Detailed Answer
This guide explains what typically happens in Texas when an unauthorized person is occupying (“squatting in”) real property before it is sold, and how an owner or prospective buyer can get that person removed. This is an educational explanation only and is not legal advice.
Is the occupant a squatter, a tenant, or someone with a claim?
Start by determining the occupant’s status. A squatter is someone in possession without the owner’s permission and without a lease. But people sometimes claim they are tenants, licensees, or have some other right to stay. Law enforcement and courts treat those situations differently:
- If the occupant has a lease, the landlord/owner must follow eviction procedures.
- If the occupant has no permission and clearly is trespassing, criminal trespass laws may apply.
- If the occupant claims long-term possession, they might attempt an adverse possession claim — but adverse possession in Texas requires years of open, exclusive, continuous possession under specific legal elements, so it rarely resolves quickly.
Do not use self-help removal
Texas law generally bars owners from using “self-help” to evict someone—changing locks, removing personal property, shutting off utilities, or physically removing people. Attempting to forcibly remove someone can expose you to criminal and civil liability. Instead, use legal procedures below.
Immediate options: law enforcement and criminal trespass
If the person is clearly trespassing and you can show you are the lawful owner (deed, tax records), you may call local law enforcement. Police can sometimes remove trespassers under Texas criminal trespass statutes. See Texas Penal Code chapter on criminal trespass, including §30.05: Texas Penal Code §30.05 (Criminal Trespass).
Be aware: police may decline to remove an occupant if the person claims to be a tenant or if the matter looks like a civil dispute. In that case, proceed to a civil eviction (forcible entry and detainer).
Civil remedy: Forcible entry and detainer (eviction) in Texas Justice Court
The typical legal path to remove a squatter or holdover occupant is to file a forcible detainer action (an eviction) in the justice court for the precinct where the property sits. Forcible entry and detainer procedures are set out in the Texas Property Code, Chapter 24: Tex. Prop. Code Ch. 24 (Forcible Entry and Detainer).
Key points about this process:
- File a petition in the local justice court. You must identify yourself as the owner or your legal interest and describe the occupant’s possession.
- The court will set a hearing (often within a short period, depending on local practice and statutory timelines).
- If the court finds for the owner, it will issue a judgment for possession and may award rent, damages, and court costs.
- After judgment, the court clerk or judge can issue a writ of possession. A constable or sheriff executes the writ and physically removes the occupant if they still refuse to leave. This is the lawful, enforced removal mechanism.
Evidence you will need at court
Bring clear documentation proving your right to possession:
- Deed, title report, or other proof of ownership.
- Purchase contract or escrow documents if you are a buyer asserting a contractual right to take possession at closing.
- Tax records, utility bills, photos, dated communications (texts, letters) showing the occupant’s lack of permission.
- Witness statements or sworn affidavits from neighbors or property managers.
What about adverse possession claims?
Some occupants will threaten adverse possession (“squatters’ rights”). Texas law allows adverse possession claims, but they require satisfaction of statutory elements and substantial time in possession. See the Civil Practice & Remedies Code for limitations and adverse possession provisions: Tex. Civ. Prac. & Rem. Code Ch. 16 (Limitations; adverse possession). In practice, adverse possession usually requires years of continuous, open, exclusive, and adverse possession, so an occupant who shows up shortly before a sale rarely qualifies.
Special contexts
- If the property is in foreclosure or owned by a bank (REO), different procedures and timelines may apply. Lenders and servicers often have policies to remove occupants but still must follow eviction law.
- If you are the buyer and the contract requires the seller to deliver vacant possession, you may be able to withhold closing, seek damages, or ask the seller to cure the possession problem before closing. Talk to your closing agent and consider filing an action to enforce the contract if necessary.
- If the occupant poses an immediate danger, call 911. For non-emergency removal, use civil remedies.
Typical timeline and costs
Timelines vary by county and court calendar. A straightforward forcible detainer case often proceeds to a hearing in days to a few weeks and, after judgment, a writ of possession can be executed in another several days to a couple weeks. Costs include filing fees, service fees, possible attorney fees, and any costs to secure or repair the property after removal.
Practical next steps checklist
- Confirm ownership documents and gather proof of possession rights.
- Try to identify the occupant and request that they leave in writing.
- If safe and appropriate, call local police to report trespass—be prepared that police may treat it as a civil matter.
- If police cannot or will not remove the occupant, file a forcible detainer suit in justice court under Tex. Prop. Code Ch. 24: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.024.htm.
- At court, present proof and ask for a writ of possession if you win.
- After removal, secure the property (locks, alarm) and document the condition for any further claims.
Where to get help
If you are unsure how to proceed, contact a local attorney who handles evictions, real estate closings, or property disputes. Courts and local legal aid organizations can also explain justice court procedures in your county. Because rules and timelines vary by county, local counsel or court clerks can clarify practical steps and schedules.
Important statutory references
- Forcible entry and detainer (eviction): Texas Property Code, Chapter 24 — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.024.htm
- Criminal trespass (penal provisions): Texas Penal Code, Chapter 30 (see §30.05) — https://statutes.capitol.texas.gov/Docs/PE/htm/PE.30.htm#30.05
- Adverse possession and statutes of limitation: Texas Civil Practice & Remedies Code, Chapter 16 — https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
Helpful Hints
- Do not remove a person or their belongings yourself. Use the court and law enforcement.
- Collect and organize proof of ownership before initiating proceedings: deed, title report, tax bill, or purchase contract.
- Document the occupant’s presence with dated photos, videos, and witness statements.
- If you are buying the property, include a clause that requires vacant possession at closing and consider an escrow holdback for possession issues.
- When contacting police, be factual and provide proof of ownership; clarify whether the issue is criminal trespass or a civil dispute.
- Expect delays: eviction processes vary by county; plan closing dates and remedies with time in mind.
- If the occupant threatens to claim long-term rights, retain counsel to evaluate any adverse possession risk early.