For landlords, dealing with squatters can be a frustrating experience. Your ultimate business goal is finding a tenant who pays rent on time and follows legal terms. In Houston, squatter rights add complexity to your property ownership.
Squatters are every property owner’s worst nightmare, as they can lead to potential risks and damages to your property that are beyond your control.
As a landlord, understanding how to protect your property from a squatter is essential. Check out this breakdown of the squatter’s rights in Houston and the due diligence process of removing them from the premises.
What is a Squatter?
A squatter is someone who occupies the property without the owner’s permission, whereas squatting is the unlawful moving of an individual to a property without any title or lease.
Unlike a tenant who has a legal agreement to reside on the premises, squatters occupy empty homes or abandoned buildings out of necessity or their own political agenda.
As a landlord, it is crucial to understand the dynamics of squatters and their rights to know the legal protections you are entitled to.
Understanding Squatter’s Rights in Texas
Under Texas law, squatter’s rights are also referred to as adverse possession. This grants individuals who have unlawfully occupied an abandoned property for an extended period of time the right to claim legal ownership under specific conditions.
According to Texas. Prop. Code 16.024 - 16.026, these are the following conditions:
- Gain title to property for at least three consecutive years
- Record a deed, pay all property taxes, and cultivate the land for five years
- Improve the land—with less than 160 acres—for ten consecutive years
While these legal doctrines might seem unfair, these laws were designed to secure a vacant property from sitting idle.
Other Requirements to Adverse Possession Claim
To claim the occupied area, squatters must also identify themselves according to certain criteria. A squatter should fit the following requirements:
- Continuous Possession: is when a squatter has uninterrupted possession for a statutory period of 10 years.
- Notorious Possession: means their occupancy is open and obvious to the public and that they aren’t hiding in secret.
- Actual Possession: entails that they have lived there for a long duration without lawful documentation.
- Exclusive Possession: shows that they have occupied the property exclusively and don't share it with anyone.
- Hostile Possession: indicates that they must not have a consented lease or rental agreement with the landlord or property owner.
This underscores the qualifications a squatter must have before legally claiming a property.
The Difference Between Squatter and Trespassing
Squatters are often confused with trespassers, but their distinction lies in their intent and duration. Trespassers unlawfully break into a property for a short period. They typically don’t have utilities or any form of prior lease to enter an area but they can be removed for local loitering or trespassing laws.
On the other hand, squatters establish their residency through adverse possession laws that provide evidence of tenancy and occupancy for a longer period. If a squatter provides documentation of their rights, then there is a possibility of a court hearing with the property owner.
If you can distinguish the meaning between the two early on, then you’ll be able to determine legal steps to take as a landlord.
How to Prevent Squatters from Entering Your Property?
Proactively securing your property will reduce vulnerabilities, even though it is frequently vacant. You only have to follow these steps:
- Secure All Entry Points: Install sturdy locks and advanced alarm systems on all doors and gates to make it clearly indicate that the property is private. Use adequate lighting and motion detectors to provide valuable evidence in case conflicts arise.
- Conduct Regular Inspections: Schedule periodic visits to detect any signs of unauthorized occupants on your property. This will prompt action before squatters even get the chance to own the place.
- Address Vacancies Promptly: Keep the property in use while you’re actively seeking tenants to keep the property occupied. Utilize temporary security measures to avoid being the prime target of squatters.
- Encourage Neighbors to Report Suspicions: Form relationships with your neighbors as well as law enforcement to increase patrol and address trespassing.
- Hire a Property Management Company: Contact a property manager to have your property regularly checked and managed.
If you want to freely go on a holiday getaway or simply leave the place for a long period, these preventative actions can significantly protect your rental property investment. There’s no better feeling than knowing your property is in good hands.
Removing Squatters from Your Property
Squatters can have the same access to property as landlords, so it’s vital to be well-informed and prepared to confront them with proof. As a landlord, your knowledge will be the deciding factor in their ability to respond effectively to your action.
If squatters refuse to leave, you will need to perform legally permissible steps for a formal eviction notice. Here’s how to do it:
- Issue a Written Notice: You can serve a three-day notice or less for the squatter to move out before taking the case to court.
- File an Eviction Lawsuit: If the squatters do not comply, bring your eviction suit to your local justice court and provide complete documentation of grounds for eviction.
- Attend the Hearing: Present your proof that the squatters lack a valid claim to your property.
- Obtain a Court Order: Assuming you win the case, squatters will leave your property after the judge issues a writ of possession five days after the judgment.
- Enforce the Order: Within 24 hours the writ is served, work with local law enforcement to carry out the eviction to legally remove the squatter and restore your legal possession.
To ensure a smooth resolution, it is best to adhere to the legal process and protect yourself from liability.
Property Owner’s Rights and Responsibilities
Being a landlord requires you to protect the property’s investment while acting responsibly according to the law.
Some property owners shared their testimonies about squatters daily. Thankfully, Texas legislators are working on supporting property owners to kick out unwanted tenants easily. Updates on this plan will resume this year, making legal consultation more accessible for landlords and property owners.
Staying up to date with your rights and responsibilities can strengthen your position in any legal proceedings against a squatter. Here are key considerations to follow:
- Understanding Your Rights
- Maintaining Property Records
- Ensuring Property Security
Balancing your rights with your legal obligations helps you navigate disputes effectively while maintaining compliance with state laws.
Risks of Not Removing Squatters
Delayed action can result in protracted legal battles. Allowing squatters to remain on your property can lead to serious consequences, such as:
- Financial Losses
- Legal Challenges
- Property Devaluation
Squatter occupancy can harm your property’s market value and make it less appealing to potential clients. That is why the earlier you address issues regarding them, the easier you minimize risks to maintain your property as a valuable asset.
Who to Call for Help?
Consulting professionals is always a good option. Their expertise ensures you're making the right choices and responses to property issues related to squatting. That said, here are the best people to tap whenever you need legal advice:
- Real Estate Attorneys: Adverse possession claims involve complex doctrines that require legal attention. Legal attorneys can help you file necessary issuances and represent you in court when necessary. As you work within a legal system to fight against a squatter's claim, partnering with a real estate attorney will ensure you remain the rightful owner of your property.
- Property Management Companies: Professionals can assist in maintaining your rental property effectively while preventing unauthorized occupancy. They will handle tenant screenings and respond quickly to any concerns surrounding your rental property.
Professional services are your best bet in ensuring that your situation is managed effectively and in compliance with the law. Partnering with experts and remaining vigilant are the two best approaches you could take to keep you the rightful property owner.
Final Thoughts
Paying close attention to squatting allows your tenants to live in a safe and secure property. Apart from understanding the legal rights attached to your property, distinguishing squatters from tenants and taking proactive measures are just as important to navigate.
One of the smartest steps you can take is to hire a reputable property manager from Residential Leasing and Management.
We know how challenging it can be to face squatters without the proper assistance you demand. The investigation process can be costly and time-consuming, making your possession of the property more vulnerable.
Contact us today and let us simplify your responsibilities to ensure that your rental property is protected and well-managed while actively increasing your market value.
Additional Resources
Red Flags to Look Out for When Buying Investment Properties in Houston
A Practical Guide to Property Management vs Property Maintenance in Houston
What Is the Right to Quiet Enjoyment for Rental Property in Houston?
