Dealing with Uninvited House Guests—The Legal Way
Imagine coming home after a long vacation to find someone else occupying your house, rearranging your furniture, and treating your fridge as an all-you-can-eat buffet. Absurd, huh? Well, that’s the definition of squatting. And squatter evictions are not easy in Texas, like changing the locks or calling your uncle who “knows a guy.” Property owners must legally evict squatters instead to avoid a few legal hassles along the way.
If you are wondering how to evict squatters in Texas, you are in the right place. From what a squatter is to what rights he or she has (yes, some rights), we will best point out how to kick these guys unlawfully rather than turning your eviction into an action movie scene.
What Exactly is a Squatter, and How Do They Get Rights?
A squatter is a person who occupies a property for which he has no legal right. The squatters have no lease, nor do they pay rent but may eventually have a valid claim to ownership under Texas adverse possession laws if they remain on the property long enough. So, yes, if they play their cards right, they may be the rightful owners. Woah, plot twist.
Here’s how adverse possession works in Texas:
- 3 years if they have a “color of title,” an imperfect deed or claim of ownership.
- 5 years if property taxes are paid and the property is inhabited continuously.
- 10 years if the applicant has lived openly on the property without a valid title and any legal claim.
So, if you’ve got squatters, don’t wait for their housewarming party—take action immediately!
How to Get Rid of Squatters in Texas (Legally and Efficiently)
Unfortunately, you cannot show up, throw their mattress on the lawn, and just leave it at that. Unfortunately, state eviction laws require you to go through a formal process for eviction, no matter whether the tenants pay a dime in rent or not.
Step 1: Serve an Eviction Notice
The process begins by serving a notice for eviction. In case voluntary exile does not take place (which probably would not), such notice will form your first step legally. Generally, squatters are given a notice of 3 days to vacate.
Step 2: File an Eviction Lawsuit
If the squatters continue refusing to leave, visit your local Justice of the Peace Court to file an eviction lawsuit (also called a forcible entry and detainer suit). This will bring the court into the frame and hopefully speed things up.
Step 3: Get a Court Order
After your case is heard, you will almost definitely win the judgment in your favor (since, well, this is your property). The court will generally rule for the issuance of a writ of possession and allow squatters a certain amount of time to leave before being prohibited from proceeding with eviction by law enforcement.
Step 4: Involve Law Enforcement
If the squatters still won’t pack up and leave, then local enforcement, usually the sheriff’s office, will move in and physically evict them from the property. This is when their unofficial stay is officially over.
Step 5: Secure Your Property
Congratulations – your house is free from squatters! But not so fast – secure your property so squatters don’t return! Change the lock, board up any broken windows, and consider installing security cameras or putting up a “Beware of Dog” sign (especially if you don’t have one).
Keeping Squatters from Taking Over Again
They say prevention is better than cure, and that applies to squatters, too. Here’s how to make sure your property doesn’t turn into an impromptu commune:
- Periodic Checks: Make sure that the house is not empty for extended periods. Pay a visit yourself or have someone else do it.
- Keep It Occupied: If you aren’t using it, consider renting it, or a property management company could take care of it.
- Set Up Security: Motion lighting, cameras, and secure locking systems greatly deter unwelcome visitors.
- Cut Off Utilities: No electricity and running water? No problem—unless you’re a squatter looking for free housing.
- Post “No Trespassing” Signs: A simple sign can sometimes deter squatters from taking over your space.
Need Help Removing Squatters? We’ve Got You Covered
Dealing with squatters can be an awkward situation, and thankfully, you would not be dealing with this alone. If getting assistance with the legal process of getting squatters out of your property in Texas is what you are looking for, then sell my El Paso Texas land can offer help. From filing eviction notices to preventing anyone from entering your property after removal, we aid every step along the way for a smooth process and peace of mind. Give us a call today so we can walk you through, step by step, getting your property back- legally and without stress!