If the sheriff route does not fit, a Texas owner removes a squatter through a forcible entry and detainer suit in the justice court for the house's precinct. You give notice to vacate, file a sworn petition, and may ask for judgment without trial. The writ of possession issues no sooner than the 6th day after judgment.
When the faster sheriff process does not fit, a Texas owner removes a squatter through an eviction suit called forcible entry and detainer. It is filed in the justice court for the precinct where the house sits. The basic path is short: give notice to vacate, file a sworn petition, get the occupant served, win a judgment, then have an officer carry out a writ of possession.
The rules changed on January 1, 2026. Senate Bill 38 rewrote parts of Property Code Chapter 24, and the Supreme Court of Texas rewrote Rule 510 to match for suits filed on or after that date. The court approved the rule on a preliminary basis and took comments until February 1, 2026, so check the current text before you file. If your house is in North Texas, our DFW squatter eviction guide lists local fees and courts.
First, check whether you need a lawsuit
Since September 1, 2025, Property Code Chapter 24B lets an owner ask the county sheriff or a constable to remove a person who moved into a dwelling without consent. It only works when the occupant is not a current or former tenant, not immediate family, and not already in a lawsuit with you over the property. We cover that route in can police remove squatters in Texas. If any of those conditions fails, or you would rather have a judge's order, you go to court.
Forcible entry or forcible detainer?
The name of the suit tells the court how the person got in.
- Forcible entry and detainer. Under Property Code 24.001, this covers a person who entered without legal authority or by force and will not give up possession when asked. Entry without the consent of the person in actual possession counts.
- Forcible detainer. Under 24.002, this covers a tenant holding over, a tenant at will or by sufferance, or a tenant of someone who got in by forcible entry, who refuses to leave on a written demand.
The classic squatter case is forcible entry and detainer. If you let the person stay at some point, even informally, the facts may point to forcible detainer instead. An attorney can tell you which one fits.
Step 1: Notice to vacate (Prop. Code 24.005(d))
Property Code 24.005(d). When the occupant's entry was a forcible entry, the person entitled to possession must give oral or written notice to vacate before filing. The notice may demand that the person leave immediately or by a stated deadline.
Written notice is easier to prove. Under 24.005(f-3), a required notice can go by mail, by delivery inside the premises in a conspicuous place, by hand to a tenant of the premises who is 16 or older, or by email if the parties agreed in writing. If the person actually receives it, the method does not matter. Keep a copy, a note of the date and time, and any photos.
Count days carefully. Under 24.0042, the first day is not counted, weekends and holidays are, and a period ending on a weekend or holiday rolls to the next business day.
Step 2: The sworn petition and venue
The petition must be sworn. Rule 510.6 lists what it must contain, including the property address, the facts and grounds for eviction, and when and how notice was given. In a forcible entry case, it must also say whether a motion for summary disposition is attached.
The petition is filed in the justice precinct where the house is located. If it is filed anywhere else, the judge must dismiss, and you do not get the filing fee back. You pay filing and service fees when you file, unless you file a Statement of Inability to Afford Payment of Court Costs.
Two limits are built in. The court decides only who has the right to actual possession, not who holds title. Counterclaims and claims against third parties are not allowed in the eviction case. Parties may represent themselves or use an authorized agent who is not a lawyer.
Step 3: Summary disposition
New for 2026, Property Code 24.005106 and Rule 510.10 let an owner in a forcible entry case attach a sworn motion for summary disposition to the petition. The motion must lay out the supporting facts and attach every document it relies on.
The occupant then has 4 days after being served to file a response with facts and documents. If nothing shows a genuinely disputed fact, the judge may enter judgment for you without a trial. If there is a real dispute, the court sets a trial at least 10 days, and no more than 21 days, after filing.
Step 4: Service and trial
A sheriff or constable is expected to make a diligent effort to serve the citation and petition within 5 business days after filing. If that does not happen, you may use another law enforcement officer trained in civil process.
The citation sets a trial day 10 to 21 days after filing. No trial can be held until 4 days after service. The occupant does not have to file a written answer. Either side can ask for a jury by filing a written demand at least 3 days before trial or 3 days after service, whichever is later.
If the occupant does not show up, the court can enter a default judgment. To get one, you must give the clerk the occupant's last known email and mailing address and serve the judgment as Rule 510.16 requires.
Step 5: Judgment and the writ of possession
After a judgment for possession, you ask for a writ and pay the fee. Issuing it is a ministerial act that is not subject to review or delay. The timing rules in Rule 510.18(g) are strict:
| Milestone | Rule |
|---|---|
| Earliest issue | The 6th day after judgment, or the day after the appeal deadline, whichever is later |
| Latest issue | 60 days after judgment, or 90 days for good cause |
| Latest execution | 90 days after judgment |
| Who executes | Sheriff or constable; a replacement writ for another trained officer if not served within 5 business days |
Under Property Code 24.0061, the officer posts a warning on the front door at least 24 hours before executing the writ. On the day, the officer delivers possession, orders everyone out, and has belongings placed outside nearby. The property cannot block a public sidewalk or street and cannot be set out while it is raining, sleeting or snowing. The officer may use reasonable force. You bear the cost of issuing and executing the writ.
There is one way to move faster. Under Rule 510.9, you may file a possession bond. If the judge approves it and the occupant was served notice of the bond at least 7 days earlier, the writ can issue right away after judgment. That stops if the occupant perfects an appeal and pays rent into the registry, and other conditions in the rule apply.
If the occupant appeals
Either side may appeal within 5 days after the judgment is signed by filing a bond, a cash deposit or a Statement of Inability. An occupant who appeals must swear to a good-faith belief in a meritorious defense. No motion for new trial is allowed in the justice court.
In a residential case with no oral or written rental agreement, the judgment sets rent for the appeal period at the greater of $250 or the fair market rent, if the court determines one. The occupant must pay the first amount into the court registry within 5 days of appealing to stay in the house. Once the county court receives the papers, it must hold a trial within 21 days.
What the eviction will not settle
An eviction gets you possession. It does not decide title, and under Property Code 24.008 it does not bar a later suit for trespass, damages or waste. If the occupant shows a deed or claims to own the place, the ownership question belongs in a different suit. That is the point to bring in a Texas real estate attorney. This article explains the law in general terms and is not legal advice.
Thinking about selling after the eviction?
Cash Home Advisors does not evict squatters or handle evictions for owners. Once the court process is done and the house is back in your hands, selling is a separate choice. 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. Get an offer, learn how our process works, or read our guide to selling a house as-is in Texas.
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Frequently asked questions
Do I need a written notice to vacate for a squatter in Texas?
No. For a forcible entry, Property Code 24.005(d) allows oral or written notice, and it can demand that the person leave immediately. A written notice with a dated copy is easier to prove, and the petition must say when and how notice was given.
How fast can a Texas squatter eviction move?
The citation must set trial 10 to 21 days after the petition is filed, and trial cannot happen until 4 days after service. If you file a sworn motion for summary disposition and the occupant does not show a genuine dispute within 4 days of service, the judge may rule without a trial. The writ generally cannot issue before the 6th day after judgment.
Can the justice court decide who owns the house?
No. The court decides the right to actual possession, not title. If the occupant claims ownership through a deed, a title dispute has to be resolved in a separate suit. Talk to a Texas real estate attorney if that happens.
Do I need a lawyer to evict a squatter?
Texas lets parties in a justice court eviction represent themselves or use an authorized agent who is not a lawyer. Many owners still hire an attorney, especially when the occupant produces a lease or a deed.
What happens if the squatter appeals?
An appeal must be filed within 5 days after the judgment is signed. In a residential case with no rental agreement, the judge sets rent during the appeal at the greater of $250 or the fair market rent, and the occupant must pay into the court registry to stay. The county court holds a new trial within 21 days after it receives the case papers.
Sources
- Texas Property Code Chapter 24, forcible entry and detainer (as amended by SB 38, effective January 1, 2026)
- Texas Rules of Civil Procedure, current text including Rule 510 (Texas Judicial Branch)
- Supreme Court of Texas, Misc. Docket No. 25-9105, amended order on Rule 510
- Texas Property Code Chapter 24B, removal of certain unauthorized occupants
General information, not legal or tax advice. Talk to a Texas attorney or CPA about your situation.