How to Evict a Squatter in Texas: A Landlord's Guide to SB 1333 & Judicial Eviction
Executive Summary
Evicting a squatter in Texas has changed fundamentally in 2026. You now have two paths: Path A (SB 1333) allows for immediate police removal if the occupant is a true intruder. Path B (Judicial Eviction) is the standard court process required if the occupant has ever had a lease or paid rent.
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Discovering a stranger living in your property is a property owner's worst nightmare. In Texas, the difference between a "trespasser" and a "tenant" is often a gray area that law enforcement struggles to navigate. However, the 89th Texas Legislature passed new laws effective January 1, 2026, specifically to close these loopholes.
Step 1: The Decision Matrix
Before you file any paperwork, you must categorize the occupant. Misidentifying them is the #1 reason evictions fail. Texas law classifies squatters as either trespassing intruders or holdover tenants.
Someone who broke in, never signed a lease, never paid rent, and has no relationship to you.
Use SB 1333 (24-72 Hours)A former tenant, a friend you let stay for "a few days," or anyone who paid rent even once.
Use Court Eviction (3-6 Weeks)Can You Kick Someone Out of Your House in Texas?
Homeowners dealing with a difficult guest often ask, "can you kick someone out of your house in Texas" without a court order? If you're wondering how to get rid of squatters in Texas who started as friends or family, the answer depends heavily on their original invitation. Guests who refuse to leave transition into holdover tenants the moment they establish residency, pay rent, or rely on a verbal agreement to stay. Once they reach this status, you cannot simply kick them out; you must proceed with Path B (Judicial Eviction).
"I just left a single-family home in Harris County where the owner hesitated for 3 months before filing against a 'guest' who wouldn't leave. Because the squatter began receiving mail during that delay, the Sheriff refused the SB 1333 removal request this morning. Now, the owner is facing a 6-week docket backlog. Speed is your only leverage in these situations." — Devon Wayne
Does Texas Have Squatter Rights? (What Changed From 2024 to 2026)
One of the most common fears we hear from homeowners is, "does Texas have squatter rights that allow them to steal my house after 30 days?" The short answer is No.
While searchers often look up squatters rights Texas 2024, the legal landscape shifted to heavily favor property owners in 2026. What people casually call "Squatter's Rights" is legally known as Adverse Possession. If an occupant is researching how to file for squatters rights in Texas, they will quickly discover it is incredibly difficult to successfully claim title under the current statutes.
Under Texas Civil Practice & Remedies Code Chapter 16, adverse possession requires squatters to occupy a property continuously for up to 10 years, depending on the scenario:
- Hostile & Exclusive: They must live there without your permission and keep others out.
- Continuous: They cannot leave for weeks at a time.
- The Timeframe Requirements:
- 3-Year Statute: Only applies if they have a "Color of Title" (a deed that appears valid but has a defect).
- 5-Year Statute: Only applies if they cultivate the land, pay property taxes, and have a registered deed.
- 10-Year Statute: The standard for bare possession. They must live there for 10 years and pay taxes to even have a claim.
The Reality: A squatter living in your house for a few months has zero legal claim to the title. They are simply trespassing or holding over.
The Professional Squatter's Playbook
While they may not win title, professional scammers know how to exploit the "Civil vs. Criminal" gap. Here is how they operate:
The Fake Lease Scam
Scammers will print a generic lease agreement from the internet, sign it with a fake landlord name, and present it to police. Even if you shout that it's fake, police often say, "This is a civil matter, take it to court."
The "Cash for Keys" Extortion
They know eviction costs you thousands. They will often demand a large payout to leave quietly. This is extortion, but it is often cheaper than court.
Path A: Immediate Removal (Senate Bill 1333)
Effective 2026, Senate Bill 1333 authorizes law enforcement to perform immediate removal of unauthorized persons without a court order. This was designed to stop the "fake lease" scams that plagued Texas landlords for years.
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1
Gather Hard Evidence
Police act on facts, not hearsay. You must prove you are the owner and they are intruders. Gather your recorded Deed, utility bills in your name (current dates), and a sworn affidavit stating no lease exists.
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2
File the Sworn Complaint
Go to the Sheriff's office in the county where the property sits. Ask for the "Request for Immediate Removal of Unauthorized Occupant" form.
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3
Pay Civil Standby Fee
Crucial Note: While the removal order is technically free, Sheriffs are authorized to charge a "reasonable hourly rate" for standing by while you change the locks. Expect to pay $100-$200 for this service.
Path B: The Judicial Eviction Process
If the occupant has any claim to tenancy (verbal agreement, past rent payments), or if the Sheriff declined your SB 1333 request, you must file a Forcible Detainer Suit. This is the standard eviction process in Texas.
Visual Authority: Texas Eviction Law Update
This video from Texas Landlord Attorney Ernie Garcia breaks down the critical changes in SB 38 and SB 1333 that affect your ability to evict in 2026.
1. The Notice to Vacate
This is the most critical step. If you mess up the notice, the judge will dismiss your case. You must give at least 3 Days' Notice (Texas Property Code § 24.005) unless a written lease specifies a different period. Delivery must be via Hand Delivery, Certified Mail, or affixed to the inside of the main entry door.
2. Filing the Suit (JP Court)
Visit the Justice of the Peace (JP) court for your specific precinct. Filing fees are typically around $54, plus a service fee of $75-$100 per occupant.
3. The Hearing & SB 38 Updates
Under the new Senate Bill 38 rules, courts are required to expedite these hearings. Bring your deed, your Notice to Vacate proof, and a log of any interactions.
What Happens to Their Stuff? (Abandoned Property)
Once the squatter is gone, you are often left with a house full of junk. You cannot just throw it in the street immediately unless the Constable did it during the Writ execution.
Under Texas Property Code § 24.0061, if personal property is left behind:
- During Writ Execution: The officer can remove the property and place it outside the premises (usually the curb). You are not responsible for rain damage or theft once it is on the curb.
- Voluntary Move-Out: If they leave without a constable, you must be careful. If the value is substantial, you should store it and send a certified letter giving them 30 days to claim it. If it is clearly trash, document it with photos before disposal.
Why You Should Never Use "Self-Help"
Frustration is high, but taking the law into your own hands is expensive. If you find yourself asking can you kick out a squatter forcefully, reconsider. Texas Property Code § 92.0081 explicitly prohibits landlords from using self-help eviction methods. It forbids:
- Changing locks to lock the squatter out.
- Removing doors or windows.
- Cutting off electricity, water, or gas.
Squatter Removal Service Cost & Risk Calculator
Eviction involves more than just court fees. When calculating your options, remember that Texas property owners face squatter removal service costs ranging from $2,000 to $10,000 depending on whether they use SB 1333 or formal judicial eviction. Use this tool to estimate your total loss over the next 3 months vs. selling to ASAP Cash Offer.
(ASAP Cash Offer pays these fees for you if you sell today.)
The "Cash for Keys" Strategy
Sometimes, the cheapest way to get your house back is to pay for it. A "Cash for Keys" agreement is a legally binding contract where you pay the squatter to leave voluntarily.
The Landlord's Script for Negotiation
Use this script when approaching the squatter. Keep it business-like and non-emotional.
The Golden Rules:
- Inspect First: Ensure they haven't stripped the copper or destroyed the walls.
- Sign a Release: Use a "Voluntary Surrender of Possession" form.
- Pay Upon Exit: Never give cash in advance. Exchange the cash for the keys on the front porch as they walk away.
How to Secure a Vacant Property
Once you get them out, do not let them back in. Squatters look for "soft targets."
Property Hardening: Use steel security screens (like those shown above) on distressed properties to prevent re-entry.
- Install Steel Security Screens: Plywood is easy to pry off. Steel screens (like Vacant Property Security - VPS) are nearly impenetrable.
- Use Verified Alarm Systems: A standard alarm isn't enough. Use a verified video system (like SimpliSafe or Ring) that allows police to dispatch immediately upon visual confirmation of an intruder.
- Regular Inspections: Visit the property every 48 hours. The longer a squatter stays, the harder they are to remove.
Frequently Asked Questions
Is squatting a criminal offense in Texas?
Sometimes. Simple squatting is often a civil matter. However, Criminal Trespass (Tex. Penal Code § 30.05) applies if they entered despite notice that entry was forbidden.
Can I turn off utilities on a squatter?
No. Even if they aren't paying, turning off utilities is "Constructive Eviction" and is illegal. You must keep services on until the Constable executes the Writ of Possession.
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