Listen, while everyone else is still playing checkers with squatter problems, Texas just handed you the chess playbook. But here’s the thing – most agents won’t understand the strategic implications of what just happened. Let’s break this down.
The Power Play: What Texas Just Did That Changes Everything
Governor Abbott didn’t just sign legislation, he just handed property owners the ultimate strategic weapon against unauthorized occupants. Two bills, Senate Bill 1333 and Senate Bill 38. Suddenly the game board looks completely different. (Squatter Rights Bill)
Here’s what Abbott said, and I want you to really hear this: “Texas is facing a squatting crisis, with property owners struggling to evict delinquent tenants or remove people who were never supposed to be on their property in the first place.”
Translation? Texas saw chaos and decided to turn it into opportunity for property owners.
SB 1333: The Nuclear Option (Effective September 1, 2025)
This isn’t just another law, this is immediate action capability. Property owners can now file a sworn affidavit with law enforcement and have squatters removed without stepping foot in a courtroom.
Think about that strategic advantage for a second.
Here’s who this targets:
- Anyone who entered without permission (pretty straightforward)
- People who refuse to leave when directed (the “I’m not going anywhere” crowd)
- Non-tenants with no lease paperwork (no legitimate claim)
- No family relationship to the owner (strangers, essentially)
The Franklin Insight: Gone are the days waiting on court dates, you’re already moving on to the next opportunity. Speed is currency in this market.
The Questions Smart Investors Are Already Asking (And You Should Too)
“Can Someone Actually Claim My Property If I’m Not Using It?”
Look, here’s the reality check: Yes, but the requirements are so strict it’s almost laughable. Under Texas adverse possession laws (Property Code 16.024-16.026), squatters need:
- 3-10 years of continuous occupation (we’re talking years of your life)
- Paid property taxes the entire time (they’re literally funding their own case)
- Visible property improvements (they better have receipts)
- Open, hostile, exclusive possession (legal speak for “acting like they own it”)
- “Color of title” (fake documents that look legit)
Real talk? Successful adverse possession claims are rarer than a Dallas winter. And with these new 2025 laws? You can shut it down before they even think about establishing rights.(Adverse Possession)
Strategic Move: Don’t let fear of adverse possession paralyze you. These new laws give you the tools to act decisively.
“How Fast Do I Need to Act Before They Become ‘Legal’?”
Here’s where people get confused, so listen carefully: There’s no magic timeframe that creates squatter rights overnight.
Senate Bill 1333 allows immediate removal, doesn’t matter if they’ve been there a week or a month. If they never had permission and aren’t protected tenants, they’re out.
But here’s the strategic thinking: Every day you wait is a day they’re building a story, potentially damaging your property, and complicating the removal process.
Action creates clarity. Delay creates chaos.
The traditional adverse possession timeline (3-10 years) is irrelevant when you’re using the new immediate removal process. But here’s what should keep you up at night:
- Delayed action signals weakness to squatters
- Established patterns make removal psychologically harder (even if legally straightforward)
- Property damage accumulates with time
- Lost rental income compounds daily
Tom Ferry Truth Bomb: The agents making six and seven figures aren’t the ones who “wait and see.” They’re the ones who see a problem and handle it before lunch.
“What’s the Actual Difference Between Squatters, Trespassers, and Holdover Tenants?”
Most agents mess this up, so let’s get crystal clear:
SQUATTERS = Unauthorized occupants attempting to establish residence or ownership rights. They’re playing the long game, hoping adverse possession works in their favor.
TRESPASSERS = People who illegally enter but aren’t trying to live there or claim ownership. Think teenagers partying in your vacant property.
HOLDOVER TENANTS = Former legal tenants who stay after their lease expires. They HAD rights at one point; now they’re overstaying their welcome.
Why This Matters: The new Texas laws specifically target squatters and unauthorized occupants while protecting legitimate tenant-landlord relationships. Know which category you’re dealing with, or you’ll use the wrong playbook.
How These Laws Actually Protect YOUR Investment (The Strategic Breakdown)
SB 38: The Court Process Just Got Streamlined (Effective January 1, 2026)
While SB 1333 gives you the immediate removal option, SB 38 modernizes the traditional court process for situations where you need that route:
The New Timeline:
- 10-21 days from filing to trial (not months)
- Summary judgments in clear-cut cases (faster wins)
- 21-day appeal window with stricter requirements (fewer delays)
- Uniform statewide processes (no more jurisdictional games)
Translation: Even when you DO go to court, the game moves at YOUR speed, not theirs.(SB 1333 & SB 38)
Enhanced Criminal Penalties: Making Fraud Expensive
Here’s where Texas really showed teeth:
- Misdemeanor charges for fake ownership documents
- Felony charges for selling/leasing property with fraudulent documents
- Second-degree felony for property damage over $1,000 during criminal trespass
- Enhanced penalties for criminal mischief related to home invasion
The Franklin Read: These aren’t just laws, they’re deterrents. The risk-reward calculation just shifted massively against squatters. Smart ones will think twice. Dumb ones will become expensive examples.
Your Strategic Defense Protocol: Protect Before You Have to Remove
Let me be crystal clear about something: The best squatter situation is the one that never happens. While everyone’s focused on removal strategies, elite investors are focused on prevention.
The Elite Investor Checklist
1. Monthly Property Inspections (Non-Negotiable)
- Vacant properties are targets
- Physical presence signals ownership
- Early detection = easy resolution
- Document everything with photos/video
2. Security Infrastructure (Worth Every Dollar)
- Quality locks on all entry points
- Visible security cameras (deterrent effect)
- Alarm systems with remote monitoring
- Motion-activated lighting
3. Legal Signage (Simple But Powerful)
- “No Trespassing” signs at all entrances
- “Property Under Video Surveillance” warnings
- Contact information for property manager/owner
- Strengthens legal standing for removal
4. Property Tax Vigilance (Never Miss a Payment)
- Prevents squatters from using tax payments to support claims
- Demonstrates consistent ownership
- Eliminates one avenue of adverse possession argument
5. Documentation System (Your Paper Trail)
- Property ownership documents organized and accessible
- Inspection logs with dates and findings
- Improvement and maintenance records
- Communication logs with any authorized occupants
Strategic Mindset Shift: Most agents see this as “overhead.” Elite agents see this as insurance that pays dividends by preventing six-figure problems.
Executing the SB 1333 Immediate Removal Process
When you discover unauthorized occupants, here’s your action sequence:
STEP 1: Verify & Document
- Gather title, deed, ownership documentation
- Photograph/video the unauthorized occupation
- Document any damage or changes to property
- Confirm no legitimate tenant relationship exists
STEP 2: File Sworn Complaint
- Submit affidavit to sheriff or constable
- Provide clear evidence of ownership
- Show occupants have no legal right
- Request immediate removal
STEP 3: Law Enforcement Coordination
- Work with authorities on timing
- Be present if requested
- Document the removal process
- Secure property immediately after removal
The Ellison Advantage: While others are still googling “how to remove squatters,” you’re already filing paperwork and coordinating with law enforcement. Speed is your competitive weapon.
Legal Safeguards: Protection Against Wrongful Removal
Here’s something important that separates professional operators from cowboys: These laws include real consequences for wrongful removal.
If you mistakenly evict someone who had legitimate rights, they can sue for:
- Actual damages from the wrongful removal
- Exemplary damages (punitive – this can hurt)
- Attorney’s fees and court costs
- Up to 3X fair market rent of the property
What This Means: Do your due diligence. Verify occupancy rights before pulling the trigger. The immediate removal power is incredible, but it requires accurate intelligence.
Strategic Protection: Document everything. If you’re wrong, your documentation shows good faith. If you’re right, your documentation proves it. Either way, you win.
Federal Compliance: Don’t Let Speed Make You Stupid
These Texas laws are powerful, but they don’t override federal regulations. Elite operators know how to move fast while staying compliant.
Fair Housing Act: The Line You Cannot Cross
The Fair Housing Act prohibits discrimination based on:
- Race
- Color
- Religion
- Sex
- National origin
- Familial status
- Disability
Critical Understanding: You CANNOT selectively enforce removal procedures based on protected characteristics. Even with squatters, discrimination is discrimination.(Fair Housing Act)
Smart Application: Create standardized protocols for handling ALL unauthorized occupants. Document that you follow the same process regardless of who the squatter is. Consistency is your legal shield.
RESPA Transparency in Transactions
When you’re buying or selling properties, Real Estate Settlement Procedures Act (RESPA) requires full disclosure of occupancy issues.(RESPA)
For Buyers: Any history of unauthorized occupation or adverse possession claims must be disclosed.
For Sellers: Don’t hide squatter problems. Disclose them, show how you’re handling them under the new laws, and demonstrate competence.
Strategic Reframe: A disclosed and properly-handled squatter situation actually demonstrates sophistication. It shows you know the law and can execute.
Post-NAR Settlement: Heightened Disclosure Requirements
Following the 2024 National Association of REALTORS® settlement, disclosure standards got stricter.
What This Means for You:
- More detailed property condition disclosures required
- History of unauthorized occupation must be documented
- Any legal disputes must be disclosed
- Proper handling becomes part of your value proposition
The Opportunity: Most agents see increased disclosure as liability. Elite agents see it as differentiation. When you can say “Yes, there was an issue, here’s exactly how I handled it using the new laws,” you demonstrate competence that builds trust.
Long-Term Strategic Implications: Why This Changes Everything
The Upside for Smart Property Owners
Faster Resolution = Better Cash Flow
- Immediate removal vs. months-long court battles
- Rental income resumes quickly
- Property damage stops accumulating
- Investment remains productive
Reduced Legal Costs = Higher ROI
- Fewer attorney fees eating profits
- Less court expense
- Simplified processes mean less billable time
- Money stays in your pocket, not lawyers’
Stronger Property Rights = Increased Confidence
- Clear legal pathways for protection
- Reduced fear of adverse possession
- More aggressive investment strategies possible
- Competitive advantage in acquisitions
Market Impact = Rising Property Values
- Investor confidence increases demand
- Reduced squatter risk improves valuations
- Texas becomes more attractive for out-of-state investment
- Your existing portfolio appreciates
Addressing Housing Advocate Concerns (Because You Should Know Both Sides)
Initial worries that these laws would hurt legitimate tenants were addressed in final versions:
Protected Parties:
- Current tenants with active leases
- Former tenants with documented rental history
- Family members with legitimate property relationships
- Anyone with legitimate occupancy claims
The Balance: Texas lawmakers created powerful tools for property owners while maintaining due process protections. This isn’t vigilante justice, it’s expedited due process.(NAR Settlement)
North Texas Specific Strategy: DFW Market Application
For Waxahachie and Ellis County Property Owners
The Dallas-Fort Worth metroplex’s explosive growth creates unique dynamics:
Opportunity Factors:
- Rapidly appreciating property values (higher stakes)
- Increased out-of-state investor activity (less local knowledge)
- Development boom creating transitional properties (vulnerability periods)
- Strong rental demand (faster occupancy turnaround)
Risk Factors:
- More vacant land and properties (easier targets)
- Construction delays leaving properties unattended
- Investor attention can attract squatter activity
- Rural areas with less frequent monitoring
Your Competitive Edge: Local agents who understand both the new laws AND the unique DFW market dynamics can provide massive value to investors and property owners.
Working with Real Estate Professionals Who Get It
When buying or selling North Texas properties, you need agents who understand:
The New Legal Landscape
- How SB 1333 and SB 38 actually work
- When to use immediate removal vs. court process
- Disclosure requirements under new standards
- Risk mitigation strategies for different property types
Local Market Dynamics
- Which areas have higher squatter risk
- How development patterns affect vulnerability
- Seasonal trends in unauthorized occupation
- Law enforcement responsiveness by jurisdiction
Transaction Protection
- Proper due diligence for acquisition
- Disclosure strategies for sale
- Title insurance considerations
- Closing process adjustments
Value Proposition: An agent who understands these laws isn’t just helping you comply, they’re helping you capitalize on opportunities others miss and avoid risks others stumble into.
The Bottom Line: Your New Reality in Texas Property Rights
Texas just fundamentally changed the power dynamic between property owners and unauthorized occupants. Senate Bill 1333 and Senate Bill 38 aren’t just legislative updates, they’re strategic weapons for protecting and maximizing your real estate investments.
The Strategic Takeaway
Prevention beats removal. Removal beats litigation. Litigation beats property loss.
These new laws give you unprecedented tools, but tools are only valuable to people who know how to use them. Most agents and property owners will read about these laws and file them away as “good to know.” Elite operators will weaponize this knowledge into competitive advantage.
The Franklin Perspective
While everyone else sees these laws as “squatter protection,” you should see them as investment acceleration tools. Properties with squatter histories? Suddenly more attractive because you can resolve quickly. Distressed properties others avoid? Now they’re opportunities because you have immediate recourse if issues arise.
Chaos is opportunity. Texas just handed you the playbook for turning property rights chaos into your competitive advantage.
Your move.
📊 Your North Texas market intel source
🎯 Text 214-228-0003 for insider updates
Bobby Franklin – REALTOR®
Legacy Realty Group – Leslie Majors Team
Serving Ellis County & DFW
Legal Disclaimer: This article provides general information about Texas property laws and should not be construed as legal advice. For specific legal guidance about your situation, consult with a qualified Texas real estate attorney who can evaluate your unique circumstances and provide appropriate counsel.
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