Short answer: If someone moved into your vacant Houston-area house without permission, you have more tools now than you did a couple of years ago. Since September 1, 2025, Texas law lets an owner file a sworn complaint and ask the sheriff or a constable to remove a true squatter without going to court first. If the person is a former tenant, a family member, or the facts are disputed, you’ll use the eviction process in justice court instead. Either way, don’t try to remove anyone yourself. Once you have the house back, you can secure it and decide whether to keep it, rent it, list it, or sell it as-is.
This comes up most with empty houses: a parent’s home after they pass, a rental between tenants, a house waiting on repairs, or a place the owner moved away from. Here’s how the rules work.
Squatter, Tenant, or Family? Why the Label Matters
The first question is who is in the house and how they got there, because Texas handles each situation differently.
A squatter is someone who entered without the owner’s consent and has no right to be there. The new removal process was written for this situation.
A current or former tenant who stopped paying or stayed after the lease ended isn’t a squatter under the new law. That’s a regular eviction, and the landlord usually has to give at least three days’ written notice to vacate first unless the lease says otherwise. (Sec. 24.005) Our guide on why landlords shouldn’t handle evictions themselves covers that side.
An immediate family member of the owner is also excluded from the new process.
Some people living in vacant houses claim they rented it from someone. The same 2025 law made it a crime to present a fake lease or deed to stay on a property, and a first-degree felony to knowingly rent, lease, or sell a home you don’t have the right to rent or sell. (S.B. 1333)
Option 1: Ask the Sheriff or Constable to Remove Them
Chapter 24B of the Texas Property Code took effect September 1, 2025. It lets an owner, or the owner’s agent, ask the sheriff or constable in the county where the house sits to remove a person who unlawfully entered and is living there. (Texas Property Code ch. 24B)
When it applies
All of these have to be true (Sec. 24B.001):
- The property wasn’t open to the public when the person entered.
- There’s no pending lawsuit between you and that person over the property.
- You or your agent told the person to leave, and they didn’t.
- The person isn’t a current or former tenant or an immediate family member.
How it works
You fill out a complaint that follows the form in the statute and sign it under penalty of perjury. You attach a copy of your government ID, and an agent attaches proof of authority to act for the owner. (Sec. 24B.002)
The officer has to verify that you’re the record owner or the owner’s agent and that you qualify. After that, the officer serves a notice to immediately vacate, by handing it to an occupant or posting it on the front door, and puts you in possession of the house. (Sec. 24B.003)
The officer can charge you a fee equal to what that office charges to execute a writ of possession. If you ask the officer to stay while you change the locks and move the occupants’ belongings to the property line, the office can also charge an hourly rate. Call the sheriff or the constable precinct for your property to ask how they take these complaints and what they charge. Harris County Constable Precinct 7, for example, explains the process on its website.
Only use it when the facts are clear
This process is fast because there’s no judge up front, so the law puts the risk on the person filing. Someone wrongfully removed can sue to get back in and recover actual damages, three times the fair market rent, court costs, and attorney’s fees. (Sec. 24B.005) If there’s any real question about a lease, a family tie, or a claim to ownership, go the court route instead.
Option 2: File an Eviction in Justice Court
When the new process doesn’t fit, you file an eviction case. The 2025 eviction reform, S.B. 38, changed the process for cases filed on or after January 1, 2026. (S.B. 38 summary)
- Notice to vacate. For someone who entered without consent, the notice can be oral or written and can tell them to leave immediately. (Sec. 24.005)
- Sworn petition. You file in the justice court precinct where the property is located. (Sec. 24.0041)
- Summary disposition. In a forcible entry and detainer case (the squatter version), you can include a sworn motion asking the judge to rule without a trial. The occupant has until the fourth day after being served to respond. If there’s no real dispute, the court can rule for you without a trial. (Sec. 24.005106)
- Trial. Otherwise, the trial is set between the 10th and 21st day after you file. (Sec. 24.0051)
- Writ of possession. If you win, the writ can’t issue before the sixth day after judgment unless a possession bond is filed. The officer serves it within five business days and posts a 24-hour warning first. (Sec. 24.0061)
Either side can appeal within five days, and the justice court decides who gets possession, not who owns the title. (Sec. 24.004) You can represent yourself in justice court, but a lawyer is worth it when the facts are messy. Harris County’s justice courts post updated forms on their eviction information page.
What Not to Do
Don’t change the locks on them, shut off utilities to force them out, haul their things to the curb, or confront them. That can turn into a safety problem or a legal one. Let the officer or the court handle removal.
If you see a break-in happening or feel unsafe, call the police. Chapter 24B doesn’t limit their ability to arrest someone for trespassing, vandalism, or theft. (Sec. 24B.006) Take photos, save texts, and write down dates.
If You Inherited the House
Heirs run into a specific snag here. The officer has to verify that you’re the record owner or the owner’s agent. If the deed is still in a late parent’s name, that can be harder to show, and you may need to sort out probate or heirship first. Our guide on an inherited house with unclear ownership walks through those steps, and a probate attorney can tell you the fastest path for your situation.
How to Protect a Vacant House
- Visit or drive by often, or ask a trusted neighbor to keep an eye out and call you.
- Keep doors, windows, and side gates locked, and fix broken ones quickly.
- Keep the yard mowed and the mail picked up so the house doesn’t look abandoned.
- Post No Trespassing signs.
- Keep your deed, tax statements, and recent photos of the inside where you can grab them.
- Read your insurance policy’s vacancy terms and call your agent if the house will sit empty.
Keep, Rent, List, or Sell?
Once you have the house back, walk through it. You might find damage, trash, or missing fixtures, or it might be fine.
- Keep or rent it if you live close, can handle repairs, and want the income.
- List it with a Realtor if it’s in decent shape and you have the time and money for cleanout and repairs. That usually brings the highest price.
- Sell it as-is if the damage is heavy, you live out of town, or you’re done dealing with it. You give up some price for speed and convenience, so compare offers. Our guide on how cash offers usually compare explains the math.
You can also sell while someone is still in the house, since you still own it. Fewer buyers will consider that, and you have to be upfront about it.
Hypothetical example: Say you live in Dallas and inherited your dad’s house in Pasadena through probate, so the deed is in your name. A neighbor calls to say strangers moved in. You tell them to leave, they don’t, and they’re not family or former tenants. That fits Chapter 24B, so you file a complaint with the constable. Once you get the keys back, you find a full cleanout and some repairs. Now you can price the work and compare listing after repairs with an as-is sale.
Frequently Asked Questions
Is squatting legal in Texas?
No. Entering and staying in someone’s home without consent is unlawful, and since 2025 owners of residential property have a faster removal option under Chapter 24B when the conditions are met.
Can a squatter take ownership of my house in Texas?
Adverse possession exists in Texas, but it takes years of open, continuous, uninterrupted possession. Without a deed or similar paperwork, the main period is 10 years. (Civ. Prac. and Rem. Code ch. 16) Acting quickly is the best protection.
What if the person shows me a lease?
Then the fast removal process may not fit, and you’ll likely need an eviction case so a judge can sort it out. Presenting a fake lease to stay in a property is now a crime.
Can I sell a house with squatters in it?
Yes, you can sell property you own, but most buyers want it empty. Expect fewer offers and be upfront about the situation.
The Bottom Line
Texas owners have real options against squatters now: a sworn complaint to the sheriff or constable when the facts are clear, and a faster eviction process when they aren’t. Use the legal route, document everything, and protect any house that will sit empty. Once you have it back, decide whether keeping, listing, or selling as-is makes the most sense for you.
If you’d like to see what an as-is offer looks like next to listing, you can request a free, no-obligation cash offer by calling Houston Capital Home Buyers at 713-581-9075 or visiting https://houstoncapitalhomebuyers.com/. We’ve bought 500+ houses around Houston, and if listing looks like the better move for you, we’ll say so.
This article is general information about Texas law as of November 2026. It isn’t legal, tax, or financial advice. Your facts matter, so talk with a Texas real estate attorney before you act.
