Texas Squatter Law: Trespass, Sheriff Removal and the Eviction Process

Texas rewrote much of its law on unauthorized occupants in 2025. A new sheriff and constable removal procedure started September 1, 2025, and a rebuilt eviction process applies to suits filed on or after January 1, 2026. If you own a house and someone is living there without your permission, these are the rules that now govern what happens next.

This guide is the owner's side: the trespass offense, the removal complaint, the eviction steps and the penalties. Whether the person might have a claim of their own, such as adverse possession, is covered in our guide to squatters' rights in Texas. For the offices, fees and courts in Tarrant, Dallas, Collin and Denton counties, read the DFW version of this guide.

Three legal tracks, and which one fits

Texas law gives an owner three separate tools. They can overlap, but each has its own conditions.

Which track fits depends on how the person got in. A stranger who broke into a vacant house is a different case from a former tenant who stopped paying or a relative who was once invited to stay.

Criminal trespass under Penal Code Sec. 30.05

A person commits criminal trespass by entering or remaining on another's property, including a building or residential land, without effective consent, when they either had notice that entry was forbidden or received notice to leave and did not. The statute lists what counts as notice:

• oral or written communication from the owner or someone with apparent authority to act for the owner;
• fencing or another enclosure obviously designed to keep intruders out;
• signs posted on the property or at the building entrance, reasonably likely to come to an intruder's attention;
• purple paint marks on trees or posts, under the rules the statute sets out; and
• a visible crop grown for human consumption that is under cultivation or being harvested.

The default grade is a Class B misdemeanor. It rises to a Class A misdemeanor when the trespass happens in a habitation, among other situations, and to a third-degree felony in one narrow case tied to another offense. Whether police make an arrest on a given call is up to the officers and prosecutors, not the owner.

The chapter 24B removal complaint (since September 1, 2025)

Senate Bill 1333 added chapter 24B to the Property Code. Under Sec. 24B.001, the owner of residential property, or the owner's agent, may ask the sheriff or a constable of the county to remove a person immediately if all of these are true:

1. The person unlawfully entered and is occupying a dwelling on the property without the owner's consent.
2. The property was not open to the public when the person entered.
3. There is no pending lawsuit between the owner and the person about the property.
4. The owner or agent told the person to leave, and the person has not.
5. The person is not a current or former tenant of the owner under an oral or written lease, and not an immediate family member of the owner.

The complaint follows a form written into Sec. 24B.002. The owner initials 12 statements, including that any lease the person shows is fraudulent and that the owner understands they can be sued for a false statement. A copy of government-issued ID is attached, plus proof of authority if an agent signs. It is made under penalty of perjury, either under oath or as an unsworn declaration.

Under Sec. 24B.003, the sheriff or constable verifies that the complainant is the record owner or the owner's agent and is entitled to relief. The officer then serves a notice to immediately vacate, by hand delivery to an occupant or by fixing it to the front door, and puts the owner in possession. The officer tries to identify each occupant and may arrest anyone found there on a warrant, for trespass or for another offense with probable cause. The officer's fee equals the fee for executing a writ of possession.

The risk runs both ways. Sec. 24B.005 lets a person wrongfully removed sue to get back in and to recover actual damages, exemplary damages equal to three times the fair market rent, costs and attorney's fees, and the court must hear that case at the earliest practicable date.

The eviction suit, step by step

When chapter 24B does not fit, the route is an eviction suit in justice court. Senate Bill 38 changed chapter 24 for suits filed on or after January 1, 2026, and the Supreme Court of Texas rewrote Rule 510 as a standalone eviction rule on the same date. For a person who entered without consent, the case is called forcible entry and detainer.

1. Notice to vacate. For a forcible entry, Sec. 24.005(d) requires oral or written notice before filing, and it may demand that the person leave immediately or by a set deadline. A tenant at will or by sufferance gets at least three days' written notice under Sec. 24.005(b).
2. Sworn petition in the right precinct. The suit is filed by sworn petition, in the justice precinct where the property sits (Secs. 24.00505 and 24.0041). Under Rule 510.3, an individual may appear without a lawyer or through an authorized agent.
3. Service. A sheriff or constable must make a diligent effort to serve the citation within five business days of filing. After that, the owner may use another trained officer (Sec. 24.0051(f)).
4. Summary disposition or trial. In a forcible entry and detainer case, the owner may attach a sworn motion for summary disposition. If the occupant does not file a response showing a real factual dispute by the fourth day after service, the court may rule without a trial (Sec. 24.005106). Otherwise trial is set 10 to 21 days after filing.
5. Appeal window. Either side may appeal within five days after judgment. An appealing tenant must swear to a good-faith belief in a meritorious defense (Sec. 24.005107).
6. Writ of possession. Under Rule 510.18, the writ cannot issue before the 6th day after judgment, or the day after the appeal deadline if later, and not more than 60 days after judgment without good cause. The officer posts a warning on the front door at least 24 hours before executing it (Sec. 24.0061(d)).

Rule 510.9 also allows an immediate possession bond, approved by the judge, which can speed up the writ when the occupant was given notice of the bond and judgment is entered.

Penalties at a glance

The fake-document offense, the fraudulent listing offense and the habitation tier of criminal mischief all took effect September 1, 2025.

Locks, belongings and utilities: what the statutes say

Owners often ask whether they can simply change the locks, box up the occupant's things or shut off the power. The statutes treat those acts carefully, and the answer depends on who the occupant is.

• Tenants. Property Code Sec. 92.0081 bars a landlord from locking a tenant out except by judicial process or in a few listed situations, such as repairs or premises the tenant abandoned. Sec. 92.008 bars a landlord from interrupting utility service the tenant pays for directly, or service the landlord furnishes, unless the interruption comes from bona fide repairs, construction or an emergency; a narrow exception covers some submetered electricity. A tenant who wins under either section can recover one month's rent plus $1,000, actual damages, court costs and attorney's fees, less any rent owed.
• Unauthorized occupants. Chapter 24B describes lock changes and moving belongings only as steps taken during a removal the officer has verified. Sec. 24B.006 says the chapter does not limit an owner's other rights or an officer's power to arrest.
• After a judgment. Under Sec. 24.0061, the officer executing a writ of possession removes people and has property placed outside, not while it is raining, sleeting or snowing.

Whether a particular occupant counts as a tenant is a legal question. A Texas real estate attorney should answer it before you act. For more on the utility question, see our guide to turning off utilities when someone is living in your house.

When an owner decides to sell instead

Some owners work through the legal process and then decide they are done with the property. Once the law has run its course, or if you are weighing options before it starts, you can ask us about the house.

Cash Home Advisors is based in Fort Worth and buys houses across DFW. We pay all closing costs, can close in 7–14 days, and you see the closing statement before you sign. Get a free cash offer, read how it works, or browse our squatters and vacant property guides, including how to sell a vacant house in Texas.

Frequently asked questions

Sources

1. Texas Penal Code, Chapter 30 (Sec. 30.05 criminal trespass)
2. Texas Property Code, Chapter 24B (removal of unauthorized occupant)
3. Texas Property Code, Chapter 24 (eviction suits)
4. Supreme Court of Texas, Misc. Docket No. 25-9096 (Rule 510 rewrite effective January 1, 2026)
5. Texas Rules of Civil Procedure, Rule 510 (current compilation)
6. Texas Penal Code, Chapter 12 (punishments)
7. Texas Penal Code, Chapter 28 (Sec. 28.03 criminal mischief)
8. Texas Penal Code, Chapter 32 (Secs. 32.56 and 32.57)
9. Texas Property Code, Chapter 92 (Secs. 92.008 and 92.0081)

General information, not legal or tax advice. Talk to a Texas attorney or CPA about your situation.

Related guides

• Can Police Remove Squatters in Texas? The 2025 Sheriff Removal Law
• How to Evict a Squatter in Texas: The Court Steps Under the 2026 Rules
• Selling a Vacant House in Texas: Disclosures, Utilities and Timing