Call your insurer first, because the Texas Department of Insurance warns that most companies stop coverage after 60 days of vacancy. Then give clear no-trespass notice, decide what to do with utilities and mail, keep paying taxes, and track the homestead and IRS clocks that start when you move out.
A house can go empty for many reasons: a move, a death in the family, a job in another city, a tenant who left, or a long repair. Whatever the reason, an empty house in Texas raises the same set of questions about insurance, security, utilities, taxes and timing. This checklist walks through them in roughly the order they come up.
It is statewide. If the house is in Dallas, Fort Worth or the surrounding counties, the DFW vacant house checklist adds the city code rules on securing a building and mowing, and the county record alerts.
1. Call your insurance company first
Do this before you move the last box. The Texas Department of Insurance consumer guide on home insurance flags two problems with vacant houses:
- Exclusions. Among the losses many policies do not cover, the guide lists losses that occur if your house is vacant for the number of days specified by your policy.
- Nonrenewal. The guide lists a house that is vacant for 60 days or more as a reason a company may refuse to renew. It says most companies stop coverage after that long, though they usually do not stop liability coverage.
TDI's advice is to talk to your company if you plan to be away for an extended time. Ask what your policy means by vacant, whether it treats a house with furniture differently, and what coverage is available for an empty house. Write down who you spoke with and when.
2. Make it plain that entry is forbidden
Texas criminal trespass law turns on notice. Under Penal Code Sec. 30.05, a person commits trespass by entering or staying without effective consent after having notice that entry was forbidden, or after being told to leave. Notice includes:
- oral or written communication from the owner or someone with apparent authority to act for the owner;
- fencing or another enclosure obviously designed to exclude intruders;
- signs posted on the property or at the building entrance, reasonably likely to be seen, saying entry is forbidden; and
- purple paint marks on trees or posts, placed to the size, height and spacing the statute sets.
Trespass in a habitation is a Class A misdemeanor under the same section. Clear notice also matters if someone moves in. The removal complaint in Property Code chapter 24B, available since September 1, 2025, applies only if the property was not open to the public when the person entered and the owner has told the person to leave. Our guide to Texas squatter law covers that process.
3. Lock up and plan regular visits
Walk the house as if you were trying to get in. Check every exterior door, window, garage door, gate and crawl space opening. Re-key if you are not sure who still has keys. Then set a visit schedule you can keep, or ask a neighbor or property manager to check in.
Each visit, look for broken glass, pried doors, new locks you did not install, trash or furniture that was not there before, and signs that water or power is being used. Many cities also have code rules about securing vacant buildings and keeping grass cut, so check your city's code compliance pages.
If you find someone inside: do not confront them. Leave, call law enforcement, and talk to a Texas real estate attorney before taking further steps. Chapter 24B, a criminal trespass report and an eviction suit each have their own conditions.
4. Decide what to do with utilities
Turning everything off saves money but can cause other problems, such as no power for a sump pump, alarm or security camera, and no water for an inspector. Leaving everything on means paying for service no one uses and watching for leaks. If you might sell, note that paragraph 7A of the TREC 20-19 resale contract requires the seller to turn on existing utilities at the seller's expense and keep them on while the contract is in effect.
Our guide to utilities in a vacant Texas house works through each service.
5. Keep the paper trail in your name
- Mail. A full mailbox signals that no one is home. Forward the mail or have someone collect it.
- Property taxes. Keep paying them on time. Under Civil Practice and Remedies Code Sec. 16.025, the five-year adverse possession period requires, among other things, that the person in possession pays the applicable taxes. An owner who stays current takes that element off the table.
- Accounts and records. Keep a folder with the deed, insurance policy, utility account numbers, tax receipts, alarm codes and contact numbers in one place.
6. Protect the homestead exemption
If the house was your homestead, moving out does not end the exemption on day one. Tax Code Sec. 11.13(l) says a residence keeps its homestead character during a temporary absence if you do not establish a different principal residence and the absence is:
- less than two years, and you intend to return and live there as your principal residence; or
- caused by military service, or by living in a facility that provides services related to health, infirmity or aging.
Sec. 11.42 says eligibility for each tax year is determined by your qualifications on January 1. If you buy another home and make it your principal residence, expect the old homestead to be reviewed. Your appraisal district can tell you how it handles a change.
7. Know the clocks that start when you move out
| Clock | Length | Source |
|---|---|---|
| Insurance vacancy | Set by your policy; TDI says most companies stop coverage at 60 days vacant | TDI home insurance guide |
| Homestead temporary absence | Less than two years, with intent to return | Tax Code 11.13(l) |
| Capital gains exclusion | Lived in it as your main home 24 months of the 5 years before sale | IRS Publication 523 |
IRS Publication 523 allows up to $250,000 of gain to be excluded, or $500,000 for a married couple filing jointly, if you meet the ownership and residence tests. The 24 months need not be continuous. A tax professional can apply the rules to your dates.
8. Document the condition
Take dated photos and a short video of every room, the roof line, the yard and each utility meter the day the house goes empty. Repeat on each visit. If anything goes wrong, those records help with an insurance claim, a police report or a sale.
9. Build a one-page contact sheet
When something goes wrong at an empty house, the owner is often the last to know and the farthest away. Put these on one page and share it with whoever checks on the house:
- your insurance agent and claim line;
- a neighbor who can see the front door;
- a locksmith and a board-up or glass repair company;
- the electric, water and gas providers, with account numbers;
- local police non-emergency and code compliance numbers; and
- a Texas real estate attorney, in case someone moves in.
Update it when anything changes, and keep a copy in your phone.
When holding the house no longer makes sense
Insurance, taxes, mowing and visits add up, and some owners decide to sell rather than keep an empty house safe from a distance. Our guide to selling a vacant house in Texas covers the disclosure and contract points.
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. Ask for a cash offer, read how it works, or see the houses we buy.
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
Does homeowners insurance cover a vacant house in Texas?
Not always. The Texas Department of Insurance says most policies don't cover losses that occur if the house is vacant for the number of days specified by the policy, and that most companies stop coverage when a house is vacant 60 days or more, though they usually keep liability coverage. Call your company before the house sits empty.
Do I lose my Texas homestead exemption if I move out?
Not right away. Tax Code Sec. 11.13(l) keeps the homestead character during a temporary absence of less than two years if you intend to return and do not set up a different principal residence. Eligibility for each tax year is judged as of January 1.
What counts as no-trespassing notice in Texas?
Penal Code Sec. 30.05 lists oral or written communication from the owner, fencing designed to exclude intruders, signs reasonably likely to be seen that say entry is forbidden, and purple paint marks placed as the statute describes.
How long can my old home sit vacant and still qualify for the capital gains exclusion?
IRS Publication 523 generally requires that you owned the home and lived in it as your main home for at least 24 months of the 5 years before the sale. The 24 months need not be continuous, so time spent vacant counts against that window.
Sources
- Texas Department of Insurance, Home insurance guide
- Texas Penal Code, Chapter 30 (Sec. 30.05 criminal trespass)
- Texas Tax Code, Chapter 11 (Secs. 11.13 and 11.42)
- IRS Publication 523, Selling Your Home
- Texas Property Code, Chapter 24B (removal of unauthorized occupant)
- Texas Civil Practice and Remedies Code, Chapter 16 (Sec. 16.025)
- Texas Real Estate Commission, Resale contract TREC No. 20-19 (paragraph 7A)
General information, not legal or tax advice. Talk to a Texas attorney or CPA about your situation.