill 14 (78th Legislature, 2003) moved Texas to a file-and-use system, and carriers have filed their own forms since. There is no universal Texas rule. Read your actual policy.

That said, the near-universal pattern in ISO-style HO-3 forms is this: loss caused by vandalism and malicious mischief is not covered if the dwelling has been vacant for more than 60 consecutive days immediately before the loss. Glass breakage is often treated similarly.

Two corrections to what you will read elsewhere:

• The policy does not switch off. This is a peril-specific exclusion, not a blanket lapse. Fire and wind generally remain covered. But the exact perils squatters bring — vandalism, malicious mischief — are precisely the ones that stop being covered.
• There is no 15% reduction in HO-3. The widely-copied claim that vacancy reduces all other losses by 15% is a commercial provision from ISO CP 00 10, not a homeowners provision. Commercial forms do go further: after 60 days vacant, they cut vandalism, sprinkler leakage, glass breakage, water damage, and theft — and reduce all other covered losses by 15%.

Some carrier forms and dwelling/DP forms use 30 days rather than 60. And "vacant" and "unoccupied" are different concepts — unoccupied means nobody living there but contents remain; vacant means substantially empty of contents. A dwelling under construction is generally not considered vacant.

One Texas-specific trap: freezing of plumbing is excluded unless you used reasonable care to maintain heat or shut off and drain the water supply. That bites hard on a vacant Texas house during a February freeze — and it is a far more common vacant-property loss here than squatters are.

The fix is straightforward and inexpensive: if a property will sit, ask your agent about a vacancy permit endorsement, a vacant dwelling policy, or builder's risk during renovation — before day 60. This matters most for flips, inherited and probate property, extended listings, and post-eviction turnover.

What About Fake Deeds and Fake Leases?

The escalated version of squatting is title fraud: someone records a forged deed and then sells or rents your property to an innocent third party. Texas gives you both criminal and civil tools.

• Penal Code §32.56 (new, SB 1333) — presenting a false, fraudulent, or fictitious lease, deed, or other conveyancing instrument to enter or remain on real property. Class A misdemeanor. This is the direct hit for the fake-lease gambit, and it covers real property generally, not just residential.
• Penal Code §32.57 (new, SB 1333) — fraudulently listing, advertising, selling, renting, or leasing residential property without title or authority. First-degree felony.
• Penal Code §37.10 — tampering with a governmental record. The workhorse for actually recording a forged deed.
• Penal Code §32.46 — securing execution of a document by deception; value-laddered up to a first-degree felony at $300,000+.
• Penal Code §32.49 — refusing to release a fraudulent lien or claim within 21 days of certified-mail notice. Class A misdemeanor, and failure to release within the period creates a presumption of intent to defraud.
• Government Code §51.901(c) — the definitional hub defining when a document is presumed fraudulent, and the mechanism letting county clerks flag suspect filings.
• CPRC Chapter 12 — the civil remedy. Under §12.002(b), damages are the greater of $10,000 or actual damages, plus court costs, plus reasonable attorney's fees, plus exemplary damages.

Two cautions worth noting because they appear in a lot of otherwise-decent content: Penal Code §37.13 is not a fraudulent-deed statute — it addresses records of fake courts, which is sovereign-citizen territory, not deed filing. And there is no adverse-possession exclusion for relatives; you may be thinking of §16.0265, the cotenant heir provision, which is a different thing entirely.

What Should You Do Right Now?

If you own vacant or rental property in Texas, work through this list this week:

1. Ask the tenancy question about every occupied property you are unsure of. Current or former tenant? Family member? That answer determines every route available to you.

2. Post notice on every vacant property. Signage at each entrance. It is a statutory element of trespass, not decoration.

3. Check your insurance vacancy clause today. Not when a property goes vacant — today. Find the number of days and the excluded perils. If anything you own is approaching that line, call your agent this week.

4. Register for property fraud alerts in every county where you own. Free, ten minutes.

5. Put inspections on a calendar with a photo log. Every two weeks on vacant property.

6. Find your constable's precinct now, and download the §24B.002 complaint form. Assembling your deed, ID, and proof of authority in advance is the difference between same-week and same-month removal.

7. Have a Texas real estate attorney on speed dial before you need one. The consult that prevents a wrongful Chapter 24B complaint costs a few hundred dollars. The treble-rent judgment does not.

If you find someone in your property: document everything with dated photos, do not confront them alone, call the non-emergency police line and request a report even if they decline to act (the report is evidence), determine the tenancy question, and then choose your route. Move quickly — every week of possession makes their story more plausible and your remedy slower.

Dwellverse is a licensed Texas real estate brokerage. We are not attorneys, and nothing here is legal advice. This article reflects Texas law as of July 16, 2026. Chapter 24B, §32.56, and §32.57 are less than a year old with no interpretive case law yet, and the Texas Supreme Court's rewritten Rule 510 remains under preliminary approval and could still change. Consult a licensed Texas real estate attorney about your specific situation before acting — particularly before filing a Chapter 24B complaint, where an error carries exemplary damages and perjury exposure.

Frequently Asked Questions

Do squatters have rights in Texas? +

There is no such thing as squatter's rights in Texas. No statute or doctrine bears that name. The phrase confuses two unrelated things: adverse possession, a land title doctrine under Civil Practice and Remedies Code Chapter 16 that requires at least ten years of possession in the typical squatter scenario, and ordinary due process, which requires owners to use legal channels rather than self-help. Since September 1, 2025, Property Code Chapter 24B lets owners of residential property have a sheriff remove a genuine squatter on a sworn complaint without filing suit at all.

How long does a squatter have to stay to claim adverse possession in Texas? +

For a typical squatter with no deed and no tax payments, the applicable statute is the ten-year period under Civil Practice and Remedies Code Section 16.026. Shorter periods exist but require documentation a squatter does not have: three years under Section 16.024 requires title or color of title, and five years under Section 16.025 requires a duly registered deed plus payment of property taxes plus cultivation or use. Any lawsuit by the owner interrupts peaceable possession and stops the clock entirely.

What is Texas Senate Bill 1333 and how does it help property owners? +

Senate Bill 1333, effective September 1, 2025, created Property Code Chapter 24B, which lets an owner of residential real property ask the sheriff or constable to immediately remove someone who unlawfully entered and is occupying a dwelling. The owner files a sworn statutory complaint, the officer verifies record ownership, and on verification serves notice to vacate and restores possession without delay. It also created two new criminal offenses: presenting a fake lease or deed to enter or remain on property is a Class A misdemeanor under Penal Code Section 32.56, and fraudulently listing or renting residential property you do not own is a first-degree felony under Section 32.57.

Can I change the locks or shut off utilities to remove a squatter in Texas? +

Not on your own, and doing so against anyone with a colorable claim of possession is illegal and expensive. Property Code Section 92.0081 prohibits removing doors, windows, or locks and prohibits intentionally preventing a tenant from entering except by judicial process. Section 92.008 separately prohibits interrupting utilities. A tenant can recover possession or terminate the lease plus actual damages, one month's rent, $1,000, court costs, and attorney's fees. The one narrow exception is the Chapter 24B process, where you may change locks and move property out with the sheriff present after a verified complaint against a non-tenant.

How long does it take to evict a squatter in Texas in 2026? +

It depends on the route. The Chapter 24B sheriff removal process can restore possession in days where the county acts promptly, because no lawsuit is filed. If you must use the courts, Senate Bill 38, effective January 1, 2026, allows summary disposition of a forcible entry and detainer case without a trial when the occupant does not respond within four days of service. An uncontested case typically runs about three to five weeks from filing to writ execution. A contested case runs five to seven weeks, and an appeal to county court can extend it to two to three months.

Does my insurance cover damage caused by squatters? +

Often not, and the reason catches owners off guard. Texas does not regulate this by statute; carriers have filed their own policy forms since 2003. But the near-universal pattern in standard homeowners forms is that vandalism and malicious mischief coverage disappears once a dwelling has been vacant more than 60 consecutive days. The policy does not lapse entirely, fire and wind generally remain covered, but the exact perils squatters bring are the ones excluded. Commercial policies go further, also cutting theft, water damage, and glass, and reducing all other covered losses by 15%. Ask your agent about a vacancy permit endorsement or a vacant property policy before day 60.

What should I do first if I find a squatter in my Texas rental? +

Determine whether the person is a current or former tenant or an immediate family member before you do anything else. That single fact decides your entire path. If they are, Chapter 24B is unavailable and you must file an eviction suit. If they are not, and the property was not open to the public and there is no pending litigation between you, you can file a sworn Chapter 24B complaint with the sheriff. Filing that complaint against someone who turns out to be a former tenant exposes you to exemplary damages equal to three times fair market rent plus attorney's fees, and a false statement in the complaint is perjury.

Protecting a Texas Property Portfolio?

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