What to Do If Someone Is Living on Your Property Without Permission
Discovering that someone is occupying your property without your consent is more than just frustrating. It’s a legal problem that can quickly escalate if not handled correctly.
Whether it’s a former tenant who never left, a squatter you didn’t know existed, or someone taking advantage of a vacant property, Texas law offers specific remedies, but the process isn’t always simple.
Here’s what you need to know to protect your rights and take appropriate action.
Don’t Take Matters Into Your Own Hands
It’s understandable to want immediate resolution, but do not attempt to force the person out yourself. Changing locks, shutting off utilities, or making threats may feel justified, but in Texas, actions like these can expose you to legal liability. You could even face claims of unlawful eviction or harassment.
Even if the person is clearly trespassing, the law requires you to go through proper legal channels to remove them.
Identify the Nature of the Occupancy
Before taking legal steps, determine how the person came to occupy the property. This affects the legal process you'll need to follow:
A former tenant who stayed after a lease ended is considered a holdover tenant and must be removed through a formal eviction proceeding.
A squatter is someone who moved in during vacancy without permission. They may be treated as a trespasser or an unauthorized occupant, depending on how long they've been there.
A guest or family member who refuses to leave may require a different legal remedy than a stranger.
Accurate classification helps you avoid delays and ensures you're using the right legal process.
Consider If Adverse Possession Applies
If someone has been occupying your property without permission for a long time, especially in rural areas, you may wonder if they can claim ownership through adverse possession.
In Texas, adverse possession requires:
Continuous, open, and exclusive possession
A belief that the person had a right to the land
Occupancy for a minimum period (ranging from 3 to 10 years, depending on the circumstances)
The bar is high, and most unauthorized occupants don’t qualify. But if you're unsure, speak with an attorney to evaluate the risk.
Send a Written Notice to Vacate
If the person occupying your property doesn’t have legal standing (no lease, no ownership claim), your first step is often to serve a written notice to vacate. This notice gives them a formal deadline to leave the property voluntarily.
In most cases, Texas law requires at least 3 days’ notice before filing for eviction.
Deliver the notice in person, by mail, or by posting it on the door in accordance with state rules.
Even if you believe the person is trespassing, starting with a formal notice shows good faith and may help you in court later.
File for Eviction (Forcible Detainer)
If the occupant refuses to leave after receiving notice, your next step is to file an eviction suit, officially called a forcible detainer action, in Justice Court.
Here’s what to expect:
You’ll need to prove ownership of the property and that the person is occupying it without permission.
The court will schedule a hearing, typically within 10–21 days.
If you win, the court will issue a writ of possession, allowing the sheriff or constable to remove the occupant.
This is the only legal way to physically remove someone from the property.
Call Law Enforcement, But Only When Appropriate
If the occupant is a criminal trespasser, and there is no question of tenancy, you may be able to involve local law enforcement. However, police officers are often reluctant to act without a court order unless:
There is clear evidence of break-in or forced entry
The property is commercial, not residential
The situation poses an immediate threat to safety
In most residential cases, you’ll still need to pursue legal eviction.
Document Everything
Throughout this process, maintain detailed records:
Photos or videos showing unauthorized occupancy
Copies of the notice to vacate and how it was served
Communication with the occupant (if any)
Any prior agreements or lease documents
This documentation strengthens your legal case and protects you if the matter escalates.
When to Contact an Attorney
Property disputes involving unauthorized occupants can become complicated fast, especially if the occupant claims a right to stay. An experienced real estate attorney can:
Help you draft a proper notice to vacate
File eviction paperwork correctly
Represent you in court
Advise on risks like adverse possession or liability exposure
At LDG PLLC, we help property owners assert their rights and remove unauthorized occupants using the full protection of the law.
Someone occupying your property without permission?
Don’t risk legal missteps. Contact LDG PLLC today for guidance on eviction, trespass, and protecting your property rights.