Texas changed how landlords deal with squatters in 2025, and most of what you will find online has not caught up. Since September 1, 2025, a Texas property owner can ask the sheriff or constable to remove someone who moved into a home without permission, with no lawsuit and no court date. Then, on January 1, 2026, a second law sped up the court route for the cases that still need a judge.
This guide covers squatters’ rights in Texas as they stand in 2026: which removal path fits your situation, the exact steps and deadlines in the statutes, how adverse possession really works here, and the new crimes aimed at fake-lease and rental scams. It is written for landlords who own a few properties, not for lawyers.
Texas squatters’ rights at a glance (2026)
| Question | Texas answer | Statute |
|---|---|---|
| Fastest way to remove a squatter from a home | Sworn complaint to the sheriff or constable; no court case needed if you qualify | Tex. Prop. Code §§ 24B.001–.003 |
| Court route if the fast track does not fit | Forcible entry and detainer suit in the justice court for the property’s precinct | Tex. Prop. Code §§ 24.001, 24.004 |
| Notice to vacate before filing | Oral or written; may demand they leave immediately | Tex. Prop. Code § 24.005(d) |
| Earliest writ of possession after judgment | The 6th day after judgment | Tex. Prop. Code § 24.0061(b) |
| Standard adverse possession period | 10 years of peaceable, adverse possession | Tex. Civ. Prac. & Rem. Code § 16.026 |
| Shortest adverse possession periods | 3 years with title or color of title; 5 years with a registered deed, paid taxes, and use | §§ 16.024, 16.025 |
| Does the squatter have to pay property taxes? | Only for the 5-year claim | § 16.025 |
First, figure out who is in your property
Texas law treats a stranger who broke in very differently from someone you once rented to. Picking the wrong process is the most expensive mistake you can make here, because a removal that does not fit the statute can be undone and can leave you paying damages.
| Who is occupying the property | Usual path |
|---|---|
| A stranger who entered a house or apartment without your consent, never had a lease with you, and is not family | Sheriff or constable removal under Chapter 24B |
| Someone who entered without consent, but the fast track does not fit (for example, a lawsuit between you is already pending, or the property was open to the public when they came in) | Forcible entry and detainer suit in justice court |
| A current or former tenant who will not leave, or a guest who stayed on | A regular eviction (forcible detainer), usually with at least 3 days’ written notice |
| Someone claiming they own the property | Talk to a Texas real estate attorney; title is decided outside eviction court |
Former tenants are the trap. If the person ever rented from you, even on an oral agreement, Chapter 24B does not apply to them, and you need a regular eviction. Our guide to renting out your house the right way covers the lease and screening steps that keep you out of that situation.
The fast track: sheriff removal under Chapter 24B
Senate Bill 1333 added Texas Property Code Chapter 24B, effective September 1, 2025. It lets the owner of residential 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 the owner’s consent.
When you qualify
Section 24B.001 lets you use this process only if all of the following are true:
- The property was not open to the public when the person entered.
- There is no pending lawsuit between you and the person.
- You or your agent told the person to leave, and they have not.
- The person is not a current or former tenant of yours under an oral or written lease.
- The person is not an immediate family member of yours.
How it works, step by step
- Tell the occupant to leave. Do it in a way you can prove later: a dated written notice, a photo of it posted on the door, or a witness.
- Fill out the complaint. Section 24B.002 spells out the form, titled “Complaint to Remove Person Occupying Dwelling Without Owner’s Consent.” You initial 12 statements, including that the person is not a tenant, that any lease they show is fraudulent, and that you understand you can be sued for a false complaint. It must be sworn or made as an unsworn declaration, and you attach a copy of your government ID (plus proof of authority if you are the owner’s agent).
- Submit it to the sheriff or constable of the county where the property is located.
- The officer verifies you. Section 24B.003 requires the sheriff or constable to confirm you are the record owner (or the owner’s agent) and otherwise entitled to relief. Have your deed or tax record handy.
- The officer serves a notice to immediately vacate, by handing it to an occupant or attaching it to the front door, and puts you back in possession. The officer tries to identify everyone inside and may arrest anyone with an outstanding warrant or for trespass or another offense with probable cause.
- Secure the property. You can ask the officer to stay and keep the peace while you change the locks and move the occupant’s belongings to or near your property line.
What it costs, and the risk you take on
The sheriff or constable is entitled to the same fee they would charge for executing a writ of possession, and may charge a reasonable hourly rate to stay while you change the locks. Fees are set locally, so call your county office for the current amount.
The trade-off for speed is personal liability. Under Section 24B.005, a person who is wrongfully removed can sue to get the property back and recover actual damages, exemplary damages equal to three times the fair market rent, court costs, and attorney’s fees from whoever requested the removal. If there is any chance the occupant is a former tenant, a relative, or a co-owner, use the court route instead.
The 24B complaint asks you to swear to dates, notices, and who has lived in the property. PropertyCtrl keeps each tenant’s lease dates, lease documents, and notices with the property, so you can show who your tenants were and when. Start a free 14-day trial, no credit card required.
When you need court: forcible entry and detainer
If Chapter 24B does not fit, Texas handles squatters through a forcible entry and detainer suit. Under Section 24.001 of the Property Code, a person commits forcible entry and detainer when they enter someone else’s property without legal authority or by force and refuse to leave on demand. These cases go to the justice court in the precinct where the property sits (Tex. Prop. Code § 24.004).
Senate Bill 38, effective January 1, 2026, changed several parts of Chapter 24. Here is the sequence as it stands now:
| Step | What the statute says | Section |
|---|---|---|
| Notice to vacate | Oral or written; may require the occupant to leave immediately or by a deadline you set | § 24.005(d) |
| File the case | A sworn petition in justice court | § 24.00505 |
| Ask to skip trial | You may attach a sworn motion for summary disposition with your evidence | § 24.005106(a) |
| Occupant’s response | Due by the 4th day after the occupant is served | § 24.005106(a) |
| Trial, if facts are genuinely disputed | Set between the 10th and 21st day after you file | § 24.005106(c) |
| Appeal deadline | 5 days after the judgment is signed | § 24.005107(a) |
| Writ of possession | Not before the 6th day after judgment, unless a possession bond is approved | § 24.0061(b) |
| Service of the writ | Within 5 business days of issuance; a 24-hour warning is posted on the door first | § 24.0061(b-1), (d) |
Days in Chapter 24 are calendar days, and a deadline that lands on a weekend or holiday rolls to the next business day (§ 24.0042). If both sides agree, the justice court can hold hearings by video or phone (§ 24.005105).
One limit to know: the justice court decides only who gets possession. It cannot decide who owns the property (§ 24.004(c)). If the occupant claims title, that question has to go to a separate suit in a court that can hear it, which is when you want a Texas real estate attorney.
Whichever route you take, do not change the locks, remove belongings, or shut off utilities on your own while someone is living there. Let the officer serve the 24B notice or the writ first.
Can a squatter actually take title in Texas?
Rarely, but the law allows it. Texas does not have a single “squatters’ rights” statute. Instead, Chapter 16 of the Civil Practice and Remedies Code sets deadlines for an owner to sue to recover the property. Once the deadline passes, Section 16.030 says the person in peaceable and adverse possession has full title.
Two definitions in Section 16.021 do most of the work:
- Adverse possession is an actual and visible appropriation of the property, under a claim of right that is inconsistent with and hostile to the owner’s claim.
- Peaceable possession is possession that is continuous and not interrupted by an adverse suit to recover the property.
That second definition is why acting quickly matters: filing suit to recover the property interrupts the possession the claim depends on.
| Period | What the occupant must show | Section |
|---|---|---|
| 3 years | Possession under title or color of title (a chain of transfers with a technical defect) | § 16.024 |
| 5 years | Cultivates, uses, or enjoys the property; pays the taxes; claims under a duly registered deed. Does not apply to quitclaim deeds, forged deeds, or deeds signed under a forged power of attorney | § 16.025 |
| 10 years | Cultivates, uses, or enjoys the property. Without a title instrument, the claim is capped at 160 acres unless more is actually enclosed | § 16.026 |
| 25 years | Cultivates, uses, or enjoys the property, even if the owner was under a legal disability | § 16.027 |
| 25 years | Good-faith possession under a recorded deed or instrument, even one void on its face | § 16.028 |
The 5-year rule was amended in 2021 (S.B. 885) and now excludes quitclaim and forged deeds, so a fake deed cannot shortcut the clock. And no one can acquire land dedicated to public use this way (§ 16.030(b)). For how these periods compare with other states, see our national guide to squatters’ rights and adverse possession.
New crimes aimed at squatting and rental scams
The same 2025 law that created the sheriff process also added criminal penalties. These matter because many squatting cases start with a fake lease or a scammer “renting out” a home they do not own.
- Fake lease or deed: knowingly presenting a false or fraudulent lease, deed, or other instrument to enter or stay on property is a Class A misdemeanor (Tex. Penal Code § 32.56).
- Renting or selling a property you do not own: knowingly listing, advertising, selling, renting, or leasing residential property without legal title or authority is a first-degree felony (Tex. Penal Code § 32.57).
- Damage during a trespass: criminal mischief causing a loss of $1,000 or more to a home, committed during a criminal trespass, is now a second-degree felony (Tex. Penal Code § 28.03(b)(6)(B)).
If someone shows you a lease you never signed, take a photo of it and mention it in your police report and your 24B complaint.
Protecting a vacant Texas property
Texas’s criminal trespass law (Penal Code § 30.05) counts several things as notice that entry is forbidden: oral or written communication from the owner, fencing designed to keep people out, and posted signs. Building that notice in advance makes any later removal simpler.
- Post “no trespassing” signs at entrances, and photograph them with a date.
- Keep the property visibly maintained: mowed yard, mail collected, lights on timers.
- Inspect on a schedule and keep a dated record of every visit.
- Search listing sites for your address now and then. Renting out a home you do not own is now a first-degree felony in Texas, but you still want to catch a fake listing before someone moves in.
- Act the day you find someone. Tell them to leave, document it, and call law enforcement or start the 24B complaint.
Vacant homes are common for accidental landlords who inherited a house or moved and kept the old one. If yours is empty between tenants, also check how your landlord insurance policy treats vacancy.
Your best evidence is a paper trail you started before anything went wrong. PropertyCtrl schedules recurring inspections, stores inspection reports and property documents, and keeps tenant history for each property in one place. Try it free for 14 days. No credit card needed.
Squatters’ rights in other states
Every state handles squatters differently, and the deadlines vary widely. Our national squatters’ rights guide compares them side by side, or go straight to a state:
- Squatters’ rights in Arizona — 10 years
- Squatters’ rights in California — 5 years
- Squatters’ rights in Florida — 7 years
- Squatters’ rights in Georgia — 20 years
- Squatters’ rights in New York — 10 years
Frequently Asked Questions
Can police remove squatters in Texas?
Yes, in many cases. Since September 1, 2025, an owner can file a sworn complaint with the sheriff or constable under Property Code Chapter 24B, and the officer will serve a notice to immediately vacate and put the owner back in possession. The occupant must have entered without consent, must not be a current or former tenant or family member, and there must be no pending lawsuit between you. Officers can also arrest for criminal trespass when they have probable cause.
How long does it take to evict a squatter in Texas?
Under Chapter 24B, the statute tells the sheriff or constable to act without delay once they verify your ownership, so it can be very fast. In court, the statutes set the pace: the occupant has 4 days after service to respond to a summary disposition motion, a disputed case goes to trial 10 to 21 days after filing, and the writ of possession cannot issue before the 6th day after judgment. Appeals can add time.
How many years does a squatter need to claim property in Texas?
Usually 10 years of continuous, peaceable, and adverse possession. The period can be as short as 3 years with title or color of title, or 5 years with a registered deed, paid taxes, and use of the property. Filing a suit to recover the property interrupts the possession the claim depends on.
Does a squatter have to pay property taxes to claim land in Texas?
Only under the 5-year rule in Section 16.025, which also requires a duly registered deed and excludes quitclaim and forged deeds. The 3-year and 10-year rules do not require the occupant to pay taxes.
Can I change the locks on a squatter in Texas?
Not on your own while they are living there. Under Chapter 24B, you can change the locks after the sheriff or constable has served the notice to vacate, and you can ask the officer to stay while you do it. If you go to court instead, wait for the officer to execute the writ of possession.
This article is for informational purposes only and is not legal or tax advice. Laws change and vary by city and county — consult a licensed attorney or tax professional in your state for advice on your situation.
PropertyCtrl Team
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