Squatters in Texas: How SB 1333 Lets DFW Owners Remove Unauthorized Occupants
Since September 1, 2025, SB 1333 (Texas Property Code Chapter 24B) lets you file a sworn complaint with the sheriff or constable. After the officer confirms you own the home, they serve a notice to vacate immediately and put you back in possession. No eviction trial is needed.
What is the squatter law in Texas now?
Before SB 1333, most DFW owners had to treat a squatter like a tenant. That meant a notice to vacate, a case in justice court, a possible appeal, and a writ of possession. That could take weeks.
SB 1333 added a new Chapter 24B to the Texas Property Code. It took effect September 1, 2025, according to the enrolled bill on capitol.texas.gov. It creates a law-enforcement process for one narrow group: people who moved into a home without the owner's consent and have no lease.
Who can use it?
The owner of residential property, or the owner's agent (like a property manager), can ask the sheriff or constable to remove the person if all four of these are true (Property Code § 24B.001):
The property was not open to the public when the person entered.
There is no pending lawsuit between the owner and that person.
The owner or agent told the person to leave, and they didn't.
The person is not a current or former tenant (oral or written lease) and is not the owner's immediate family member.
If any one fails, you'll likely need the regular Texas eviction process.
Squatter vs. unauthorized occupant: what's the difference?
The legal path depends on how the person got in.
Who is in the home | Example | Likely legal path |
Squatter (entered without consent, no lease) | Someone breaks into a vacant Garland rental between tenants | SB 1333 sworn complaint (Ch. 24B) |
Person with a fake lease | Occupant shows a "lease" from a scammer who never owned the home | Ch. 24B may apply; presenting a fake lease is a Class A misdemeanor (Penal Code § 32.56) |
Unauthorized occupant on a lease | Your tenant's boyfriend moved in and isn't on the lease | Lease violation; handle through notice and eviction court |
Holdover or former tenant | Lease ended in Plano, tenant won't leave | Regular eviction, not Ch. 24B |
Family member | Relative stayed after a visit | Regular eviction, not Ch. 24B |
SB 1333 only covers the stranger. When in doubt, talk to a Texas real estate attorney before you file.
How do you remove a squatter in Texas under SB 1333?
Step 1: Tell the person to leave
The law requires that you (or your agent) told the person to leave first. Avoid confrontation; ask police to stand by if needed.
Step 2: File a sworn complaint
File with the sheriff or constable in the home's county. The complaint must be sworn, or signed as an unsworn declaration under penalty of perjury (§ 24B.002). Bring your deed or appraisal record and any proof of how the person got in. Forms vary by county.
Step 3: The officer verifies and serves notice
The officer checks that you're the record owner (or the owner's agent). Then, under § 24B.003, the officer must "without delay":
Serve a notice to immediately vacate, by hand or by posting it on the front door
Put you back in possession of the home
Try to identify each occupant, and arrest anyone with a warrant or when there's probable cause of trespass or another crime
The statute doesn't promise a set number of hours. Be wary of anyone who guarantees "24-hour removal."
Step 4: Change the locks and move belongings
You can ask the officer to keep the peace while you change the locks and move belongings to the property line. They may charge an hourly rate.
How much does it cost to remove a squatter in DFW?
The fee equals what the sheriff or constable charges to execute a writ of possession (§ 24B.003(f)). That number varies by county and precinct:
County | Writ of possession fee | Source |
Dallas County (Constable Pct. 1) | $400, plus $50/hour per deputy after 2 hours | Fee schedule effective May 14, 2026 |
Dallas County (Constable Pct. 4) | $400 | Fee schedule effective Jan. 1, 2026 |
Collin County (Constables) | $175 | Collin County constable fee page |
Call the constable's office before you file. Precincts in Plano, McKinney, Frisco and Dallas set their own procedures.
What happens if you use SB 1333 the wrong way?
If you remove someone who actually had a right to be there, they can sue under § 24B.005 to get back in and recover:
Actual damages
Exemplary damages equal to three times the home's fair market rent
Court costs and reasonable attorney's fees
Because your complaint is sworn, a false statement also carries perjury risk.
That's why our team never uses Chapter 24B on a former tenant, a tenant's guest, or anyone with a believable claim to a lease. Those cases go to justice court, where SB 38 has also changed the eviction rules for cases filed on or after January 1, 2026.
Do squatters have rights in Texas?
Squatters don't get tenant rights just by moving in. The myth comes from adverse possession, and in Texas that takes years, not weeks: 3, 5, 10 or 25 years depending on the facts. A squatter in your vacant Frisco rental for two weeks has no claim to title.
How do you keep squatters out of a vacant DFW rental?
Squatters target homes that look empty. A few habits help:
Keep vacancies short. A home that's leased is the hardest target. Price it right from day one.
Make it look lived in. Keep the lawn mowed, porch lights on timers, and mail picked up.
Check the home weekly. Walk through, check doors and windows, and take dated photos.
Add a camera or smart lock so you know right away if someone enters.
Act fast. The longer someone stays, the more likely they'll claim a "lease."
Live out of state? A local manager can do these checks for you. Here's what that typically costs: property management cost in DFW.
Frequently asked questions
Is SB 1333 in effect in Texas?
Yes. SB 1333 took effect September 1, 2025. It added Chapter 24B to the Texas Property Code, which lets owners ask the sheriff or constable to remove certain unauthorized occupants without an eviction trial.
How long does it take to remove a squatter in Texas?
The law says the officer must act "without delay" after verifying ownership. It doesn't set a deadline in hours or days, so timing depends on your county's constable or sheriff.
Can I use SB 1333 to remove a tenant who stopped paying rent?
No. Chapter 24B doesn't apply to current or former tenants under an oral or written lease. Those cases go through the regular eviction process in justice court.
What's the difference between a squatter and an unauthorized occupant?
A squatter entered without the owner's consent and has no lease. An "unauthorized occupant" can also mean someone living with your tenant who isn't on the lease. SB 1333 covers squatters only; lease problems go through notice and eviction.
What if I remove someone who wasn't really a squatter?
They can sue to get back in and recover actual damages, three times the home's fair market rent, court costs and attorney's fees. That's why it pays to confirm the facts before you file.
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Questions? Call us at (469) 324-9605 or email info@darlingpropertymanagement.com
This article is educational information, not legal or tax advice.
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