Often, yes. Since September 1, 2025, a Texas owner can file a sworn complaint asking the county sheriff or a constable to remove a person who moved into a house without consent, if that person is not a tenant or family member and no lawsuit is pending between them. Officers can also arrest for criminal trespass.
Yes, in many cases. Since September 1, 2025, Texas law has given owners a way to ask the county sheriff or a constable to remove someone who moved into a house without permission, with no eviction lawsuit first. Officers can also arrest a person for criminal trespass when the facts support it. What police cannot do is decide a real fight over a lease or a deed. Those cases still go to court.
This page covers the statewide rules. If the house is in Fort Worth, Dallas or the counties around them, our DFW guide to squatter removal lists the local offices and what they charge.
Two different tools: a crime and a civil removal
When an owner asks for help with a squatter, there are now two separate tracks. It helps to know which one you are asking for, because different officers and different rules apply.
- Criminal trespass. Any peace officer can act on a crime they have probable cause to believe happened. This is about arrest, not about handing you the keys.
- Removal under Property Code Chapter 24B. This is a civil process. You file a sworn complaint with the sheriff or a constable in the county where the house sits. If it checks out, the officer orders the occupants out and puts you back in possession.
If neither one fits, the fallback is an eviction suit. We walk through that process step by step in how to evict a squatter in Texas.
When trespass is a crime
Under Penal Code 30.05, a person commits criminal trespass by entering or staying on someone else's property without effective consent after having notice that entry was forbidden, or after being told to leave and not doing so. Notice can be spoken or written by the owner or someone with apparent authority. A fence built to keep people out counts. So does a posted sign that says entry is forbidden.
The offense is generally a Class B misdemeanor. It rises to a Class A misdemeanor when it happens in a habitation, which includes a house.
Two newer offenses matter for squatting cases:
- Fake paperwork. Penal Code 32.56, added effective September 1, 2025, makes it a Class A misdemeanor to knowingly hand someone a false lease, deed or other document claiming an interest in real property, with intent to enter or stay on it.
- Damage to the home. Under Penal Code 28.03, criminal mischief to a habitation is a second-degree felony when the loss is at least $1,000 and under $300,000 and it happened while the person was committing criminal trespass.
Even so, an officer at the door has to judge probable cause on the spot. A person holding a lease, or claiming a relative let them in, can make a case look civil. That is where Chapter 24B comes in.
Who can use the Chapter 24B removal
Property Code 24B.001. An owner of residential real property, or the owner's agent, may ask the sheriff or constable of the county to immediately remove a person who unlawfully entered and is occupying a dwelling without the owner's consent. Every one of these must be true:
- The property was not open to the public when the person entered.
- No lawsuit between the owner and that person is pending over the property.
- The owner or agent told the person to leave, and the person has not left.
- The person is not a current or former tenant of the owner under a written or oral lease.
- The person is not an immediate family member of the owner.
Note the order of events. You (or your agent) must tell the person to leave first. The complaint asks you to swear that you did.
What the sworn complaint says
Section 24B.002 sets out the form. It has 12 numbered statements, and you initial each one. Among other things, you swear that:
- any lease the person produces is fraudulent;
- the person is not an owner or co-owner, and any title showing them as one is fraudulent;
- you understand a removed person can sue you over a false statement or a wrongful complaint; and
- a copy of your government-issued ID is attached, plus proof of authority if you are signing as the owner's agent.
The complaint is made under penalty of perjury. It must be made under oath or signed as an unsworn declaration that meets Civil Practice and Remedies Code 132.001. Read every line before you initial it. If you cannot honestly initial one, stop and call a Texas real estate attorney.
What the sheriff or constable does next
- Verifies you. Under 24B.003(a), the officer checks that you are the record owner or the owner's agent, and that you are otherwise entitled to relief.
- Serves a notice to immediately vacate. The officer can hand it to an occupant or attach it to the front door.
- Puts you in possession. This happens without delay once the complaint is verified.
- Identifies the occupants. The officer tries to confirm who is inside and notes each person on the return of service.
- May arrest. The officer may arrest anyone found inside on an outstanding warrant, for trespass, or for any other offense with probable cause.
You pay a fee equal to what that office charges to execute a writ of possession. Section 24B.003(g) lets the owner ask the officer to remain and keep the peace while the owner changes locks and places the occupant's property at or near the property line. Under 24B.003(h), the office may charge a reasonable hourly rate for that time. Ask a Texas real estate attorney before relying on it.
The risk if the complaint is wrong
The law protects officers. Under 24B.004, the sheriff or constable is not liable for loss or damage to property caused by a removal under the chapter. The owner is also shielded for removing personal property, but only subject to 24B.005.
Section 24B.005 is the catch. A person who is wrongfully removed can sue the person who asked for the removal. They can recover the property, actual damages, exemplary damages equal to three times the fair market rent of the dwelling, court costs and reasonable attorney's fees. The court must set those suits for a hearing at the earliest practicable date.
When Chapter 24B does not fit
| Situation | Why 24B may not apply | Common route |
|---|---|---|
| Occupant once rented from you, even on a handshake | Current and former tenants are excluded | Eviction suit in justice court |
| Occupant is your immediate family | Family members are excluded | Eviction suit; talk to an attorney |
| You and the occupant already have a case pending over the property | Pending litigation is excluded | Let that case run |
| The property was open to the public when they entered | The statute requires it was not | Ask an attorney |
| Your name is not on the deed yet | The officer verifies the record owner or agent | Get title in order first; ask an attorney |
The eviction route still works for squatters. Under Property Code 24.001, a forcible entry includes entering without the consent of the person in actual possession, and justice courts decide who gets possession. Chapter 24B also says it does not limit an owner's other rights, so it adds a path rather than replacing the old one.
Inherited and vacant houses: the record-owner problem
If the empty house belonged to a parent who died, there is an added snag. The officer verifies the record owner. If the deed is still in the parent's name, the heir at the sheriff's counter may not look like the owner on paper.
Whether an executor with letters from a probate court, or an heir whose ownership is not yet recorded, can sign the complaint is a legal question. Our guide to selling inherited property in Texas explains the common ways heirs get the power to deal with the house. Ask a Texas real estate or probate attorney before you file.
Before you make the call
- Pull your deed or other proof of ownership, and a copy of your photo ID.
- Section 24B.001(2) requires that the owner or agent has already directed the person to leave. A Texas real estate attorney can explain how to give and document that direction.
- Take photos of the outside, any damage you can see, and any signs or fencing.
- Do not argue with or threaten the occupant. Let officers handle contact.
- If the person claims a lease or a family tie, expect the case to go to court.
This article explains the law in general terms. It is not legal advice for your situation.
If you would rather sell once it is resolved
Cash Home Advisors does not remove occupants or handle evictions for owners. That is work for a sheriff, a constable or a court. Some owners, though, decide after a squatter episode that they are done with the property. If that is you, we are based in Fort Worth and buy houses across DFW. We pay all closing costs, can close in 7–14 days, and you see the closing statement before you sign. Request an offer, read how it works, or browse more squatter and vacant property guides.
Want a cash offer instead?
We buy Texas houses as-is, pay all closing costs, and can close in 7–14 days.
Get my cash offer or call (817) 635-0743
Frequently asked questions
Will city police remove a squatter in Texas?
City officers can arrest a person for criminal trespass when they find probable cause, for example after the owner told the person to leave. The new removal request under Property Code Chapter 24B, though, goes to the county sheriff or a constable, not to a city police department.
How much does a Chapter 24B removal cost?
The statute sets the fee equal to what the sheriff or constable charges to execute a writ of possession in that county. If the owner asks the officer to remain and keep the peace while the owner changes locks and places the occupant's property at or near the property line, the office may also charge a reasonable hourly rate that it sets.
What if the person in the house shows me a lease?
Chapter 24B does not cover a current or former tenant of the owner. If the lease is fake, presenting it to stay on the property can be a Class A misdemeanor under Penal Code 32.56. If there is a real dispute about the paperwork, the usual route is an eviction suit in justice court. Ask a Texas real estate attorney which applies.
Can I be sued for using the sheriff removal process?
Yes. A person who is wrongly removed can sue to get back in and to recover actual damages, exemplary damages equal to three times the fair market rent, court costs and attorney's fees. The complaint itself is signed under penalty of perjury.
Does Chapter 24B work on vacant land with no house?
The chapter is written for a person occupying a dwelling on residential real property. For someone camping or parking on bare land, the tools are criminal trespass and, where needed, a civil suit. Confirm the right path with an attorney.
Sources
- Texas Property Code Chapter 24B, removal of certain unauthorized occupants
- Texas Penal Code Chapter 30, including 30.05 criminal trespass
- Texas Penal Code Chapter 32, including 32.56 false documents conveying a real property interest
- Texas Penal Code Chapter 28, including 28.03 criminal mischief
- Texas Property Code Chapter 24, forcible entry and detainer
General information, not legal or tax advice. Talk to a Texas attorney or CPA about your situation.