Published on December 1, 2024

Squatters—people who occupy property without legal permission—pose a growing concern for Texas property owners. Whether it’s an abandoned house or a vacant rental, discovering someone living on your property without your knowledge or consent can be alarming. Fortunately, Texas law provides a clear path to remove squatters, but the process must be handled carefully to avoid legal pitfalls.

1. What Is a Squatter?

A squatter is someone who occupies land or a building without permission or legal right. They’re not renters or licensees, and they often have no written agreement with the property owner. Squatters may be complete strangers or even former tenants who overstay their welcome without paying rent.

2. Why Can’t I Just Remove Them Myself?

In Texas, self-help evictions are illegal. That means you can’t forcibly remove a squatter, change the locks, shut off utilities, or threaten them. Doing so can expose you to civil liability or even criminal charges. Eviction must go through the court system—even when the occupant has no lease.

3. Step-by-Step Process to Evict a Squatter

Step 1: Serve a Notice to Vacate

You must first serve the squatter with a written notice to vacate the property. This gives them 3 days (unless otherwise agreed) to leave voluntarily. The notice should be delivered in person, posted on the door, or sent by certified mail.

Step 2: File an Eviction Lawsuit

If the squatter refuses to leave, you must file a forcible detainer action in Justice Court in the precinct where the property is located. The court will schedule a hearing typically within 10–21 days.

Step 3: Attend the Hearing

At the hearing, you’ll need to show evidence of your ownership and the squatter’s lack of legal right to remain. If the judge rules in your favor, they will issue a judgment for possession.

Step 4: Obtain a Writ of Possession

If the squatter still doesn’t leave after the judgment, you can request a writ of possession from the court. The constable will then serve the writ and physically remove the squatter if necessary.

4. What If the Squatter Claims Adverse Possession?

In rare cases, squatters attempt to claim ownership through adverse possession. Texas law requires very strict criteria for such a claim, including continuous, open, notorious, and exclusive possession for a period of 10 years (or 3–5 years under limited exceptions).

Most squatters cannot meet these standards, especially if you take swift legal action. However, if a squatter claims adverse possession, you should consult an attorney immediately.

5. Can I Recover Damages or Rent?

You may be able to request back rent, property damage compensation, or court costs during the eviction case. However, courts often focus first on restoring possession, and separate legal action may be needed to recover monetary damages.

6. Tips for Preventing Squatters

  • Regularly inspect and maintain vacant properties.
  • Secure all doors and windows.
  • Post “No Trespassing” signs on the premises.
  • Install surveillance cameras or alarm systems.
  • Act quickly if you suspect someone has entered without permission.

7. Legal Help from Guerra Days Law Group

If you’re dealing with a squatter situation, our real estate litigation attorneys at Guerra Days Law Group can help. We handle eviction proceedings efficiently and lawfully to protect your property rights. We can also advise you on property protection strategies and adverse possession defense.

Don’t wait—take the right legal steps to remove squatters and secure your property.