Can you legally remove a squatter in Texas? What state law says
Finding out someone has moved into your property without permission can feel frustrating, especially if they refuse to leave.
Texas lawmakers passed Senate Bill 1333 in 2025, aimed at making it easier to deal with squatters, and those changes have been in effect since September 2025.
But what you can actually do in the situation depends on how it’s viewed under the law, and not every case qualifies for a quick removal.
If you’re dealing with someone in your property who won’t leave, here’s what to know.
What should I do if someone is in my home without my permission?
Start by figuring out how the person is classified under Texas law, because that determines what you can do next.
In general, a squatter is someone who enters and stays in a property without permission and without any kind of agreement.
A tenant, on the other hand, has a legal right to be there, even if nothing was ever put in writing, according to the Texas Property Code.
If the person truly entered without permission and there’s no agreement in place, Senate Bill 1333 allows property owners to file an affidavit with the sheriff stating the person has no legal right to be there.
If approved, law enforcement can remove them as a trespasser instead of making you go through the full eviction process.
Can I legally remove a squatter on my own in Texas?
Even if someone is in your property without permission, Texas law does not allow you to handle it on your own by changing the locks, removing their belongings, shutting off utilities, or forcing them out.
That’s considered a self-help eviction, and it can come back on you legally if the person is later found to have tenant rights.
That’s because in some situations, squatters may still have legal protections, and removing them is treated as a civil issue instead of a criminal one.
Because of that, you have to go through the proper eviction process to get them out.
What if I have an overstaying guest who refuses to leave?
If the person was allowed to stay at any point, the situation usually shifts into a landlord-tenant issue.
Under Texas law, that typically starts with a notice to vacate, often giving the person at least three days to leave.
If they don’t, the next step is filing an eviction case in court, where the process is supposed to move faster now under Senate Bill 38, which went into effect Jan. 1, 2026.
Hearings generally happening within about 10 to 21 days after filing.
