Squatting Laws in Texas - An Overview (2024)

A squatter is someone who lives on a property to which they have no title, no rights, and/or no lease. But despite this fact, squatters have protections under federal and state laws.

Under the Texas squatters’ rights, a squatter can legally own property through adverse means. That’s why it’s essential for property owners to familiarize themselves with squatters’ rights in Texas to prevent losing their properties and investments.

What Rights Do Squatters have in Texas? Here is a Guide:

A squatter seeking adverse possession must meet specific requirements in Texas and other states. The requirements are as follows:

The Squatter Must Physically Possess the Property

Under the Actual Possession doctrine, a squatter seeking adverse possession must have a physical presence at the property. In addition to that, they must treat the property like the actual owner would. An example of actual possession is beautification efforts, such as landscaping and fencing.

The Squatter Must Make it Obvious that They are Living on the Property

For a squatter to make an adverse possession claim, they must be able to fulfill the ‘Open & Notorious’ requirement. This simply requires a squatter to prove that they haven’t been hiding their occupation. The occupation must be obvious so much so that even the landowner should know of their occupation.

Squatting Laws in Texas - An Overview (1)

The Squatter Must Prove Exclusivity in their Possession

Here, the squatter must be able to show that they have occupied the property exclusively. Sharing it with others would render their adverse possession claim invalid.

The Squatter Must not have Permission to Occupy the Land

Squatters’ laws in Texas also require squatters to fulfill the ‘Hostile Claim’ requirement. Hostile, in relation to adverse possession claims, doesn’t mean malice or ill will. It simply means that the squatter doesn’t have to know that the property belongs to someone else.

The Squatter Must Reside on the Property for a Continuous Period

Texas has several different minimum time periods that a squatter must meet in order to claim adverse possession, they are as follows:

  • Minimum of 3 years - Here, the squatter must have "color of title" and prove that they have occupied the property for at least 3 years.
  • 5 years - This requires that a squatter pay property taxes for 5 years and reside on the property for a similar period.
  • 10 years - Without color of title and paying taxes, a squatter must reside on the unit for a minimum of 10 years.

The period of occupancy, whether 3, 5, or 10, must be uninterrupted. Note that ‘Color of title’ simply means irregular property ownership. The ‘owner’ may be missing one or more of the required documents required for legal ownership.

Squatting Laws in Texas - An Overview (2)

How to Prevent Squatters from Entering Your Rental Property

Prevention of the problem is better than dealing with it after the fact. The following are steps that can help protect your Texas rental property while it’s vacant:

  • Visit your vacant property regularly. During these visits, make sure to clear collect mail, and clean up the yard. This will make the property look cared for even if empty, thus deterring unwanted occupancy.
  • Cut off all amenities. This will make your property uninhabitable, discouraging squatters from occupying it.
  • Ask your neighbors to be vigilant and report to you any suspicious activity.
  • Ensure that entry points are inaccessible. A squatter can claim legal rights if they entered open or previously compromised entry points.
  • Consider taking your property’s security up a notch by investing in intruder alarms and security cameras.
  • Make sure the property’s perimeter is secure. Consider adding gates or fencing.
  • Hire a professional residential property management company to help you find a tenant for your vacant property. A good property management company can also help you manage tenants once they’ve signed the lease agreement.

How do You Get Rid of Squatters in the State of Texas

Texas doesn’t have any specific laws regarding the removal of squatters from your property. This, therefore, leaves you with one option: the judicial eviction process.

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The eviction process must begin with serving the squatter an eviction notice. There are several eviction notices to choose from in Texas depending on the situation. They include:

3-Day Notice to Quit.

This is meant for tenants (or squatters) who refuse to make their rent payments when it’s due. Some states give the squatter time to pay the rent owned in order to continue living on the property, but Texas isn’t one of these states. If the squatter doesn’t pay all the rent due within the 3 days period, you may proceed with the eviction.

7 to 30-Day Notice to Quit

Texas also allows landlords to evict a tenant that continues to live on the rented premises without having an active lease. The notice period to give them depends on the type of tenancy in operation. Types of tenancies include week-to-week, month-to-month, quarter-to-quarter, and yearly-to-yearly.

3-Day Notice to Quit

You should serve this to a squatter or tenant that commits an illegal activity.

Since the squatter won’t have a good defense to remain on the property, the judgment will most likely be in your favor. The court will then issue you a writ of possession. This will be the squatter’s last notice to vacate the unit. They will have 24 hours to move out before the sheriff can remove them.

Bottom Line

There you have it, a general overview of squatter's rights and measures to take to protect your property! You should also familiarize yourself with the states landlord-tenant laws, security deposit law and rent increase policies.

At Rollingwood Management, Inc., we’re well-versed in Texas laws. If you are facing a squatter problem, get in touch with us to learn more. We also offer full-service property management solutions to ensure that your rental business runs smoothly! In our 36 plus year of Austin property management, a squatter has never moved into any of our properties.

Disclaimer: Laws a subject to change so this post may not be up-to-date at the time of your reading it and therefore should not be used as a substitute for professional legal advice. If you need legal assistance, please contact a licensed attorney.

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Squatting Laws in Texas - An Overview (2024)

FAQs

Can you legally squat in Texas? ›

Who is Considered a Squatter? According to Texas laws, a squatter is somebody who is living on a land or in a building that is either unoccupied, abandoned, or foreclosed without the legal consent of the actual property owner. Unfortunately, squatting is not only legal in the U.S, but it is also quite ordinary.

What are the new Texas squatters laws? ›

Squatters in Texas have certain basic rights. The law gives them rights to the property even if they don't legally own it. As long as the squatter isn't served an eviction notice, they are legally allowed to live on the property and over time could gain legal ownership rights over the property.

Can you shoot a squatter in Texas? ›

Texas Penal Code Section 9.41 explains that a person is allowed to use force, but not deadly force, to terminate a mere trespass or interference with property.

What is the difference between a squatter and a trespasser in Texas? ›

There are two major differences between squatting and a trespassing. Squatting is usually civil in nature, while trespassing is a criminal offense. A squatter occupies a property with the intention of owning it. This isn't the case a trespasser.

What counts as a legal squat? ›

Squats must hit below parallel (hip crease below top of knee). Once you begin to stand the bar path must continue up. If the bar starts to go back down at any point the head referee will tell the spotters to help you move the weight back into the rack. Your feet must stay connected to the ground.

What is the state record squat in Texas? ›

Abilene Wylie's Xzavier Collins set Texas state records with an 830-pound squat and 745-pound deadlift. Abilene Wylie's Xzavier Collins is strong. Like, real strong.

How do I evict someone in Texas without a lease? ›

If there is no lease, a Texas landlord can evict a tenant without providing a reason. Simply give notice to vacate, and follow eviction proceedings if the tenant fails to leave. When there is a verbal agreement but no written lease, whatever terms specified verbally must still be honored.

How do I remove squatters from my property in Texas? ›

Unfortunately, it is illegal in Texas to forcibly remove a squatter from your property. To do so legally, you must file an eviction against the squatter in the same manner you would evict a tenant for non-payment of rent.

How do I evict an occupant in Texas? ›

Until a writ of possession is issued, the tenant can remain in their home.
  1. Step 1: Written Notice to Vacate. Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. ...
  2. Step 2: Filing of Eviction Suit. ...
  3. Step 3: Judgment. ...
  4. Step 4 (optional): Appeal. ...
  5. Step 5: Writ of Possession.
Jun 2, 2023

Can you physically remove someone from your property in Texas? ›

Texas law states that property owners are able to use force to terminate trespassing or theft if they deem it necessary; however, force and deadly force are two different actions. Shooting the trespasser is considered deadly force since the bullet can easily end the person's life.

How much land do you need to have to shoot on your own property in Texas? ›

Most of Texas counties require a minimum of 10 acres to legally hunt or discharge a firearm. There is no statewide mandate but the state has given counties and local jurisdictions the right to establish and enforce 10 acre minimums in the interest of public safety.

What is Castle Doctrine Texas? ›

“The Castle Doctrine is an old common law doctrine, and the basic idea is that if through no fault of a person's arms, they're attacked in their home. They don't have a duty to retreat before they use self-defense,” said Alexandra Klein, an assistant law professor at St. Mary's University.

Can police remove squatters in Texas? ›

Police officers can remove squatters from your property if they are deemed to be trespassing. However, if the squatter has established residency on your property, the police may not be able to remove them without a court order. If the individual is a trespasser, the police may remove them from your property.

How long does it take to evict a squatter in Texas? ›

Since the squatter won't have a good defense to remain on the property, the judgment will most likely be in your favor. The court will then issue you a writ of possession. This will be the squatter's last notice to vacate the unit. They will have 24 hours to move out before the sheriff can remove them.

What is the fastest way to evict a tenant in Texas? ›

The only legal way to remove a tenant from a rental unit in Texas is for a landlord to win an eviction lawsuit (forcible entry and detainer suit) in court. Even after winning the lawsuit, it is illegal for a landlord to take self-help measures to remove the tenant.

How deep is a legal squat? ›

In Powerlifting, adequate depth is defined as having the top of the hip crease below the knee crease (slightly below parallel). Many people immediately think, “If you can't squat low, your ankles must not be mobile enough!” While ankle mobility is certainly a potential factor, it's not the only possible cause.

Do you have to go all the way down for a squat? ›

You should squat no lower than the point where your hip begins to tuck under and you lose the natural arch in your lower spine. When your spine flattens out with a heavy barbell across your shoulders, a large amount of hydraulic pressure is imposed on the discs in your spine.

What are the squat commands? ›

The commands for the squat are simple: squat and rack. A lifter receives the squat command from the head referee after the lifter has unracked the bar and is standing motionless with locked knees. A lifter receives the rack command once they are standing motionless with locked knees after the completion of the squat.

Who can squat the most? ›

Ray Orlando Williams (born 1986) is an American powerlifter, who currently holds the world record for the heaviest drug-tested, raw (unassisted/assisted) squat at 490 kg (1,080 lb).

Who held the longest squat? ›

UAMS' John Arthur, M.D., Ph. D., poses with Gabby Rushing after she set the world record for longest time to hold a deep squat. With her feet flat, her hips below her knees and her back straight, the North Little Rock woman squatted for two hours on the stage of the Fred W. Smith Auditorium in the UAMS Jackson T.

What is the 50 year old squat record? ›

He took part in the raw 220-pound category for men 50 years and older by successfully squatting 630 pounds, breaking the 628-record of Great Britain's John Mitchell. “I had been after [this title] for a few years,” Howell said. This marks Howell's seventh world record.

How long before a guest becomes a tenant in Texas? ›

Tennessee: Guests become tenants after paying rent to occupy the property or as specified in the lease. Texas: Guests become tenants after contributing to the rent, bills, or other expenses, after using the property as a mailing address, or as specified in the lease.

What is an illegal eviction in Texas? ›

When is an Eviction Illegal? There are circ*mstances where an eviction is simply illegal as a matter of law. A landlord cannot evict a tenant based on race, sex, national origin, disability or family status.

Do you need an eviction notice to kick someone out in Texas? ›

Step 1: Written Notice to Vacate.

Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. They cannot file an eviction suit before they give this notice in writing.

How do I get around squatters rights? ›

File a lawsuit if the squatter refuses to leave. You may want to use a real estate attorney who specializes in residential evictions to make sure that you follow the correct legal process. After the hearing is scheduled and you receive a judgment in your favor, local law enforcement will be used to remove the squatter.

What is a 30 day notice to vacate in Texas? ›

A Texas Lease Termination Letter Form (30-Day Notice) is a legal document that may be completed and delivered by either a landlord or tenant to serve a 30-day notice to vacate a rental property.

How do I claim an abandoned house in Texas? ›

Unclaimed Personal Property

Once the personal property is considered abandoned under the law, it must be reported to the Texas Comptroller. Texans can search for unclaimed property in their name through the Texas Comptroller's website and submit a claim.

Can a house guest refuses to leave in Texas? ›

If your guest won't leave, you could be in violation of your lease. If you don't remedy the situation, your landlord could terminate your lease and evict everybody that lives there. NOTE: Although a landlord can terminate a tenant's lease, only a court can order an eviction.

What is a tenant vs occupant in Texas? ›

Occupants are not tenants; they are not named on the lease, but you can authorize them to stay on the property as a landlord. Occupants do not have financial responsibility for the lease and have no specific rights under landlord/tenant law.

What are my legal rights as a tenant in Texas? ›

Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. If other tenants in your building are disturbing you, you should complain to the landlord.

What does a purple fence mean in Texas? ›

As fall weather ramps up and hunting season continues, remember that in Texas, a purple stripe means “no trespassing,” so if you see one, don't go beyond it. In Texas Penal Code §30.05, if a property is fenced, posted with at least one sign, or marked with purple paint, it is illegal for anyone to enter.

Can I call the police to have someone removed from my home Texas? ›

Guests must have permission to remain in your home. Once you withdraw that permission, they are trespassing. You may call local law enforcement to remove them from your home if they refuse to leave.

What is it called when someone refuses to leave your property? ›

Technically, in most situations, a houseguest who remains after being asked to leave is trespassing.

Can you hunt on your own land without a license in Texas? ›

More than 95% of the land in Texas is privately owned or managed. You can hunt on the private land that you own or get permission from the landowner to hunt as a guest or pay the landowner to hunt on that land.

How many houses can you build on 1 acre in Texas? ›

What Can You Do With One Acre of Land? An acre is equivalent 43,560 square feet. To give you an idea of exactly how large one acre is, consider that many developers are able to squeeze about 15 houses per acre. It is just about the size of a football field.

How many houses can you build on 5 acres of land in Texas? ›

However, the median size of a family house is 2,261 square feet or 0.05 acres. So, on a 5-acre parcel, you could fit 96 homes. That's enough to create your community!

What is the penal code 9.31 in Texas? ›

Section 9.31 - Self-Defense (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force.

What is the penal code 9.32 in Texas? ›

Penal Code 9.32 sets out that person can use deadly force when he reasonably believes it is immediately necessary to: protect against another's use or attempted use of unlawful deadly force, or. to prevent an aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

What is the penal code 30.05 in Texas? ›

According to Texas Penal Code 30.05, criminal trespassing is the act of knowingly entering private property without the consent of the owner. Typically these properties have a sign that forbids entry or the individual is asked to leave the property by one of its residents.

How long can you squat in a house in Texas? ›

The Squatter Must Have Resided on the Property for a Continuous Period of Time. In Texas, this period is 10 years. This time must not be interrupted. In other words, they cannot file for an adverse possession if they, for example, give up the property for a while and then return to claim it later.

How does squatting work in Texas? ›

Texas Squatters Rights: Bottom Line

If a vacant property is open, available, and without proper security, then a squatter is likely to take up residence. After meeting the state-required criteria, a squatter can eventually claim adverse possession, and gain ownership rights to the property.

How does Airbnb deal with squatters? ›

Airbnb Squatters' Rights

Then they'll claim that they are tenants so they can remain on the property. If they can show some proof of tenancy to the police such as utility bills – whether true or falsified – the authorities won't remove them. You may have to start a formal eviction process.

What does color of title mean in Texas? ›

Color of title refers to a claim based on a land right, land warrant, land scrip or an irregular chain of title “that does not want of intrinsic fairness or honesty.” Thereafter, the owner fails to file suit to recover the property within three years.

How do I evict a roommate in Texas? ›

Head to the Justice of the Peace Court that serves the county in which you reside (a “J.P. Court,” in Texas lawyer lingo). Fill out a petition for eviction, a case information sheet, and a military status affidavit. The latter two documents need to be notarized. File these with the court.

How much does it cost to evict a tenant in Texas? ›

you, the plaintiff. The Court Clerk will assist you if you have PROCEDURAL questions. The cost for filing an Eviction Suit is $54.00. for serving an Eviction Suit citation is $75.00.

How far behind on rent before eviction in Texas? ›

According to Texas law, rent on the rental unit becomes late if it isn't paid within 2 full days once it's due. When rent is late, you must give the tenant the 3-Day Notice to Quit to kick start the eviction process.

How do I evict a tenant with no lease in Texas? ›

If there is no lease, a Texas landlord can evict a tenant without providing a reason. Simply give notice to vacate, and follow eviction proceedings if the tenant fails to leave. When there is a verbal agreement but no written lease, whatever terms specified verbally must still be honored.

What is the shortest time for squatters rights? ›

What is the shortest time for squatters' rights? The states with the shortest squatters' rights laws require only five years of adverse possession to make a claim of ownership.

Is squatting illegal in the US? ›

In the United States, squatting is illegal and squatters can be evicted for trespassing. Real estate managers recommend that vacant properties be protected by erecting "no trespassing" signs, regular checks, tenant screening, and quickly finding new tenants.

Can you evict a tenant in Texas now? ›

You must get written notice to vacate before the landlord can file a lawsuit to evict you. This notice to vacate must give you at least three days unless your lease allows for a shorter time.

How do I evict a squatter in Texas? ›

To file the eviction lawsuit, a property owner must first notify the squatter through a three-day eviction notice. Once this has passed with no resolution, landowners can officially file their lawsuit with the court. Remember, in a squatter situation, time is of the essence.

What states is squat illegal? ›

Currently, North Carolina and Virginia are the only states with laws prohibiting squatted trucks. Other states, like South Carolina, want to move toward passing legislation that would ban these vehicles. Violators would face an increasingly expensive fine, and repeat offenders could have their licenses suspended.

Which state has the most squatters rights? ›

That's because Florida is one of the states with one of the highest prevalence of squatters. Squatters rights exist in Florida and indeed in the rest of the country. As a matter of fact, they can legally claim ownership of your property through an adverse possession claim.

Why is squatting so hard? ›

But it's actually a very complex movement.” Not only does it use around 200 muscles to perform a squat (that's around a third of all the muscles in your body), it also requires triple extension: that means you're bending through three joints – your hips, knees and ankles – at once.

Is a 3 day eviction notice legal in Texas? ›

Texas law is very specific about how the notice must be given to the tenant and what it must contain. The notice must include: The amount of time the tenant has to move out or fix a certain problem before an eviction suit is filed. This must be at least 3 days unless the lease specifically states otherwise.

Can a landlord stop an eviction in Texas? ›

Talk to Your Landlord

An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.

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