Unlawful Detainer Notice: A Texas Landlord’s Essential Tool

Texas property owners can be in a difficult and stressful situation when dealing with squatters. People who inhabit a place without authorization are known as squatters. They can cause many problems, especially if they won’t leave. One legal tool that property owners can use to start regaining their property is the Texas Unlawful Detainer Notice to Vacate. 

To successfully deal with this process, one must be thoroughly aware of the rights of squatters as well as the state’s particular eviction protocols. We’ll go over what property owners need to know in this guide, including how to handle squatters properly, issue a Texas Unlawful Detainer Notice to Vacate, and steer clear of typical eviction-related mistakes.

Quick Summary

  • A squatter resides on a property without the owner’s permission or legal title. They frequently do so in vacant or abandoned buildings.  Unlike trespassers, squatters can receive some legal protections, making eviction more challenging for landlords. In Texas, evicting squatters requires following proper legal procedures, as they are sometimes treated similarly to tenants.
  • Texas squatters can gain legal property ownership through adverse possession if they occupy it for a specified period without the owner’s consent. The occupation must be continuous, open, and meet legal requirements, with timelines ranging from 3 to 25 years, depending on the circumstances. Adverse possession laws in Texas were designed to encourage land use and prevent neglect.
  • Preventing squatters is easier than dealing with them later. To protect your rental property, visit regularly, cut off utilities, secure all entry points, and involve neighbors in monitoring suspicious activity. Boosting security with cameras, installing fences, and hiring a property management company can also help deter squatters.
  • To remove squatters in Texas, you must follow the formal eviction process by issuing an eviction notice, filing a forcible detainer complaint, and attending a court hearing. If the court rules in your favor, you’ll receive a writ of possession, giving squatters one last chance to leave before the sheriff enforces the eviction. It’s important to understand the legal procedures and seek proper legal representation to protect your property rights.

 

What Defines a Squatter?

A squatter is a person who lives on property without the owner’s consent or legal ownership; they frequently do so in structures that are unoccupied, neglected, or abandoned. Squatters frequently take up residence in abandoned houses, plots of land, or buildings as a means of protest or survival. Their stays can range from a few days to several weeks or years. However, squatters don’t always have bad intentions. 

For instance, someone may think they inherited a family property only to find out later that it belongs to someone else legally. Squatters are given some legal protections in many states, including Texas, and are frequently treated similarly to tenants in landlord-tenant conflicts. This may complicate the eviction procedure, particularly if the squatter has improved the property or stayed there for an extended period.

 

What Considerations Should I Make Before Evicting Squatters?

If you are a property owner in Texas, it is important to understand the difference between a trespasser and a squatter. Knowing their differences will help you when you make legal considerations.

  • Trespassers: These individuals enter your property without permission and typically don’t stay for long. For instance, someone vandalizing your property is likely considered a trespasser. In Texas, trespassing can lead to both civil and criminal penalties. Trespassers often look to leave quickly after committing their act, meaning their presence is temporary.
  • Squatters: Unlike trespassers, squatters tend to move into the property and stay for an extended period, often without the owner’s knowledge or consent. Squatters usually occupy vacant homes, such as vacation properties, and might treat the home as their own. Eviction is often necessary to remove squatters, and this process involves legal proceedings.

What are Texas Squatters Rights?

Adverse possession, another name for squatter’s rights, gives squatters the ability to get legal ownership of a property even without the owner’s permission if they occupy it for an extended length of time.  It requires the use of the land to be actual, open, notorious, exclusive, hostile, continuous, and uninterrupted for a legally defined period. Adverse possession laws were initially intended to promote productive land use and discourage neglect, even though these rights may appear old-fashioned.

While each state, including Texas, has particular guidelines and legal precedents on adverse possession claims, no federal legislation governs squatters’ rights.

 

Texas’s Adverse Possession Timelines

The amount of time required for an adverse possession claim to be successful varies depending on the circumstances. Here are the main statutory periods under Texas law:

  1. Three-Year Statute (Tex. Civ. Prac. & Rem. Code § 16.024)

If someone holds property with a title or “Color of Title” that appears valid, they may claim adverse possession after just three years. The original owner must file a lawsuit within three years of discovering the adverse possession to challenge it.

  1. Five-Year Statute (Tex. Civ. Prac. & Rem. Code § 16.025)

In this scenario, an individual must have occupied the property for five years while also:

This five-year statute is typical for disputes involving mistaken or disputed property boundaries.

  1. Ten-Year Statute (Tex. Civ. Prac. & Rem. Code § 16.026)

The most common adverse possession claim occurs after ten years of occupation. The possessor doesn’t need a title, but their claim is generally limited to 160 acres unless a fence or other boundary fully encloses more land. If the possessor has a registered deed that clearly defines the property boundaries, their claim may extend to the boundaries of that deed.

  1. Twenty-Five-Year Limitation

In some cases, even without any title, a person may claim adverse possession after 25 years. This period applies regardless of any legal disabilities that may have affected the owner or the possessor during that time.

 

How Do I Stop Squatters from Accessing My Rental Property?

Dealing with the consequences after squatting is far less successful than preventing it. To protect your unoccupied rental property in Texas, you might want to take the following actions:

  • Frequent Visits: Make regular trips to your unoccupied property to pick up mail and keep the yard in order. This gives the idea that the land is well-maintained, which may put off would-be squatters.
  • Cut-Off Utilities: Cutting off all utilities will make the property uninhabitable and discourage squatters from settling in.
  • Involve Neighbors: Tell your neighbors to report any strange activities to you and to keep an eye out for any suspicious conduct.
  • Safe Entry Points: Make certain that every access point is locked and secure. If squatters enter through unguarded entryways, they may be able to claim legal rights.
  • Boost Security: To keep an eye on the property, think about installing security cameras and intruder alarms.
  • Secure the Perimeter: Install gates or fences to fortify the property’s borders.
  • Employ a Property Management Company: Once a tenant has signed a lease, a qualified residential property management company may help find and manage your vacant property’s tenants.

 

How Do I Remove Squatters From My Property?

In Texas, as in most other states, evicting a squatter involves going through the official judicial eviction process. You can ensure that the squatter’s potential adverse possession claims are dismissed by handling them like any tenant. To properly remove a squatter that you find occupying your property, you must give them an authorized eviction notice, file a formal eviction complaint in court, and appear in person or have your attorney appear in court.

This is a quick rundown of how squatters are evicted in Texas:

  • Send out an Eviction Notice: In compliance with Texas law, the property owner is required to send out a formal notice of eviction. Usually, a landlord will give you three days’ notice to leave, but if it’s stated in the lease, they can give you less or more time.
  • File a Forcible Detainer Complaint: After the warning period has passed, the owner must file a forced detainer complaint with the Texas Justice of the Peace Court. Seeking rapid possession may facilitate a quicker eviction.
  • Serve the Squatter: The sheriff or constable is required to serve a summons, often known as a “citation,” issued by the court to the squatter.
  • Attend the Hearing: The property owner must appear for a court hearing to provide proof of their legitimate possession of the property.
  • Obtain a Writ of Possession: Following the verdict, there will be a five-day waiting period during which the judge will issue a writ of possession if ownership is confirmed. The squatter is given one last notice to leave with this writ.
  • Enforcement: The sheriff will return to forcibly remove the squatter and return legal ownership to the owner if the squatter does not vacate the property within 24 hours of the writ being issued. It’s important to remember that the sheriff is the only person with the power to evict squatters; police officers cannot.

In Texas, evicting a squatter entails a formal legal procedure designed to protect your rights as a landowner. You can legally and successfully reclaim your property by taking appropriate actions, such as serving an eviction notice and obtaining a writ of possession and possession. Maintaining the integrity of your property and protecting your investment requires that you understand and successfully manage this procedure.

 

Contact Our Texas Landlord-Tenant Lawyer Now!

Property owners must understand the details of the Texas Unlawful Detainer Notice to Vacate, as well as the rights associated with squatters. It is possible to prevent problems and take proactive steps to protect your property by being aware of the legal requirements and processes. Proper legal representation is essential, whether you’re dealing with an existing squatter scenario or wish to stop similar situations in the future.

Our Texas legal team at Girling Law, PLLC deals with landlord/tenant law, evictions, and unlawful detainer, and we can help you with any legal concerns you may have with your rental properties, including squatter-related matters. Please don’t hesitate to contact us for assistance or legal counsel catered to your circumstances. We’re devoted to helping you achieve the greatest protection for your property.