Squatters' Rights in Texas
Texas rules on squatters & abandoned property for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Since Sept. 1, 2025 (SB 1333), the owner of residential property (or agent) may file a sworn complaint in a statutory form with the county sheriff or constable asking for immediate removal of a person who unlawfully entered and is occupying a dwelling without consent, if the property was… Tex. Prop. Code ch. 24B (24B.001-24B.006); Tex. Penal Code Sec. 32.56 (as added by SB 1333), 32.57
The rules in Texas
| Squatters / unauthorized occupants | Since Sept. 1, 2025 (SB 1333), the owner of residential property (or agent) may file a sworn complaint in a statutory form with the county sheriff or constable asking for immediate removal of a person who unlawfully entered and is occupying a dwelling without consent, if the property was not open to the public when the person entered, there is no pending litigation between owner and occupant, the owner has told the person to leave, and the person is not a current or former tenant or an immediate family member. After verifying the complainant is the record owner, the officer serves a notice to immediately vacate (hand delivery or posting on the front door) and puts the owner in possession; the officer may stand by (hourly fee) while locks are changed and belongings are placed at the property line. Fee equals the writ-of-possession fee. A person wrongfully removed may sue for possession, actual damages, exemplary damages of three times fair market rent, costs and attorney's fees. Presenting a fake lease or deed to stay on property is a Class A misdemeanor; listing or renting property without authority is a first-degree felony. Acts 2025, 89th Leg., R.S., Ch. 817 (S.B. 1333), eff. Sept. 1, 2025. Chapter 24B does not limit an ordinary forcible entry and detainer suit or arrest for trespass (Sec. 24B.006). Penal Code text: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.32.htm. Tenants (current or former) must still be evicted under ch. 24 as amended by SB 38 (eff. Jan. 1, 2026). |
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| Belongings left behind | No general abandoned-property procedure; the lease largely governs. A landlord may remove the contents of premises abandoned by a tenant (an exception to the lockout ban). Seizure of property for unpaid rent under the landlord's lien requires an underlined/bold lien clause in a written lease, a peaceful seizure, a notice and itemized list left in the unit, and before any sale at least 30 days' notice by first-class and certified mail; surplus proceeds go to the tenant within 30 days. Deceased sole tenant: landlord may remove and store property and may discard it if the designated contact fails to remove it within 30 days after a certified-mail request (unless the lease sets another procedure). Sec. 92.0081 and 92.014 are at https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm. Certain property is exempt from the lien (Sec. 54.042). Property removed when a writ of possession is executed is handled under Sec. 24.0061-24.0062. |
Related questions
Texas vs. neighboring states
| State | Squatters / unauthorized occupants | Belongings left behind |
|---|---|---|
| Texas | Since Sept. 1, 2025 (SB 1333), the owner of residential property (or agent) may file a sworn complaint in a statutory form with the county sheriff or constable asking for immediate removal of a person who unlawfully entered and is occupying a dwelling without consent, if the property was not open to the public when the person entered, there is no pending litigation between owner and occupant, the owner has told the person to leave, and the person is not a current or former tenant or an immediate family member. After verifying the complainant is the record owner, the officer serves a notice to immediately vacate (hand delivery or posting on the front door) and puts the owner in possession; the officer may stand by (hourly fee) while locks are changed and belongings are placed at the property line. Fee equals the writ-of-possession fee. A person wrongfully removed may sue for possession, actual damages, exemplary damages of three times fair market rent, costs and attorney's fees. Presenting a fake lease or deed to stay on property is a Class A misdemeanor; listing or renting property without authority is a first-degree felony. Tex. Prop. Code ch. 24B (24B.001-24B.006); Tex. Penal Code Sec. 32.56 (as added by SB 1333), 32.57 | No general abandoned-property procedure; the lease largely governs. A landlord may remove the contents of premises abandoned by a tenant (an exception to the lockout ban). Seizure of property for unpaid rent under the landlord's lien requires an underlined/bold lien clause in a written lease, a peaceful seizure, a notice and itemized list left in the unit, and before any sale at least 30 days' notice by first-class and certified mail; surplus proceeds go to the tenant within 30 days. Deceased sole tenant: landlord may remove and store property and may discard it if the designated contact fails to remove it within 30 days after a certified-mail request (unless the lease sets another procedure). Tex. Prop. Code Sec. 92.0081(b)(2); 54.041-54.046; 92.014 |
| Arkansas | Unlawful squatting is a crime (Act 238 of 2025, new Ark. Code § 5-39-215). A person commits it by knowingly entering and residing on another's premises (dwelling, commercial building, or vacant land) without lawful authority when: the premises were not open to the public; the person cannot produce a deed or mortgage statement in their name, a lease signed by the owner or the owner's representative, a written or electronic agreement authorizing entry, or a rent receipt dated within the last 60 days; the owner has told the person to leave or reported the squatting to police; and no litigation is pending between owner and occupant. Police may accept a report only from the owner or the owner's authorized representative, and officers acting in good faith are immune. Penalties: first offense Class B misdemeanor, second Class A misdemeanor, third Class D felony. Producing a false document is a Class D felony, and so is a false report of squatting. The owner also has a private cause of action for damages, restitution, and attorney's fees. Current tenants, people with a valid occupancy agreement, and the owner's immediate family are excluded. Ark. Code § 5-39-215 (Act 238 of 2025, HB 1049); § 5-54-122(c)(1)(G) | When a lease ends, voluntarily or involuntarily, any property the tenant leaves on the premises is treated as abandoned, and the landlord may dispose of it as the landlord sees fit without liability to the tenant. The statute requires no notice, storage period, or sale procedure. Property the tenant places on the premises is also subject to a landlord's lien for payments the tenant agreed to make. Ark. Code § 18-16-108 |
| Louisiana | No affidavit-based police removal statute was found. Criminal route: under the criminal trespass statute, a 'squatter' (anyone remaining on property without a right of possession, ownership, occupancy, or lease interest) commits trespass by remaining after a lawful possessor directs them to leave verbally, by written notice, or by posting conspicuous signage that the property is privately owned and trespass is prohibited. Penalties: first offense $100-$500 fine and/or up to 30 days; escalating for repeat offenses. Civil route: the owner delivers a written 5-day notice to vacate to the occupant and then files a summary eviction (rule to show cause); an occupant who stays more than 5 days after a proper notice to vacate also 'remains' unlawfully for trespass purposes. La. R.S. 14:63(C)(2)(a)(i)-(ii), (b), (G); La. C.C.P. arts. 4702, 4731 | No statute — no Louisiana statute was found setting a notice, storage, or sale procedure for a tenant's belongings. After the required notice to vacate, the landlord may retake possession without further court process on a reasonable belief the tenant abandoned the premises (indicia: ending residential occupancy, returning keys, removing furnishings or other movables). In parishes under a federal disaster declaration, leaving the residence is not evidence of abandonment for 30 days after the declaration; violating that rule entitles the residential tenant to $500 or twice the monthly rent, whichever is greater. La. C.C.P. art. 4731(B)-(C) |
| New Mexico | New Mexico has no squatter-specific removal procedure or crime. Bills to create one failed: HB 332 and SB 359 (2025) and HB 144 (2026) all died. Removal is through existing law (court action and criminal trespass), which was not verified here. 2025 HB 332, 2025 SB 359, 2026 HB 144 (all died) | Not verified yet |
| Oklahoma | Sheriff removal without a court case. The owner or an authorized agent gives the county sheriff a verified Complaint to Remove Persons Unlawfully Occupying Residential Real Property, signed under penalty of perjury on the form set out in the statute, with ID or proof of agency attached. All of these must be true: the property was not open to the public when the occupants entered; the owner told them to leave; they are not current or former tenants; they cannot produce a lease signed by the owner, or a government document showing the address as their address of record within the past 12 months; they are not immediate family of the owner; and no related lawsuit is pending. The sheriff verifies ownership, serves a notice to immediately vacate by hand or by posting, puts the owner in possession, and may stand by (at an hourly fee) while the locks are changed. Penalties: damaging the dwelling by $1,000 or more is a felony (up to 3 years and/or $10,000). Presenting a fake lease or deed is a misdemeanor (up to 1 year and/or $1,000). Someone wrongfully removed may sue for restored possession, actual damages, 3x the fair market rent, costs, and attorney fees. Separately, under the landlord-tenant act a landlord may demand that an occupant with no rental agreement leave without filing an eviction. Failing to leave within a reasonable time is trespass, with a fine of up to $500. 21 O.S. §§ 1354-1357; 41 O.S. § 111(G) | Applies after the tenant abandons or surrenders the unit or is lawfully evicted. Property the landlord judges to have no apparent value, and perishables, may be disposed of right away without liability. For property with apparent value, the landlord must send written notice by certified mail to the tenant's last-known address saying the property will be deemed abandoned if it is not removed by the date in the notice. Property left with the landlord 30 days or longer is conclusively abandoned and may be disposed of in any reasonable manner. While storing it, the landlord must use reasonable care. Storage in the unit may cost no more than the fair rental value; commercial storage costs the actual charges. A tenant who reclaims the property in time pays storage and other accrued costs. A landlord who deliberately or negligently violates these rules is liable for actual damages. 41 O.S. § 130 |
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Compare squatters & abandoned property in all 50 states and DC →
Squatters' Rights in Texas FAQ
How do you remove a squatter in Texas?
Since Sept. 1, 2025 (SB 1333), the owner of residential property (or agent) may file a sworn complaint in a statutory form with the county sheriff or constable asking for immediate removal of a person who unlawfully entered and is occupying a dwelling without consent, if the property was not open to the public when the person entered, there is no pending litigation between owner and occupant, the owner has told the person to leave, and the person is not a current or former tenant or an immediate family member. After verifying the complainant is the record owner, the officer serves a notice to immediately vacate (hand delivery or posting on the front door) and puts the owner in possession; the officer may stand by (hourly fee) while locks are changed and belongings are placed at the property line. Fee equals the writ-of-possession fee. A person wrongfully removed may sue for possession, actual damages, exemplary damages of three times fair market rent, costs and attorney's fees. Presenting a fake lease or deed to stay on property is a Class A misdemeanor; listing or renting property without authority is a first-degree felony. (Tex. Prop. Code ch. 24B (24B.001-24B.006); Tex. Penal Code Sec. 32.56 (as added by SB 1333), 32.57)
What can a landlord do with a tenant's abandoned property in Texas?
No general abandoned-property procedure; the lease largely governs. A landlord may remove the contents of premises abandoned by a tenant (an exception to the lockout ban). Seizure of property for unpaid rent under the landlord's lien requires an underlined/bold lien clause in a written lease, a peaceful seizure, a notice and itemized list left in the unit, and before any sale at least 30 days' notice by first-class and certified mail; surplus proceeds go to the tenant within 30 days. Deceased sole tenant: landlord may remove and store property and may discard it if the designated contact fails to remove it within 30 days after a certified-mail request (unless the lease sets another procedure). (Tex. Prop. Code Sec. 92.0081(b)(2); 54.041-54.046; 92.014)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.