Last updated on March 28th, 2026 at 08:13 am
Complete Guide to SB 1333, SB 38, and Adverse Possession Laws
The 30-Day Myth Debunked
A common misconception about Texas property law is this: “If someone squats in my house for 30 days, don’t they get tenant rights or squatter’s rights?” The answer is no — that’s not how it works.
In Texas, squatter’s rights don’t kick in after 30 days. Not even close. The actual legal timeline is much, much longer.
Until recently, the legal process to remove unauthorized occupants dragged out over months. But two new laws — Senate Bill 1333 and Senate Bill 38 — have changed that significantly.
This guide explains what’s actually happening with Texas squatter’s rights, what these new statutes do, and what property owners really need to know.
30 days of occupancy doesn’t give anyone squatter’s rights in Texas.
Under Texas law, claiming property through adverse possession requires continuous occupation for much longer. How much longer depends on what documentation the occupant has:
- 3 years — with “color of title” (a document suggesting ownership, even if flawed)
- 5 years — with a recorded deed and payment of property taxes
- 10 years — bare possession with no documentation
Even before those clocks start, the occupant must meet strict conditions throughout the entire period:
- Hostile — without the owner’s permission
- Exclusive — not shared with the owner
- Open and Notorious — visible and known, not hidden
- Actual — physical presence and use
- Continuous — no interruption for the full period
If any condition breaks, the entire clock resets to zero. That’s why the 30-day myth is dangerous — it wildly underestimates the legal protections property owners actually have.
Effective September 1, 2025, SB 1333 created a way for property owners to work directly with law enforcement to remove unauthorized occupants — without filing an eviction lawsuit first.
What SB 1333 Changed
• Law enforcement can remove squatters directly upon a sworn complaint from the property owner
• No court proceeding required for removal
• Applies only to “true squatters” with no legal claim to occupy
• Property must not have been open to the public
• Property must have been secured and entered unlawfully
• Occupant must have been directed to vacate and refused
• Creating fraudulent deeds or leases is now a criminal offense
• Selling or renting a property without legal authority is a first-degree felony
Who Qualifies as a “True Squatter”?
SB 1333 only applies to true squatters — people with zero legal right to be on the property. That means they:
- Have no lease agreement (current or past) with the property owner
- Have no history of tenancy on the property
- Are not family members with legal occupancy rights
- Entered the property without permission
- Have no other legal basis to be there
How the SB 1333 Process Works
Step-by-Step Process
File Sworn Complaint
Property owner files a formal complaint (affidavit) with the local sheriff or constable. Must include proof of ownership and documentation that the occupant has no legal right to be on the property and was directed to leave.
Officer Verification
Law enforcement verifies ownership documents and confirms the occupant has no lease, rental history, or other legal claim to the property.
Notice to Vacate
The officer serves a Notice to Immediately Vacate on the occupant. This can be hand-delivered or posted on the front door.
Physical Removal if Necessary
If the occupant refuses to leave, law enforcement removes them and their belongings. The officer can remain on-site while the owner changes locks and secures the property.
Criminal Penalties Under SB 1333
- Fraudulent Lease: Class A misdemeanor
- Forged Deed: Felony offense
- Renting or Selling Property Without Legal Authority: First-degree felony
- Advertising Property for Rent/Sale Without Authority: First-degree felony
These penalties target people who create false documents or fraudulently claim authority over property they don’t own — a practice that had been difficult to prosecute before SB 1333.
Effective January 1, 2026, SB 38 updated Texas eviction procedures statewide. This applies when someone has tenant status or disputes exist about occupancy rights.
What SB 38 Changed
• Court must hold trial within 10–21 days of eviction filing
• Standardized procedures across all Texas justice courts
• Summary disposition available for clear-cut cases — judge can rule without full hearing
• Electronic delivery of notices now permitted
• Clearer venue rules — file in the county where the property is located
• Justice courts barred from ruling on property title disputes or counterclaims in eviction suits
The core benefit is speed. The old system let cases drag on for months. SB 38 sets firm timelines courts must follow.
When to Use SB 1333 vs. SB 38
| Situation | Process | Where |
|---|---|---|
| True squatter — no lease, no legal claim, entered unlawfully | SB 1333 | Sheriff or constable office |
| Person with expired lease | SB 38 | Justice court (eviction) |
| Person claiming false lease | SB 38 (if disputed) or SB 1333 (if provably forged) | Depends on documentation |
| Former tenant refusing to leave | SB 38 | Justice court (eviction) |
The key distinction: Anyone with a lease or tenant history goes through SB 38. Zero legal claim, no lease, entered unlawfully — that’s SB 1333.
Adverse possession is the legal doctrine that lets someone claim ownership of property they don’t have title to — but only if very specific conditions are met for an extended period. Texas law sets three different timelines.
The 3-Year Path: Adverse Possession with “Color of Title”
• Requires “color of title” — a document suggesting an ownership claim, even if flawed
• Examples: deed (valid or flawed), legal document referencing property ownership
• Continuous occupation required: 3 years
• Must be hostile, exclusive, actual, and continuous throughout
“Color of title” is the critical element. The occupant needs some document that appears to give them ownership rights — even an invalid or mistaken one. With that, only 3 years of continuous occupation is required.
The 5-Year Path: Adverse Possession with Recorded Deed and Taxes
• Requires a recorded deed — must be legitimate, not forged
• Must pay property taxes on the property for 5 consecutive years
• Must cultivate, use, or enjoy the property
• Must be hostile, exclusive, actual, and continuous
This path is actually more restrictive than the 3-year path because the deed must be legitimate — forged documents don’t qualify. It can be incorrectly titled, but it can’t be fabricated.
The 10-Year Path: Bare Possession
• No deed required
• No property taxes required
• Continuous possession, cultivation, use, or enjoyment
• Limited to 160 acres or the actual enclosed area
• Must be hostile, exclusive, actual, and continuous
This path requires only continuous occupancy — no paperwork, no tax payments. But it takes 10 years and is subject to acreage restrictions.
Why Adverse Possession Is Now Less Likely to Succeed
SB 1333 lets property owners remove true squatters through law enforcement before the statutory period can run. If removal happens before the 3, 5, or 10-year clock completes, adverse possession can’t be established.
Additionally, all five conditions must hold continuously. If ownership changes, if the property is sold, or if the owner takes legal action to remove the occupant, adverse possession claims become very hard to sustain.
Even with strong legal rights, Texas law strictly prohibits “self-help” evictions. These rules apply even if the property owner holds clear title.
• Changing the locks while occupants are inside
• Shutting off water, electricity, gas, or other utilities
• Removing the occupant’s belongings without a court order
• Removing doors, windows, or essential fixtures
• Threatening violence or making false arrest claims
• Blocking entry or preventing exit from the property
Violating these rules gives the occupant grounds to sue for damages, including wrongful eviction claims. Criminal charges can also be filed against an owner who attempts illegal removal.
The correct approach: Use SB 1333 for true squatters and SB 38 for tenants. Let law enforcement or the courts handle the physical removal.
Prevention beats removal every time. Property owners should take steps to secure vacant property and make unauthorized entry difficult.
Physical Security
- Install quality locks on all entry doors and ground-floor windows
- Add window locks or security bars on ground-floor windows
- Install visible security camera systems
- Post “No Trespassing” signs at all property entrances
- Display alarm system signage
- Maintain the yard and landscaping — visible neglect attracts squatters
- Install exterior lighting with motion sensors
Documentation and Records
- Keep original deed and title documents secure and accessible
- Take dated photographs and video showing the property is vacant and secured
- Document any tenant move-out with written notices and inspection records
- Maintain a property log noting inspections, maintenance, and security activity
Active Management
- Schedule regular property inspections — every 2–4 weeks for vacant properties
- Hire a property manager if the property will be vacant long-term
- Rent or occupy the property as soon as feasible — occupied property is protected property
- Build relationships with neighbors who can flag suspicious activity
- Keep local police non-emergency numbers on hand for early reporting
If someone is occupying a property without authorization, here’s the process to follow:
What to Do Now
Determine Their Legal Status
Do they claim to be a tenant? Do they have a lease — real or forged? Are they purely squatting? The answer determines which legal process applies.
Document Everything
Take photographs and video of the occupancy. Keep the deed and ownership documents organized. Record all communications with the occupant.
Consult a Local Real Estate Attorney
Contact a Texas real estate or eviction attorney with experience in SB 1333 and SB 38. Most offer free initial consultations.
File the Appropriate Complaint or Eviction
True squatter with no legal claim: file an SB 1333 affidavit with the sheriff or constable. Tenant or person claiming a lease: file an eviction under SB 38 in justice court.
Do NOT Take Self-Help Action
Don’t change locks, shut off utilities, or remove belongings. Let law enforcement or the court handle physical removal.
Secure the Property After Removal
Once the occupant is removed, immediately secure all locks and entry points. Resume regular inspections to prevent re-entry.
Speed matters: The faster action is taken, the less time an occupant has to build any legal claim. Every month of delay strengthens their position and weakens the owner’s options.
The legal tools in this guide work. SB 1333 and SB 38 give property owners real options they didn’t have before 2025. But for some owners, the fight to reclaim the property isn’t worth it. Not because the law won’t help — because the property itself has become a burden they’d rather be done with.
That’s a fair call. It’s more common than most people admit.
Who This Applies To
Three situations come up repeatedly where selling makes more sense than fighting:
What a Cash Sale Looks Like With Squatters on the Property
A common misconception: the property has to be vacant before it can be sold. That’s not true.
Cash buyers who specialize in distressed properties buy in any condition, including occupied ones. This includes rental properties and inherited homes. The squatter situation gets disclosed. The buyer prices it in. The seller gets a clean exit without managing the removal themselves.
The title company handles any liens tied to the property at closing. The buyer takes on the removal process after the sale. The seller’s part ends at signing.
The Honest Trade-Off
Selling as-is with an occupant on the property means accepting a lower offer than a vacant, move-in ready home would get. That’s the real cost. But weighed against attorney fees, court filings, property damage, and months of carrying costs on a property bringing in nothing, the numbers sometimes favor selling.
Neither path is wrong. The right choice depends on the property, the owner’s situation, and how much runway they have. Selling is a real option — not a last resort.
Bodebuilders buys properties across Houston, Dallas, Fort Worth, and Austin, occupied or vacant, any condition. A cash offer comes within 24 hours of contact. No repairs, no commissions, no need to clear the property first.
Have a property with squatters you’d rather sell than fight over?
Get a Cash Offer TodayFor complete legal references and official statute text, consult these sources:
Adverse Possession Statutes
- Texas Civil Practice & Remedies Code § 16.024 — 3-year adverse possession with color of title
- Texas Civil Practice & Remedies Code § 16.025 — 5-year adverse possession with recorded deed and taxes
- Texas Civil Practice & Remedies Code § 16.026 — 10-year bare possession adverse possession
2025–2026 Laws
- SB 1333 (89th Texas Legislature) — Law enforcement squatter removal, effective Sept 1, 2025
- SB 38 (89th Texas Legislature) — Modernized eviction procedures, effective Jan 1, 2026
Official References
- Texas Civil Practice & Remedies Code Chapter 16 — Official statute text
- Texas Legislature Online — Official legislative information
- State Bar of Texas — Attorney referral service
Consult a qualified Texas real estate attorney for advice specific to your property and situation. Laws change and individual circumstances vary significantly.
The 30-day myth is false. Texas law requires much longer occupancy periods for adverse possession to apply.
Two new laws have changed the legal landscape for property owners:
- SB 1333 — allows law enforcement to remove true squatters directly, effective Sept 1, 2025. Three conditions must be met: property was secured and entered unlawfully, wasn’t open to the public, and the occupant was directed to leave and refused.
- SB 38 — modernizes eviction procedures with firm court timelines, effective Jan 1, 2026
- Adverse possession still exists but requires 3–10 years of continuous occupation under specific conditions
- Prevention through property security remains the most effective strategy
- Self-help evictions are illegal regardless of who owns the property
- Selling is a legitimate option for owners who’d rather exit than fight
If a property in Houston, Dallas, Fort Worth, or Austin needs to be sold quickly — squatters or not — Bodebuilders provides a cash offer within 24 hours.
