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Strangers in Your Rental? Texas Just Changed the Rules
You pull up to check on your vacant rental between tenants, and there's a car in the driveway you don't recognize. The blinds are closed, the lights are on, and someone you've never met is living in your home. For years, Texas owners in that situation had to file a lawsuit and wait weeks for a judge to give them their property back.
That changed on September 1, 2025. Texas Senate Bill 1333 now gives residential property owners a faster, court-free path to remove true squatters through local law enforcement. At Lone Star Property Management, we've spent more than 35 years protecting rental investments across Montgomery County and North Houston, and we want local landlords to understand exactly how this law works, when it applies, and when it doesn't.
Key Takeaways
Court-free removal: SB 1333 lets owners ask a sheriff or constable to remove unauthorized occupants without a traditional eviction trial.
Simple process: Owners submit a complaint and proof of ownership, then pay a fee equal to the cost of a writ of possession.
True squatters only: Current or former tenants, family members, and contract-for-deed occupants still require the standard eviction process.
Tougher penalties: Fake leases, bogus deeds, and renting property you don't own now carry criminal charges, including felonies.
Faster evictions, too: SB 38 requires eviction trials within 21 days of filing for cases filed on or after January 1, 2026.
What SB 1333 Actually Does
SB 1333 added Chapter 24B to the Texas Property Code, titled "Removal of Certain Unauthorized Occupants of Real Property." In plain terms, it gives owners a direct line to law enforcement when someone has moved into a home without permission.
Governor Abbott signed the bill alongside SB 38 in a ceremonial signing at the Texas Capitol, framing both laws as tools to close loopholes and defend property rights. For landlords in Conroe, The Woodlands, and Spring, that means a vacant rental is no longer an open invitation for weeks of legal limbo.
How the SB 1333 Removal Process Works
The process is designed to be quick, but every step still matters. Missing one can delay removal or expose you to liability.
Step 1: Ask the Occupant to Leave
Before law enforcement can act, the owner or the owner's agent must direct the person to leave the property, and the person must refuse. Document this request with dates, times, and photos whenever possible.
Step 2: Submit a Complaint and Proof of Ownership
Owners submit a sworn or unsworn complaint, along with proof of ownership, to the sheriff or constable in the county where the property sits. The complaint follows a form set out in the statute and identifies the property, the occupant, and why that person has no legal right to be there. For Montgomery County rentals, that means working with the county sheriff or your local constable precinct.
Step 3: Law Enforcement Verifies and Acts
Officers verify that the complainant is the record owner or the owner's authorized agent. Once confirmed, they serve a notice to immediately vacate and can physically remove the unauthorized occupant without a civil eviction trial.
Step 4: Pay the Removal Fee
Owners pay a fee equal to the cost of a standard writ of possession. Compared with attorney fees, court costs, and weeks of lost rent, that's a modest price for getting your property back.
Key Limitations Every Landlord Should Know
SB 1333 is powerful, but it's intentionally narrow. Using it on the wrong person can backfire, so confirm the occupant truly qualifies before filing a complaint.
True Squatters Only
The law applies only to people who unlawfully entered and have no lease, rental history, or lawful claim to the property. Someone who broke into a vacant home fits. Someone whose lease simply expired does not.
Who Is Excluded
SB 1333 does not apply to current or former tenants, immediate family members, or contract-for-deed occupants. Those situations still require the standard Chapter 24 eviction process through the justice court. If a tenant stops paying rent or refuses to leave after their lease ends, you'll need a formal eviction process handled by experienced professionals.
Property Restrictions
Two more conditions apply. The property must not have been open to the public when the person entered, and it can't be the subject of pending civil litigation between the owner and the occupant. If either condition is unmet, SB 1333 is off the table.
New Criminal Penalties for Property Fraud
SB 1333 doesn't just speed up removal. It also targets the schemes that often put squatters in homes in the first place.
Fake Leases and Bogus Deeds
Presenting fraudulent documents, such as a fake lease or phony deed, to claim a right to occupy a property is now a criminal offense. That closes a common tactic squatters once used to stall law enforcement.
Renting or Selling Property You Don't Own
Scammers who list someone else's home for rent or sale now face felony charges. This matters in fast-growing markets like Montgomery County, where rental scams on vacant listings can victimize owners and unsuspecting renters alike.
How SB 38 Speeds Up Traditional Evictions
Passed alongside SB 1333, Senate Bill 38 streamlines the formal court process for landlord-tenant disputes. For eviction petitions filed on or after January 1, 2026, courts must hold a trial within 21 days of the petition being filed, and the law sets more consistent timelines for appeals.
So while SB 1333 handles true squatters, SB 38 helps landlords dealing with nonpaying or holdover tenants move through court faster. Knowing which tool fits your situation saves time and money.
Protecting Your Rental Before Problems Start
The best squatter defense is a property that never looks abandoned. Vacant homes attract unwanted attention, especially during long turnovers.
Consistent property maintenance and inspections keep homes looking lived in and let you spot trouble early. Thorough tenant screening shortens vacancy periods and reduces the chance of disputes that end in court.
Clear documentation matters too. Organized records of ownership, leases, and deposits make every legal process smoother. Our guide to Texas security deposit law for Montgomery County landlords is a helpful place to tighten up your paperwork.
Frequently Asked Questions
Can I use SB 1333 to remove a tenant who stopped paying rent?
No. SB 1333 excludes current and former tenants under any oral or written lease. Nonpaying tenants must go through the standard Chapter 24 eviction process, which SB 38 now speeds up for cases filed on or after January 1, 2026.
Can my property manager file the SB 1333 complaint for me?
Yes. The law allows the owner or the owner's agent to submit the complaint. Law enforcement will verify that the agent is authorized to act for the record owner before moving forward.
What if the squatter shows me a lease?
Don't panic. Presenting a fraudulent lease is now a criminal offense in Texas. Let law enforcement review the document, and consult an attorney if the situation is unclear.
Keep Your Montgomery County Rental Secure and Profitable
SB 1333 gives Texas landlords a faster, court-free way to reclaim homes from true squatters, while SB 38 speeds up traditional evictions for everyone else. The key is knowing which law applies and acting quickly with the right documentation.
With full-service Montgomery County property management from Lone Star Property Management, you don't have to navigate squatters, evictions, or vacancies alone. Owners across Conroe, The Woodlands, and North Houston trust our team to keep their investments protected. Call us at 936.597.9202 or contact us today to schedule a consultation.
