Squatters Rights in Texas 2026:How New Laws Expedite Removal

What are the foundations of real estate law in the United States?

Real estate law in the United States is built on state property rules overlaid with key federal consumer protection and anti-discrimination laws. Ownership, leases, and recording are largely state specific, while federal law controls issues like fair housing, lending disclosures, and some accessibility standards.

At a high level, US real estate law covers who owns property, how you transfer it, how you use it, and how you resolve disputes. The main building blocks are:

• State property laws: Define ownership types, deeds, recording rules, adverse possession, and landlord-tenant rights.
• Local zoning and land use rules: Set what you can build where, density, parking, and special permits.
• Federal laws:
  • Fair Housing Act (FHA): Bans housing discrimination based on race, color, religion, sex, national origin, disability, and familial status.
  • Real Estate Settlement Procedures Act (RESPA): Requires closing cost disclosures and bans kickbacks in most home loans.
  • Truth in Lending Act (TILA) and TRID rules: Control mortgage disclosures and timing of closing documents.
  • Americans with Disabilities Act (ADA): Affects accessibility in many commercial properties and rental offices.
• Court-made (common) law: Fills gaps, especially around contracts, negligence on property (premises liability), and interpretation of ambiguous deeds or leases.

How do property ownership and title work in the US?

Property ownership in the US is proven through a chain of title reflected in recorded deeds and documents at the county level. Title companies, lawyers, and sometimes courts review and clear this chain so buyers get marketable title that others will recognize and lenders will accept.

Key ownership concepts

• Types of ownership:
  • Sole ownership: One person or entity owns 100 percent.
  • Joint tenancy: Co-owners with a right of survivorship; a deceased owner's share passes to the other joint tenants automatically.
  • Tenancy in common: Co-owners without survivorship; each owner's share passes by will or intestacy.
  • Tenancy by the entirety: Married couples in some states, with strong protections from one spouse's creditors.
  • Trust or entity ownership: Title is held by a trust, LLC, corporation, or partnership.
• Deeds: Legal documents that transfer ownership. Common forms include:
  • Warranty deed: Seller guarantees good title and agrees to defend against claims.
  • Special warranty deed: Seller only warrants against defects that arose during their ownership.
  • Quitclaim deed: Transfers whatever interest the grantor has, with no promises.
• Recording: Most states require deeds and mortgages to be recorded with the county recorder or clerk to put the world on notice and protect against later claims.

What is a title search and title insurance?

• Title search: A title company or lawyer reviews public records for:
  • Past deeds and transfers
  • Mortgages and liens (tax, judgment, HOA)
  • Easements, restrictions, and covenants
  • Legal description accuracy
• Title insurance:
  • Owner's policy: Protects the buyer's equity against covered title defects.
  • Lender's policy: Protects the mortgage lender's interest.
  • Premium is usually paid once at closing and varies by state and purchase price.

How do buying and selling real estate typically work in the US?

Buying and selling real estate in the US usually follow a contract based process that starts with an offer and ends at a closing where money and the deed change hands. Most states use a written purchase agreement, escrow process, and third party settlement agent such as a title company or lawyer.

Standard purchase process

1. Pre-approval: Buyer obtains mortgage pre-approval from a lender.
2. Offer and acceptance: Buyer submits a written offer; seller accepts, counters, or rejects.
3. Contract period: Once signed, the purchase agreement governs:
   • Purchase price and earnest money
   • Inspection and repair timelines
   • Financing and appraisal contingencies
   • Title and survey review deadlines
4. Inspections and due diligence: Buyer orders home inspection, pest inspection, sometimes specialized inspections (roof, foundation, septic).
5. Appraisal and loan approval: Lender orders an appraisal and underwrites the loan.
6. Title and closing prep: Title company or lawyer:
   • Runs title search
   • Clears liens and prepares closing documents
   • Obtains payoffs for existing mortgages
7. Closing: Parties sign the deed, mortgage, and disclosures; buyer wires funds; settlement agent records the deed and disburses money.

Typical transaction costs by party

What should landlords and tenants know about rental property laws?

Landlord-tenant law in the US is mostly state and city specific, but almost everywhere requires a legal eviction process to remove a residential tenant. Self help actions like changing locks or shutting off utilities are illegal in many states and can trigger automatic damages against the landlord.

Core landlord obligations

• Provide a habitable property (heat where required, safe structure, running water, basic security).
• Follow security deposit rules (limits, separate accounts, itemized deductions, return deadlines).
• Give proper notice for entry, rent increases, and lease terminations, following state or local rules.
• Honor Fair Housing Act and state anti-discrimination laws when advertising, screening, and managing tenants.

Core tenant obligations

• Pay rent on time according to the lease.
• Use the property in a reasonable way and not cause significant damage.
• Comply with lease terms (occupancy limits, pet rules, use restrictions).
• Provide lawful notice before moving out if required by the lease.

Typical eviction process (varies by state)

1. Notice: Landlord serves written notice to pay, cure a violation, or vacate, with a state specific deadline (for example, 3-30 days).
2. Filing: If the tenant does not comply, landlord files an eviction (often called forcible entry and detainer or unlawful detainer) in local court.
3. Hearing: Court hears both sides; if landlord wins, the court issues an order for possession.
4. Removal: Sheriff or constable executes the writ of possession if the tenant still refuses to leave.

Many cities, especially in California, New York, and some Midwestern and Northeastern states, add rent control, just cause eviction rules, or longer notice periods. Always check local ordinances in addition to state law.

Who qualifies as a squatter vs a tenant in the US (and under Texas SB 1333)?

Across the US, a squatter is someone who occupies property without the owner's permission or any valid legal right, while a tenant has consent plus a rental agreement and some history of lawful possession. Under Texas SB 1333, the ability to use the fast removal process turns heavily on whether the occupant is legally a tenant or a squatter.

General US definitions

• Tenant:
  • Has the owner's consent to occupy (written lease, verbal agreement, or conduct showing permission).
  • Usually pays rent or exchanged something of value for occupancy.
  • Is protected by state landlord-tenant law and typically can be removed only through a civil eviction process.
• Squatter:
  • Entered or stayed in the property without permission, and has no valid lease.
  • Often occupies vacant, abandoned, or second homes without the owner's knowledge or consent.
  • Is not a tenant, even if they call themselves one or show a fake lease.

How Texas SB 1333 views squatters vs tenants

Texas Senate Bill 1333 (effective late 2025) creates a fast track for police to remove squatters, but only if the person is not a tenant. The law pushes police to look at objective signs of tenancy vs squatting.

Under SB 1333, factors that strongly suggest a tenant include:

• A written lease that looks authentic and matches the owner's name and property details.
• Proof of rent payments (bank records, receipts, electronic transfers) accepted by the owner or manager.
• Evidence the owner or a legitimate agent previously treated the person as a tenant (emails, texts, maintenance requests, renewal letters).

Factors that strongly suggest a squatter include:

• No lease at all, or a document that appears forged, incomplete, or inconsistent with public records.
• No history of rent payments to the owner or property manager.
• Evidence of forced entry, breaking locks, or entering after the owner moved out or never granted access.
• Utility accounts, mail, and identification that do not align with any known tenancy or with the owner's records.

If there is legitimate doubt about whether the person is a tenant, Texas law will tend to push disputes back into the traditional civil eviction process instead of instant removal.

How does Texas SB 1333 change squatter removal and what affidavit is required?

Texas SB 1333 allows property owners to have law enforcement immediately remove squatters once the owner files a sworn affidavit meeting the statute's requirements. This skips the usual weeks or months long civil eviction process for true squatters, as long as the owner provides specific facts under oath.

What SB 1333 changes for squatters in Texas

• Immediate police removal: Police can remove a qualifying squatter on the strength of the owner's affidavit and supporting documents, without waiting for a court eviction order.
• Civil process bypassed: For true squatters, owners do not have to file an eviction lawsuit, serve court papers, and attend a hearing before regaining possession.
• Focus on owner-proof and good faith: The law relies on owners giving detailed, truthful sworn statements; lying or omitting key facts can backfire badly.

The affidavit Texas property owners must file under SB 1333

SB 1333 requires the owner (or authorized agent) to complete a sworn affidavit that will typically be on a standardized form adopted by Texas law enforcement agencies and shaped by the statute. While the exact form language will be set by Texas authorities, you can expect the affidavit to require at least the following:

• Owner and property identification:
  • Owner's full legal name and contact information.
  • Property address and legal description, matching county records.
  • Statement that the affiant is the owner or is authorized to act for the owner (with capacity described, such as manager, agent, or trustee).
• Proof of ownership:
  • Reference to the recorded deed (date, volume, page, or instrument number).
  • Copies of recent tax statements or other ownership documents may be attached.
• No tenancy statement:
  • Sworn statement that the occupant does not have a written or verbal lease with the owner.
  • Sworn statement that the owner has never accepted rent or other consideration from the occupant as a tenant.
  • Sworn statement that no existing court order grants the occupant possession.
• Unauthorized entry details:
  • Approximate date when the owner discovered the unauthorized occupation.
  • Facts suggesting how the occupant entered (for example, during vacancy, after a prior tenant moved out, or by breaking in).
  • Any evidence of forced entry or changed locks.
• Demand to leave and refusal:
  • Statement that the owner told the occupant to leave (in person, by notice, or both).
  • Statement that the occupant refused or failed to leave by a specified date.
• Truthfulness and penalty clause:
  • A statement that the owner signs the affidavit under penalty of perjury under Texas law.
  • Acknowledgment that providing false information can result in criminal prosecution and civil liability.

Typical steps to use SB 1333 for fast squatter removal

1. Gather documents: Collect your deed, tax statements, photos of entry and damage, and any communications with the occupant.
2. Complete the affidavit form: Fill out the required SB 1333 affidavit honestly and completely, preferably with a lawyer's help.
3. Notarize the affidavit: Sign it in front of a notary public so it becomes a sworn document.
4. File with law enforcement: Submit the affidavit and supporting documents to the local police department, sheriff, or constable designated to handle SB 1333 removals.
5. Law enforcement review: Officers review the affidavit, may contact you for clarification, and may speak briefly with the occupant to verify there is no valid lease or court order.
6. Removal: If the criteria are met, law enforcement orders the squatter to vacate and removes them if they refuse to leave.

Because this process is powerful and fast, Texas authorities will treat the affidavit very seriously and will expect precise, truthful information backed by documents.

What are the risks and penalties for falsely labeling someone a squatter in Texas?

Falsely claiming that someone is a squatter under Texas SB 1333 can lead to criminal charges such as filing a false report or perjury, and civil lawsuits for wrongful eviction and statutory damages. Owners who try to use SB 1333 to shortcut proper eviction against real tenants face meaningful financial and legal exposure.

Criminal risks

• False report to law enforcement:
  • Knowingly giving false information to police about a crime or unauthorized occupation can be charged under Texas Penal Code.
  • Depending on the facts, this can be a misdemeanor or a felony, with potential jail time and fines.
• Perjury:
  • Because the SB 1333 affidavit is sworn under penalty of perjury, false statements about ownership, leases, or rent acceptance can support a perjury charge.
  • Perjury in Texas is generally a felony, which can carry significant penalties and long term consequences.
• Tampering with a governmental record:
  • Submitting forged leases, altered documents, or fake notices with the affidavit process can implicate Texas laws on tampering with a governmental record.

Civil liability and damages

• Wrongful eviction / illegal lockout:
  • If it turns out the person was actually a tenant, not a squatter, the owner may face wrongful eviction claims.
  • Under the Texas Property Code, residential tenants wrongfully locked out or removed can often recover actual damages, statutory damages, court costs, and attorney's fees; in some cases this can include at least one month's rent plus an additional statutory amount.
• Civil rights and Fair Housing claims:
  • If the false squatter claim targets a protected group, the occupant may also allege discrimination or retaliation under the Fair Housing Act or state equivalents.
• Defamation and emotional distress:
  • Calling someone a criminal trespasser or squatter when you know they are a lawful tenant can lead to defamation or intentional infliction of emotional distress claims in some cases.

Practical red flags owners should respect

Owners should not use SB 1333 if any of the following are true:

• You have ever accepted rent or security deposits from the person for that property.
• You have communicated with them as a tenant (for example, sending renewal notices, maintenance responses, or rent reminders).
• They have a written lease that you signed, or that appears consistent with your past leasing practices, even if the relationship has soured.
• There is an ongoing court case or previous eviction related to the same person and property.

In these situations, you should assume you are dealing with a tenant dispute, not a squatter problem, and proceed with a normal eviction instead of the SB 1333 shortcut.

How do adverse possession and squatters rights work generally in the US?

Adverse possession is a long term doctrine that sometimes lets a squatter or other non-owner eventually obtain legal title if they possess the property openly, continuously, and without permission for a state specific number of years. It rarely helps modern short term squatters in occupied neighborhoods, but it can matter for boundary disputes and truly abandoned land.

Common adverse possession requirements

While details differ by state, most statutes and case law require that the non-owner's possession be:

• Actual: They physically use the property, not just claim it on paper.
• Open and notorious: Their possession is visible and obvious, not hidden.
• Exclusive: They use it as an owner would, not sharing control with the true owner.
• Hostile or under claim of right: Without the owner's consent, or under a colorable claim like an incorrect deed.
• Continuous for the statutory period: Often 5 to 20 years, depending on the state and whether the possessor paid property taxes.

Why most viral squatter stories do not create ownership rights

• Short term occupation of a few weeks or months almost never meets the statutory period.
• Police or court removal interrupts the continuity of possession.
• Paying rent or having a lease defeats the "hostile" requirement because the owner's consent makes it a tenancy, not adverse possession.
• In many states, adverse possessors must also pay property taxes during the period, which most casual squatters do not do.

Adverse possession is real, but it is far more common in rural boundary disputes and long forgotten lots than in typical suburban or urban homes with engaged owners.

When should a property owner hire a real estate lawyer or other expert?

Property owners should hire a real estate lawyer when a dispute, transaction, or risk is complex enough that a mistake could cost far more than the legal fee. Squatter issues, evictions, title problems, and higher value deals almost always justify professional help.

Situations where a lawyer is strongly recommended

• Using Texas SB 1333 or any squatter removal process:
  • To draft and review the affidavit so it is accurate, complete, and not vulnerable to criminal or civil attack.
  • To advise whether your situation is truly a squatter case or a tenant dispute that requires formal eviction.
• Evictions and lease disputes:
  • Improper notices, timing errors, or retaliation claims can delay or defeat eviction.
  • Lawyers can structure payment plans, move out agreements, and settlement terms that actually stick.
• Title and boundary problems:
  • Conflicting deeds, missing heirs, or survey overlaps often require quiet title actions and negotiated easements.
  • Lawyers coordinate with surveyors and title insurers to clear problems before closing.
• Commercial leases and investments:
  • Complex repair, CAM, percentage rent, and option clauses should be negotiated with legal and financial advice.
• Code enforcement and zoning:
  • Land use lawyers help with variances, special use permits, and defending against citations or stop work orders.

Other experts who may help

• Title company: For standard residential purchases and refinances, to handle searches, closings, and recordings.
• Real estate broker or property manager: To market, screen tenants, draft leases (subject to legal review), and manage day to day issues.
• CPA or tax advisor: To plan for capital gains, 1031 exchanges, depreciation, and rental income tax treatment.
• Security and preservation contractors: For vacant properties prone to squatting, to secure entries, monitor, and maintain premises.

What are the next steps for property owners dealing with squatters or other real estate issues?

Property owners facing squatters, tenant disputes, or major transactions should move quickly to document the facts, understand local law, and get targeted professional help. Acting early and in a structured way usually costs less and produces better outcomes than waiting or improvising.

Action steps if you suspect a squatter

1. Confirm the status:
   • Gather any leases, rent receipts, emails, and texts to see if the person has ever been a tenant.
   • Check with your property manager, HOA, and neighbors for background.
2. Document the situation:
   • Take date stamped photos or videos of doors, locks, windows, and any signs of forced entry.
   • Keep a written log of when you discovered the occupation and any conversations.
3. Consult a local real estate or landlord-tenant lawyer:
   • Explain the facts and ask whether this is a squatter issue or a tenant dispute in your state.
   • If in Texas, ask specifically whether SB 1333 applies and what your affidavit should include.
4. Follow the correct process:
   • If it is a squatter case and SB 1333 or similar laws apply, prepare and file the required affidavit with law enforcement.
   • If it is a tenancy, start the proper eviction process with legally compliant notices and filings.
5. Secure the property after removal:
   • Change locks, board broken windows, and consider alarms or cameras.
   • Keep utilities in your name as needed to avoid damage (for example, pipes freezing).

Action steps for broader real estate planning

1. Review your ownership and title: Confirm your deeds are recorded, your name or entity is correct, and all liens are known and monitored.
2. Update leases and policies: Use modern, state compliant leases and written policies for screening, deposits, and notices.
3. Schedule periodic legal checkups: Every few years, or when laws like Texas SB 1333 change, ask a lawyer to review your forms and procedures.
4. Build a local team: Identify a go to real estate lawyer, broker, and property manager who know your market and your portfolio.

Real estate is one of the largest assets most people and businesses hold, and the law around it is both powerful and unforgiving. A clear understanding of the rules and timely use of experts can protect that investment and keep squatters, disputes, and costly surprises under control.