Bottom line up front: Texas law is clear: squatters have no right to occupy property they don't own or lease, and the 2023 HB 1929 legislation made it faster for Texas property owners to remove squatters with law enforcement assistance. However, "faster" doesn't mean "instant" — you still need a legal process, and squatters who claim a lease (even a fake one) can drag the timeline to weeks. If you want to sell the property, you have two options: remove the squatter first, then sell; or sell to a cash buyer who accepts the situation and handles the removal post-close.
By Zareena Samidon | Samidon Realty Group | Colleyville, TX
Table of Contents
- Texas Squatter Law: What HB 1929 Changed in 2023
- How Adverse Possession Works in Texas — and Why It's Not the Real Risk
- Removing Squatters: The Legal Process Step by Step
- The Squatter Claiming a Lease — Your Options
- Property Damage: Documenting and Recovering
- Selling a Property With a Squatter Situation
- Preventing Squatters in Vacant Texas Properties
- Frequently Asked Questions
Texas Squatter Law: What HB 1929 Changed in 2023
Before 2023, Texas had no specific streamlined squatter removal statute. Property owners had to use the standard eviction process — the same Forcible Entry and Detainer (FED) suit designed for landlord-tenant disputes — even when someone had absolutely no legal right to the property. The process took weeks, and squatters who fabricated a "lease" could delay it further.
HB 1929 (effective September 1, 2023) created a faster removal path:
- Law enforcement can remove squatters on the spot if the property owner provides an affidavit confirming no lease exists
- Removes the requirement to go through a full JP court hearing in qualifying cases
- Creates criminal penalties for squatters who resist removal after a lawful order
- Explicitly protects property owners who act in good faith to remove squatters from civil liability
The practical effect: Property owners who can clearly document they never had a lease with the occupant can potentially have law enforcement remove squatters much faster than the traditional 3–6 week FED process. However, if the squatter claims any lease or tenancy, the law enforcement fast track may not apply and the FED process continues.
What didn't change:
- You still cannot forcibly remove squatters yourself (no self-help)
- You still cannot shut off utilities as a removal tactic
- If there's any landlord-tenant relationship (oral or written), you must use eviction
How Adverse Possession Works in Texas — and Why It's Not the Real Risk
Adverse possession is the legal doctrine that allows someone to claim ownership of property they've openly and continuously occupied without the owner's permission, after a statutory time period.
Texas adverse possession periods under Texas Property Code §16.021–§16.028:
| Conditions | Time Period |
|---|---|
| Open and notorious possession, no color of title | 10 years |
| Possession with "color of title" (some document claim) | 5 years |
| Paying property taxes + color of title | 5 years (separate statute) |
| Cultivation, use, and enjoyment | 3 years (under restricted conditions) |
| 25-year period (special circumstances) | 25 years |
Why adverse possession is almost never the real risk in a squatter situation:
The requirements for adverse possession are strict:
- Possession must be actual (physically using it like an owner)
- Possession must be open and notorious (visible to neighbors, not hidden)
- Possession must be continuous (no significant gaps)
- Possession must be hostile (without the owner's permission)
- Possession must be exclusive (not shared with the owner)
Most squatter situations are detected and resolved long before any adverse possession period completes. The real risks from squatters are:
- Property damage — deliberate or from neglect/criminal use
- Utility theft — illegal hookups to your service
- Liability — if a squatter is injured on your property
- Sale complications — can't sell with vacant possession until squatter is removed
The 10-year standard period means virtually no Texas squatter who's been there a few months or years has any adverse possession claim. This fear is overblown; the immediate concerns are damage and delay.
Removing Squatters: The Legal Process Step by Step
Under HB 1929 (Fastest Path — No Claimed Tenancy)
If you can clearly establish no tenancy relationship exists:
- Call local law enforcement and explain you have unauthorized occupants with no lease
- Provide a signed affidavit confirming: you own the property, no lease exists, you did not authorize occupancy
- Law enforcement contacts the squatter and verifies the claim
- If no credible tenancy documentation is produced, law enforcement can order immediate removal
- If squatter resists, they face criminal trespassing charges
Timeline: Hours to days — if the squatter has no documentation and law enforcement acts.
Standard Forcible Entry and Detainer (When Tenancy Is Claimed)
If the squatter claims any form of tenancy (oral lease, written agreement, permission to stay), you must use the FED process at JP court.
| Step | Timeline |
|---|---|
| Serve Notice to Vacate (3 days for unlawful occupants) | Day 0 |
| File FED petition at JP court | Day 4 |
| Court sets hearing | Day 12–21 |
| Hearing; judgment entered | Day 12–25 |
| Request Writ of Possession (6-day wait mandatory) | Day 18–31 |
| Constable posts 24-hour notice | Day 19–32 |
| Constable executes writ; squatter removed | Day 20–33 |
Filing fee: $46–$121 at Tarrant County JP courts.
With attorney: Texas law allows non-attorney property owners to represent themselves in JP eviction cases. For a squatter situation without a genuine lease dispute, many property owners handle this without an attorney. If the squatter hires an attorney or appeals, legal representation becomes advisable.
The Squatter Claiming a Lease — Your Options
A squatter who claims to have a lease — even a fraudulent one — can slow the removal process significantly by forcing a full hearing.
Document your ownership and lease history immediately:
- Property deed (confirms ownership)
- All actual leases on the property (shows who you actually leased to)
- Bank statements (shows rent payments from actual tenants — squatter will show none)
- Property management company records (if applicable)
- Prior utility account history (shows who was authorized occupant)
At the JP hearing: The judge will examine the claimed lease. Fraudulent leases are often obvious — wrong names, suspicious dates, non-existent landlord signatures. Bring all your documentation; let the judge compare.
When fraud is apparent: If the lease is clearly fabricated, this may constitute criminal fraud under Texas Penal Code. Consult with an attorney about whether a criminal complaint alongside the civil FED is appropriate. HB 1929 creates additional criminal exposure for squatters who resist removal under false pretenses.
The realistic timeline with a claimed lease: 3–5 weeks if the case is straightforward and the judge sees through the fraudulent document. Longer if they appeal.
Property Damage: Documenting and Recovering
Squatters damage properties — from simple neglect to deliberate destruction to criminal use (drug manufacturing, theft of copper wiring, vandalism).
Before attempting removal, document everything you can from the exterior:
- Timestamped photos of the exterior and any visible damage
- Video walkthrough of the perimeter
- Any visible trash, modifications, or unauthorized structures
Immediately after removal:
- Full interior documentation before touching anything
- Separate photos of each room
- Document all damage, missing fixtures, utility modifications
- Document any personal property left behind (do not remove — follow Texas law on abandoned property)
Recovering costs:
| Recovery Path | What It Covers | Realistic Recovery |
|---|---|---|
| Criminal restitution | If convicted of vandalism/criminal mischief | Depends on prosecution |
| Civil lawsuit (JP or district court) | All damages | Good if squatter has assets (often they don't) |
| Homeowner's insurance | Vandalism coverage | Check your policy; vacancy clauses may apply |
| Property tax deduction | Casualty loss | Limited post-2017 tax reform |
Vacancy insurance: Standard homeowner's insurance often excludes or limits coverage for properties vacant more than 30–60 days. If your property has been vacant, check whether you have a vacancy endorsement or standalone vacant property policy. Without it, squatter damage may not be covered.
Selling a Property With a Squatter Situation
Two paths:
Path 1: Remove Squatter First, Then Sell
Complete the removal process (3–6 weeks typically), assess damage, make necessary repairs if needed for your target buyer, then sell.
Best for: Properties where you want to maximize sale price, target owner-occupant or financed buyers, or where the squatter damage must be addressed before a buyer can access the property.
Path 2: Sell to Cash Buyer With Squatter Disclosed
Disclose the squatter situation, price accordingly, and close with a cash investor who accepts the property as-is and handles the removal themselves.
What happens at closing: The buyer purchases the property knowing a squatter occupies it. Post-closing, the new owner pursues removal under HB 1929 or the FED process. The purchase price reflects the cost and delay of that process.
What a squatter situation does to price: An experienced investor prices squatter situations routinely. The discount reflects:
- Estimated legal/constable costs ($500–$2,000)
- Time cost of removal (3–6 weeks of carrying costs)
- Unknown property damage (inspected as best possible before offer)
- Risk premium for unknown complications
Can a squatter situation prevent closing?
Not for a cash sale. Title company can close on a property with a disclosed squatter when the buyer is a cash investor. What it does prevent: FHA/VA/conventional financing (lenders require clear occupancy confirmation) and retail sales to homebuyers who need vacant possession.
Preventing Squatters in Vacant Texas Properties
The best squatter situation is one that never develops. Properties at highest risk:
- Vacant for 6+ months
- Located in neighborhoods with existing vacant properties
- Recently inherited and not yet actively managed
- In poor visible condition (broken windows, overgrown)
- Disconnected utilities (no lights at night)
Effective prevention:
| Measure | Cost | Effectiveness |
|---|---|---|
| Regular drive-by inspections (weekly) | Low | High — visibility deters squatters |
| Working exterior lights (motion sensor) | Low | High — illuminated properties are less targeted |
| Secured locks on all entry points | Low | High — obvious point of entry |
| Neighbor contact ("please call me if...") | Free | High — neighbors notice first |
| Property management company | Moderate | Very high — professional oversight |
| Formal posting ("No Trespassing") | Very low | Moderate — supports legal action faster |
| Alarm system / security cameras | Moderate–High | High — documented trespass, deterrent |
Frequently Asked Questions
Can I just change the locks on squatters in Texas?
No — not without significant liability risk. Even though squatters have no legal right to be there, Texas law requires you to use the court process to remove them. HB 1929 (2023) did create a faster removal process, but it still goes through law enforcement and courts. Changing locks while someone is inside is a "self-help eviction" prohibited by Texas Property Code.
The squatter is claiming they have a lease. What do I do?
Document that you never entered into a lease with that person. File a Forcible Entry and Detainer suit at the JP court and present your documentation. The squatter bears the burden of proving the lease is legitimate — a forged or fraudulent lease claim doesn't survive court scrutiny when you have contradicting records.
How do squatters typically get into vacant Texas homes?
Most common: unlocked windows or doors, damaged or missing entry points, break-ins through back doors or garage entries. Squatting is most common in properties vacant for months or years where neighbors stop noticing and utility service is disconnected.
Can a squatter situation prevent my sale from closing?
Not a properly structured cash sale. A title company can close on a property with a squatter situation if the buyer is a cash investor who accepts the property as-is with the situation disclosed and priced in. What a squatter situation does prevent: FHA/VA/conventional financing (lenders require clear occupancy), and retail sales to homebuyers who expect vacant possession.
Related: Selling a Vacant DFW Property Out of State · Vacant Property Hub · Problem Tenants Who Won't Leave