A squatter is someone who lives in a property to which they have no title, no rights, and/or no lease agreement. But despite this fact, squatters have protections under federal and state laws.
Under the Texas Squatters’ Rights, a squatter can legally own property through adverse means. That’s why it’s essential for property owners to familiarize themselves with squatters’ rights in Texas to prevent losing their properties and investments.
What Rights Do Squatters have in Texas? Here is a Guide:
A squatter seeking adverse possession must meet specific requirements in Texas and other states. The requirements are as follows:
Update August 2025 -
Senate Bill 38 streamlines the eviction process by clarifying venue requirements and establishing consistent timelines for trials and appeals, including a requirement that a court hold a trial in eviction suits within 21 days of a petition being filed.
Senate Bill 1333 empowers sheriffs and constables to take action quickly when a property owner submits a sworn complaint that a squatter has taken possession of their property unlawfully. It also increases criminal penalties for criminal mischief related to criminal trespass involving a home and engaging in a real estate transaction involving property the person does not have a legal interest in.
The Squatter Must Physically Possess the Property
Under the Actual Possession doctrine, a squatter seeking adverse possession must have a physical presence at the property. In addition to that, they must treat the property like the actual owner would. An example of actual possession is beautification efforts, such as landscaping and fencing.
The Squatter Must Make it Obvious that They are Living on the Property
For a squatter to make an adverse possession claim, they must be able to fulfill the ‘Open & Notorious’ requirement. This simply requires a squatter to prove that they haven’t been hiding their occupation. The occupation must be obvious so much so that even the landowner should know of their occupation.
The Squatter Must Prove Exclusivity in their Possession
Here, the squatter must be able to show that they have occupied the property exclusively. Sharing it with others would render their adverse possession claim invalid.
The Squatter Must not have Permission to Occupy the Land
Squatters’ laws in Texas also require squatters to fulfill the ‘Hostile Claim’ requirement. Hostile, in relation to adverse possession claims, doesn’t mean malice or ill will. It simply means that the squatter doesn’t have to know that the property belongs to someone else.
The Squatter Must Reside on the Property for a Continuous Period
Texas has several different minimum time periods that a squatter must meet in order to claim adverse possession, they are as follows:
- Minimum of 3 years - Here, the squatter must have "color of title" and prove that they have occupied the property for at least 3 years.
- 5 years - This requires that a squatter pay property taxes for 5 years and reside on the property for a similar period.
- 10 years - Without color of title and paying taxes, a squatter must reside on the unit for a minimum of 10 years.
The period of occupancy, whether 3, 5, or 10, must be uninterrupted. Note that ‘Color of title’ simply means irregular property ownership. The ‘owner’ may be missing one or more of the required documents required for legal ownership.
How to Prevent Squatters from Entering Your Rental Property
A vacant rental property can quickly become a liability if it’s not properly secured. Squatters not only pose legal challenges but can also cause property damage and delay your ability to lease to qualified tenants. The best approach is prevention. Here are proven steps investors can take to secure their vacant properties:
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Visit the property regularly
Frequent check-ins show the property is being monitored. During each visit, collect mail or flyers and maintain curb appeal by mowing the lawn and removing debris. A well-maintained exterior signals that the property is actively managed—not abandoned. -
Shut off utilities
Turning off power and water makes the property less habitable, reducing the likelihood that squatters will settle in. This simple step also lowers your holding costs. -
Involve the neighbors
Let trusted neighbors know the property is vacant and ask them to report any unusual activity. A watchful community is one of the best early-warning systems you can have. -
Secure all entry points
Ensure that all doors and windows are locked and in good repair. Squatters who enter through unlocked or broken entry points may try to claim legal rights. Reinforce locks if needed and consider window bars for added security. -
Install security cameras or alarms
Visible cameras and alarm signage can deter intruders. Many modern systems allow remote monitoring, so you can keep an eye on your property from anywhere. -
Reinforce the property perimeter
If possible, install fencing, gates, or locked barriers to restrict access. A secured (and maintained) perimeter provides an additional layer of protection. -
Partner with a professional property management company
The most effective way to protect a vacant rental is to keep it occupied. A qualified property management company can help you find reliable tenants quickly, reducing vacancy time and risk. Property managers will also monitor and maintain the property while it’s on the market.
How do You Get Rid of Squatters in the State of Texas
Texas doesn’t have any specific laws regarding the removal of squatters from your property. This, therefore, leaves you with one option: the judicial eviction process.
The eviction process must begin with serving the squatter(s) an eviction notice. There are several eviction notices to choose from in Texas depending on the situation. They include:
3-Day Notice to Quit.
This is meant for tenants (or squatters) who refuse to make their rent payments when it’s due. Some states give the squatter time to pay the rent owned in order to continue living on the property, but Texas isn’t one of these states. If the squatter doesn’t pay all the rent due within the 3 days period, you may proceed with the eviction.
7 to 30-Day Notice to Quit
Texas also allows landlords to evict a tenant that continues to live on the rented premises without having an active lease. The notice period to give them depends on the type of tenancy in operation. Types of tenancies include week-to-week, month-to-month, quarter-to-quarter, and yearly-to-yearly.
3-Day Notice to Quit
You should serve this to a squatter or tenant that commits an illegal activity.
Since the squatter won’t have a good defense to remain on the property, the judgment will most likely be in your favor. The court will then issue you a writ of possession. This will be the squatter’s last notice to vacate the unit. They will have 24 hours to move out before the sheriff can remove them. Before starting these steps, it is critical you consult with a real estate attorney.
Bottom Line
There you have it, a general overview of squatter's rights and measures to take to protect your property! You should also familiarize yourself with the states landlord-tenant laws , security deposit law and rent increase policies.
At Rollingwood Management, Inc. , we’re well-versed in Texas laws. If you are facing a squatter problem, get in touch with us to learn more. We also offer full-service property management solutions to ensure that your rental business runs smoothly! In our almost decades of Austin property management, a squatter has never moved into any of our properties.
Disclaimer: Laws are subject to change, so this post may not be up-to-date at the time of your reading and therefore should not be used as a substitute for professional legal advice. If you need legal assistance, contact a licensed Real Estate attorney. If you'd like, we can provide a refferal.