Imagine pulling up to your San Antonio rental property, expecting peace and quiet—only to discover a complete stranger lounging on the porch like they own the place. No lease, no rent, no permission, but somehow, they’re convinced they have every right to be there.
Welcome to the legal gray zone known as Texas squatters’ rights, where many property owners learn the hard way that vacant properties can become prime real estate for uninvited guests with nothing but time and boldness.
If you think you can just call the police and have them immediately removed, think again. Under Texas law, squatters aren’t always treated as trespassers.
Under certain conditions, thanks to adverse possession laws, an unauthorized occupant could eventually claim ownership and make a legal claim for legal ownership of your property. It’s rare, but for Texas property owners who ignore early red flags, it’s a legal reality that can’t be brushed aside.
Whether you're managing multiple units or a single rental in San Antonio, understanding how to evict squatters legally is critical.
This guide walks you through how to prevent squatting, the legal eviction process, and the steps needed to protect your rights as a landlord—before someone else tries to live rent-free off your investment.
Key Takeaways
- Unauthorized occupants can attempt to claim your property rights through adverse possession if they maintain continuous possession without the owner’s permission.
- To succeed, squatters must occupy the property exclusively, openly, and under strict legal conditions—but Texas law provides legal protections for diligent landlords.
- Texas landlords must follow the legal eviction process; shortcuts like changing locks or removing belongings can backfire.
- Taking swift legal action and understanding both state and federal law is key to defending your property.
- Partnering with a property management company ensures you're protected against squatters and other legal pitfalls before they escalate.
What Are Squatter’s Rights?
Under Texas squatters rights—formally known as adverse possession laws—an unauthorized occupant may eventually claim property ownership if they meet strict legal criteria.
To succeed, the squatter must have actual possession, live on the property openly, exclusively, and without consent for at least 10 continuous years. In some cases, tax payments or holding a duly registered deed (even if flawed) may shorten this period to 3 or 5 years.
While rare, squatters can gain ownership rights. And the Texas Supreme Court has upheld such claims when all legal conditions are met.
How to Prevent Squatters From Claiming Your Property
As real estate professionals and the National Rental Home Council often stress, prevention is far easier than eviction. Here’s how landlords can reduce the risk of squatting::
1. Regular Inspections
Vacant or neglected homes are prime targets for squatters. Routine visits to your property, especially between tenants, allow you to catch illegal occupation early and avoid long-term property neglect.
2. Secure Unoccupied Property
Install deadbolts, window locks, motion-activated lighting, and signage. A clearly posted “No Trespassing” notice supports your right to involve local law enforcement if someone enters the property unlawfully.
3. Sign a Proper Lease Agreement
Any occupant must have a written, signed lease agreement. Oral agreements or informal arrangements could weaken your legal case if disputes arise.
4. Hire a Property Management Company
A reputable property management company like Residential Leasing & Management Co can handle key responsibilities for you. This includes everything from property maintenance to careful tenant screening. With their support, you reduce the risk of squatting and keep your rental safe, legally compliant, and well-maintained.
How to Evict a Squatter in Texas
Eviction isn't as simple as knocking and asking them to leave. Texas requires a legal process for removing squatters, especially if they’ve been there long enough to make an adverse possession or legal claim.
Step 1: Serve a 3-Day Notice to Vacate
As per Texas Property Code §24.005, squatters must receive written notice to vacate. This starts the eviction proceedings, giving them three days to leave or face court action.
Step 2: File an Eviction Lawsuit (Forcible Detainer Suit)
If the squatter stays, the next step is to file an eviction lawsuit in your local Justice of the Peace Court. You’ll need to show proof of property ownership, documentation of the notice, and evidence that the squatter is not a tenant.
Step 3: Attend the Hearing
The judge will evaluate whether the occupant has any legitimate right to be there. If the court rules in your favor, a writ of possession will be issued.
Step 4: Let the Sheriff Handle It
Only law enforcement can police remove squatters—landlords can’t take matters into their own hands. Doing so can result in criminal penalties, including charges under state law.
Is Squatting Legal in Texas?
Squatting itself isn’t automatically legal, but in some cases, long-term squatters may attempt to use squatting laws to justify their presence.
However, these cases must meet strict legal requirements. Failure to do so means the person is trespassing, and removal can happen through legal or even criminal offense channels if they forcibly entered.
That said, Texas law is generally on the side of actual owners, not squatters. The key is acting quickly and following the law.
This Ain’t Their First Rodeo—But It Should Be Their Last
In Texas, letting someone stay too long without the owner’s permission could turn into more than just an inconvenience—it could open the door to a legal doctrine where they try to claim your legal rights under squatters’ rights in Texas.
Whether it’s a bold former tenant or an opportunist testing the waters of open and notorious possession, the law is clear: the best defense is knowing your rights and acting fast.
That’s where professional property managers come in. At Residential Leasing & Management Co, we help you secure your investment, navigate the legal eviction process, and provide legal advice when it matters most.
Ready to outsmart squatters and protect your property? Partner with us—because your title shouldn’t be up for grabs.
FAQ
Q1: Can a squatter really claim my property under Texas law?
Yes, through an adverse possession claim, but they must meet strict legal requirements such as 10 years of continuous, exclusive possession and living on the property openly.
Q2: What should I do if I discover a squatter?
Serve a 3-day notice to vacate, then file an eviction lawsuit. Don’t attempt self-eviction—it may result in criminal penalties.
Q3: Does paying property taxes strengthen a squatter’s legal claim?
Yes, tax payments can sometimes reduce the time required to claim adverse possession, but this only applies under limited conditions.
Q4: Can the police remove squatters immediately?
Only if they committed a criminal offense like breaking and entering. If they’ve established residency, you must go through the eviction proceedings.
Q5: Can I prevent squatting by using a property management company?
Absolutely. A professional property management company ensures your property remains occupied, inspected, and secure, minimizing risk and liability.
Additional Resources:
Handling Tenant Belongings That Are Left Behind: What Houston Landlords Should Know
