How to Sell a House With Squatters in Texas
Texas seller's guide
Squatters in Your Texas House? You Can Still Sell It.
You have two ways out. Get them removed and then sell, or sell with them still inside and let the buyer deal with it. Here's how each one works under the 2025 Texas squatter laws, what it costs you, and how to pick.
By Andrew Reichek, Real Estate Investor · Updated October 2026
- SB 1333Sheriffs and constables can now remove true squatters without an eviction lawsuit
- 3 to 10 yearsHow long someone has to occupy Texas property before adverse possession is even possible
- 10 to 14 daysTypical cash close with the squatters still in the house
The Short Version
- Yes, you can sell a house with squatters in Texas. You just won't sell it to someone using a mortgage. Lenders need an appraisal with access to the inside, and a buyer can't move into a house someone else is living in.
- True squatters can be removed quickly. Since September 1, 2025, SB 1333 lets you file a sworn complaint with the sheriff or constable instead of filing an eviction suit.
- Anyone who ever had a lease needs an eviction. That goes through justice court, under eviction rules that changed for cases filed on or after January 1, 2026.
- There's no 30-day squatters' rights rule in Texas. Adverse possession takes 3, 5, or 10 years depending on the paperwork.
- Don't lock them out or cut the utilities. Self-help can turn you into the one getting sued.
Can You Sell a House With Squatters in Texas?
Yes. Nothing in Texas law stops you from selling a property because someone is living in it without permission. You own it, so you can sell it.
The hard part is finding the buyer. A buyer with a mortgage almost never works here. The lender wants an appraisal, the appraiser needs to get inside, and the buyer expects to move in after closing. None of that happens with squatters in the house.
Title is the other piece. Texas title policies generally carve out the rights of parties in possession, which means the title company won't insure a buyer against whoever is living there. Most retail buyers and their agents walk away when they see that. Investors who buy occupied houses expect it and price it in.
In practice you have two options. The right one depends on how much time and money you want to put into the property before you're done with it.
Path 1
How to Get Rid of Squatters in Texas, Then Sell
Which process you use depends on who the occupant is. Texas now has two tracks, and picking the wrong one can cost you weeks.
| Who's in the house | Process | Where it's filed |
|---|---|---|
| A stranger with no lease, no rental history, not family | SB 1333 complaint | Sheriff or constable |
| A former tenant whose lease ended | Eviction | Justice court |
| Someone holding a lease you never signed | Eviction if they dispute it. Using a fake lease is now a crime under SB 1333 | Talk to an attorney first |
| A relative you let stay who won't leave | Eviction | Justice court |
The SB 1333 Process for True Squatters
SB 1333 took effect September 1, 2025. It lets an owner skip the eviction lawsuit when the occupant has no claim to be there at all. To use it, all of these have to be true:
- The property wasn't open to the public.
- The property isn't the subject of pending litigation.
- You or your agent told the person to leave, and they didn't.
- The person isn't a current or former tenant and isn't an immediate family member.
If that fits, you file a complaint under oath, or an unsworn declaration, with the sheriff or constable. The officer verifies that you own the property, serves a notice to immediately vacate, and puts you back in possession. The notice can be handed to the occupant or attached to the front door. You can ask the officer to stay and keep the peace while you change the locks. You pay the same fee that office charges to execute a writ of possession, so the amount depends on the county.
Get the facts in your complaint right. SB 1333 lets a person who was wrongly removed sue for damages, including an amount equal to three times the fair market rent.
New criminal penalties
SB 1333 made it a Class A misdemeanor to use a fake deed, lease, or other document to claim property. Listing, renting, or selling a property without legal title or authority is now a first-degree felony. Damaging a home during a criminal trespass, with losses between $1,000 and $300,000, is a second-degree felony.
The Eviction Track for Tenants and Former Tenants
If the person ever had a lease, SB 1333 is off the table, and you'll need to handle it the way you would any tenant situation. You file an eviction in the justice court for the precinct where the property sits. Under SB 38 and the updated eviction rules, which apply to cases filed on or after January 1, 2026, notices to vacate can go by email or a delivery service like FedEx, and the court has to hold trial within 21 days of filing. An appeal also no longer keeps the occupant in the house automatically. To stay during the appeal, they have to pay rent into the court registry.
Step by Step
- Figure out who they are. Do they claim a lease? Did they ever rent from you or a prior owner? The answer picks your track.
- Tell them to leave, and document it. SB 1333 requires that they were told to leave and refused. Put it in writing, keep a copy, and take dated photos.
- Pull your ownership papers. Deed, tax records, and ID. The officer or the court will want proof you own it before anything happens.
- File with the right office. A sworn complaint to the sheriff or constable for true squatters. An eviction petition in justice court for everyone else.
- Let the officer handle removal. Be there to change the locks and secure doors and windows the same day.
- Then decide how to sell. Walk the house first. Squatter houses usually need cleanup and repairs before they can be listed.
What not to do
Don't change the locks while they're inside, shut off the water or power, haul out their things, or take off doors. If the person turns out to have any tenant claim, those moves can land you in a wrongful eviction case. Let the officer or the court do the removal.
Path 2
Selling a House With Squatters Still Living In It
A lot of owners assume the house has to be empty before anyone will buy it. It doesn't. Investors who buy distressed property buy occupied houses all the time, including ones with squatters, holdover tenants, and relatives who won't leave.
Here's how it usually goes. You tell the buyer what's going on. They look at the property, sometimes only from the outside, and price in the removal, the repairs, and the time. You sign, the title company pays off any liens from your proceeds, and you're done. The buyer files the SB 1333 complaint or the eviction after closing, as the new owner.
Disclose the occupants in writing. Hiding a known problem is how sellers end up sued after closing, and an investor is going to find out anyway.
Remove First or Sell Occupied?
| Remove, then sell | Sell with occupants | |
|---|---|---|
| Time until you're done | Weeks to months for removal, plus time to fix and sell | About 10 to 14 days |
| Your costs | County or court fees, maybe an attorney, locks, cleanup, repairs | The buyer covers removal and repairs |
| Sale price | Higher | Lower |
| Who deals with the occupants | You | The buyer |
| Works best for | Owners nearby with time and cash to put in | Inherited, out-of-state, and burned-out landlord situations |
Selling occupied means taking less than the same house would bring empty and cleaned up. What you get back is time, plus no attorney fees, county fees, lock changes, repair bills, or months of taxes and insurance on a house that's earning nothing.
Who Usually Sells Instead of Fighting
- Heirs. An inherited house that sat empty long enough to attract squatters usually comes with deferred maintenance and sometimes back taxes. If several family members share it, everyone has to agree on the sale, and nobody wants to manage a removal on top of that.
- Out-of-state owners. Running a removal from another state means hiring local help, coordinating with the sheriff's office, and flying in to change locks. The carrying costs pile up while you wait.
- Landlords who are done. A house that drew squatters once tends to draw them again every time it sits empty. Some owners would rather take a clean exit than restart the cycle.
Is There a 30-Day Squatters' Rights Rule in Texas?
No. Nobody gets rights to your property in Texas by living in it for 30 days. The 30-day idea is an internet myth that mixes up tenant protections from other places with Texas law.
What Texas does have is adverse possession, and it takes years:
| Time | What the occupant needs | Statute |
|---|---|---|
| 3 years | Title or color of title, meaning a document that looks like it gives them ownership, even a flawed one | Civ. Prac. & Rem. Code §16.024 |
| 5 years | A recorded deed, paying the property taxes, and using the property. A forged deed doesn't count | §16.025 |
| 10 years | Possession only, no paperwork. Limited to 160 acres unless more is actually enclosed | §16.026 |
On top of the time, their possession has to be actual, visible, hostile to your ownership, exclusive, and continuous for the whole period. Removing them stops the clock. That's why acting early matters more than anything else in this guide.
If the House Is Sitting Vacant
- Check on it every 2 to 4 weeks, or have someone you trust do it.
- Keep the yard cut and the place looking lived in. Visible neglect is what draws squatters.
- Lock every door and ground-floor window, post No Trespassing signs, and put up a visible camera.
- Ask a neighbor to call you if they see anyone going in.
- Keep dated photos showing the house empty and secured. They help if you ever need to file.
The surest way to avoid squatters is not to own an empty house. If you're done with it, we buy vacant Houston homes as-is and close in 10 to 14 days.
Questions Owners Ask About Squatters in Texas
Can you sell a house with squatters in Texas?
Yes. You can't realistically sell it to a buyer using a mortgage, but investors and cash buyers purchase occupied houses regularly. You disclose the situation, they price in the removal and repairs, and they handle the occupants after closing.
Can police remove squatters in Texas?
Under SB 1333, a sheriff or constable can remove someone after you file a sworn complaint, as long as the person isn't a current or former tenant or immediate family, you told them to leave, the property wasn't open to the public, and there's no pending lawsuit over it. Anyone with a lease history has to be evicted through justice court instead.
How long does it take to get a squatter out?
SB 1333 lets the officer act on your complaint without a court case, so it moves much faster than an eviction. How fast depends on the county's workload. For evictions filed on or after January 1, 2026, trial has to happen within 21 days of filing, and then you need the judgment and a writ of possession.
Do I have to tell a buyer there are squatters?
Yes, put it in writing. Hiding a known problem from a buyer is how sellers get sued after closing. Investors who buy occupied homes expect to hear about it and factor it into the offer.
Can a squatter take ownership of my house in Texas?
Only through adverse possession, which takes at least 3 years with color of title, 5 years with a recorded deed and paid taxes, or 10 years with possession alone. The possession has to be open, hostile, exclusive, and continuous the whole time. Removing them ends the claim.
Can I shut off the utilities to get them out?
Don't. Cutting utilities, changing locks with them inside, or removing their belongings can expose you to a wrongful eviction claim if they turn out to have any tenant rights. Use SB 1333 or file an eviction.
Have Squatters and Want Out?
Bodebuilders buys houses in Houston, Dallas, Fort Worth, and Austin with squatters, tenants, or anyone else still inside. You get a cash offer within 24 hours and can close in 10 to 14 days. We handle the removal after closing.
Texas real estate investor · Occupied or vacant · Any condition
Sources
- Texas Civil Practice & Remedies Code Chapter 16 (adverse possession, §§16.024 to 16.026)
- House Research Organization bill analysis of SB 1333
- Office of the Governor: SB 1333 and SB 38 signing
- State Bar of Texas (lawyer referral)
This article is general information, not legal advice. It reflects Texas law as of October 2026, and laws change. For your specific situation, talk to a licensed Texas real estate or eviction attorney. Andrew Reichek is a real estate investor, not an attorney.