Squatters’ rights and adverse possession in Texas can turn a simple property oversight into a months-long headache. Landlords who underestimate squatter situations often face delays, legal fees, and unexpected damages before regaining control of their property.
This guide breaks down Texas squatter laws, eviction steps, and prevention tips that every property owner should know. Keep reading to learn how you can handle (and even better, avoid) squatter problems.
What is a squatter?
A squatter occupies a property without the owner’s permission or a valid lease agreement. This person has no legal right to stay, yet can claim certain rights simply by living there. In Texas, this lack of documentation or consent makes a squatter’s presence unauthorized from the start.
For example, a person might move into an empty home outside Houston while the owner works overseas. This squatter then changes the locks, starts receiving mail, and refuses to leave. Because no rental agreement exists, this individual qualifies as a squatter rather than a legal tenant.
Key Differences Between Squatters and Trespassers
Texas landlords must understand the key differences between squatters and trespassers to address unauthorized access to property properly.
Squatters
- Settle into a property and remain there for an extended time without the owner’s consent.
- May try to establish legal rights to occupy or own the space.
- Cannot be removed without a legal eviction.
Trespassers
- Enter a property without consent, but typically leave quickly.
- Have no intent to claim the property or stay long-term.
- Police can usually remove trespassers right away.
Basically, squatters usually stay and seek legal property ownership, while trespassers simply intrude and leave. Knowing the difference will help Texas landlords choose the correct legal path for removal.
Read TenantCloud’s detailed guide to learn more about these differences.
What are squatters’ rights?
Squatters’ rights in Texas refer to limited legal protections that may allow a person occupying property without permission to gain ownership over time. According to TurboTenant, squatters’ rights exist under adverse possession laws if certain conditions are met.
In Texas, squatters’ rights prevent property owners from instantly removing long-term occupants without due process. A squatter who meets legal requirements, such as continuous possession for a set time period, could eventually claim ownership, making early detection and formal eviction essential to protect your property.
Can a squatter actually claim legal rights to a property?
As unbelievable as it may seem, squatters can actually obtain legal rights to a property in Texas through adverse possession. The process is difficult and rarely successful, but landlords should still secure, maintain, and keep thorough records of their properties to prevent adverse possession claims.
Adverse Possession Laws in Texas
Adverse possession in Texas is the legal process by which an unauthorized resident can acquire ownership of property if their residence meets specific conditions.
For a squatter to achieve adverse possession in Texas, their occupancy must be:
- Actual: The squatter must physically use or live on the property in a way consistent with ownership.
- Open and notorious: The squatter’s residence must be conducted openly, in such a way that the original property owner or passersby could notice.
- Hostile: The squatter must live on the property without the rightful owner’s permission, in a manner hostile to the owner’s rights.
- Exclusive: The squatter cannot share the property with anyone else, including the owner or other squatters.
- Continuous: The squatter must live on the property without any long absences for a set period, typically 10 years under Texas law.
Supporting law: Tex. Civ. Prac. & Rem. Code § 16.026, Tex. Civ. Prac. & Rem. Code §§ 16.021–16.028
Occupancy Time Requirements for Adverse Possession
The time requirement for a squatter to claim adverse possession in Texas can vary widely based on the circumstances. Typically, Texas law requires the squatter to occupy and control the property continuously for at least 10 years without the owner’s consent.
However, this time period may be shortened to 3 years if the squatter has a color of title, and could extend as long as 25 years if the original owner has a legally recognized disability.
Any interruption to these time periods resets the timeline, so continuous possession with no absences is required to build a valid adverse possession claim.
Supporting law: Tex. Civ. Prac. & Rem. Code §§ 16.024–16.028
Does the squatter need to have a color of title to claim adverse possession?
In Texas, a color of title is a document that appears to convey ownership, such as a faulty deed. For instance, a squatter might buy land from a scam seller who then gives them invalid paperwork for the property.
Texas squatters do not need color of title to claim adverse possession, but having this document can shorten the required residency time to 3 or 5 years. Without color of title, the squatter must continuously live on the property for the full 10 years.
Supporting law: Tex. Civ. Prac. & Rem. Code §§ 16.024–16.026
Does the squatter have to pay property taxes for adverse possession in Texas?
In many states, squatters must pay property taxes to claim adverse possession. Texas is one of them. Learn more about Texas property taxes in this extensive guide.
Paying property taxes can reduce the required occupancy period for adverse possession in Texas to as little as 5 years if the squatter also has color of title. Because of this, property owners should stay current on taxes to prevent confusion over property ownership.
Supporting law: Tex. Civ. Prac. & Rem. Code § 16.025
How to Legally Remove Squatters from Your Property
To remove a squatter from your Texas property, you’ll need to take formal legal action. Here, we’ll explore each step to regain rightful possession.
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe approaching the squatter, try resolving the issue directly before you file for eviction. You might offer the squatter relocation money, also known as a cash-for-keys agreement, or help them find housing elsewhere.
Important: Never attempt self-help eviction, as this practice is illegal nationwide and can result in serious legal consequences, including fines or a dismissal of your eviction suit.
Step 2: Get in Touch With Local Law Enforcement
Contact local law enforcement and request that an officer visit the property to speak with the squatter. If the officer determines the person is a trespasser rather than a squatter, they can usually remove them immediately, allowing you to avoid the eviction process.
Step 3: Serve the Squatter a 3-Day Notice to Vacate
If neither you nor law enforcement can remove the squatter, you must legally evict the squatter as though they were a tenant. Start by serving a 3-Day Notice to Vacate, which officially informs the squatter that they must leave your property or face formal eviction proceedings.
Step 4: File an Eviction Complaint Against the Squatter
If the squatter hasn’t left after 3 days, file an Eviction Complaint with the justice court in the county of your rental property. This step officially begins the legal process to remove the squatter and get back your property. Read up on the Texas eviction process for more details.
Step 5: Present Your Case in Front of a Judge
Bring strong evidence of squatting to support your case in court, since judges rely on clear proof to confirm ownership and show that the squatter has no legal right to stay. Common evidence includes:
- Dated photos or videos showing the squatter living in your property
- Statements from neighbors, contractors, or property managers who witnessed occupancy
- Records of communications with the squatter, including notices to vacate
- Photos or videos of any damages that the squatter may have caused
During the hearing, the squatter will have the opportunity to present their own evidence, such as a color of title or property tax payments. The Justice Court judge will weigh both sides before deciding whether to issue a Judgment for Possession that will grant full rights to the property.
Step 6: Obtain a Writ of Possession, Authorizing Removal of the Squatter
Assuming the judge rules in your favor, you’ll then request a Writ of Possession from the same justice court that handled your case. In Texas, this order authorizes the constable or sheriff to remove the squatter and return full possession of your property.
First, though, the squatter gets 5 days to appeal the decision, after which you can ask the court to issue the writ. Law enforcement will post a Notice to Vacate and give the squatter 24 hours to move out before returning to enforce the order.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With a Writ of Possession, the constable or sheriff will gain full authority to remove the squatters and return your property to you. If the squatter leaves behind any personal belongings, you can dispose of or sell them as you see fit, since Texas law does not specify any disposal procedures.
Once you regain possession, secure your property immediately. Change all the locks, install motion lights, and schedule routine inspections to prevent future squatters from moving in.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent them from moving in in the first place. Use these practical tips to protect your Texas rental and stay ahead of potential squatter problems.
Inspect the property regularly: Visit it often, or assign a local manager to do so. Regular visits help you spot signs of unauthorized entry or maintenance issues.
Install security cameras: Place visible security cameras near entrances, gates, and driveways. Clear footage deters trespassers and provides valuable evidence if a squatting case goes to court.
Act quickly against trespassers: If you notice someone on the property without permission, contact local law enforcement right away. Doing so could keep a quick trespass from turning into a full-blown squatter situation.
Secure all entry points: Lock every door and window, reinforce other weak spots, and install durable deadbolts wherever possible. A well-secured home discourages squatters from attempting to move in without an invitation.
Maintain the property: Keep the lawn trimmed, the lights working, and the exterior of your rental clean. A well-cared-for rental looks lived in and lets squatters know that someone is paying attention to the property.
Fill vacancies quickly: When a tenant moves out, list your vacant property through a site like TurboTenant. The longer a property sits empty, the more appealing it becomes to squatters.
Screen future tenants thoroughly: Use professional screening tools to verify a rental applicant’s credit, income, and rental history. Careful screening ensures you choose tenants who respect your space and follow the lease terms, helping you avoid potential issues with holdover tenants.
By following these steps, you can strengthen your property’s defenses and avoid costly legal battles. Last but not least, let’s discuss other measures that Texas landlords can take.
Digital Tools to Help Landlords Thwart Squatters
Landlords can handle squatters’ rights and adverse possession in Texas by staying informed and acting fast when someone occupies a rental property without permission. Plus, digital tools can also help.
To protect yourself, use reliable property management software to track leases, monitor vacancies, and organize legal paperwork. Having a strong system in place makes it easy to stop squatters before they can establish a residence on your property or claim adverse possession.
If you want to protect your investment and manage every rental detail in one place, create a free TurboTenant account today and stay ahead of potential squatter problems.
FAQs: Squatters’ Rights & Adverse Possession Laws in Texas
How long does it take a squatter to claim property rights in Texas?
A squatter must live openly and continuously on a property for 10 years to claim ownership through adverse possession in Texas. In some cases, that timeline drops to 3 or 5 years if the squatter holds a color of title or pays property taxes.
Can landlords remove squatters legally without taking legal action?
No, Texas landlords must follow the full eviction process to remove squatters. This requires you to file an Eviction Complaint in justice court and obtain a Writ of Possession, which enables law enforcement officers to remove the squatter.
What’s the difference between a squatter and a holdover tenant?
A squatter lives on your property without permission or a lease, and a holdover tenant refuses to leave your property after their lease ends, but they once had a valid lease agreement. Both require court eviction, but only the holdover tenant began as a lawful occupant under Texas rental law.
Can a landlord turn off power or change locks to remove a squatter?
No. As in other states, Texas law bans self-help evictions entirely. You cannot shut off utilities, change locks, or otherwise block entry to force a squatter to leave. Only a constable or sheriff can remove the squatter after the court issues a Writ of Possession.