As a property owner in DFW, one uninvited occupant can flip your rental property from profit to panic overnight. Texas laws, SB 38 and SB 1333, give you sharper tools to take control: faster filings, cleaner venues, and the option to involve law enforcement for true squatters. No self-help, just decisive, compliant legal action to get your keys (and cash flow) back.
Here’s the playbook DFW property owners need to protect their rental property and take swift, compliant legal action.
Key Takeaways
- Effective dates: SB 38 applies to filings on/after January 1, 2026; SB 1333 begins September 1, 2025.
- Where to file & scope: File the eviction suit in the justice precinct where the property sits; JP (peace) court decides possession only, no title issues, counterclaims, or third-party joinder.
- Pre-suit notice: Give at least 3 days’ written notice to vacate (unless your lease changes it). If the tenant wasn’t previously late, the notice must state “pay rent or vacate.” Federal rules don’t delay filing, but can affect writ of possession timing.
- Faster timeline: Service within five business days; trial day 10–21 from filing and no earlier than day 4 after service; continuances >7 days need both sides’ written OK.
- Summary disposition (limited): Only for forcible-entry/unauthorized-entry cases; occupant has 4 days to respond; if no real factual dispute, the court may enter judgment without a trial.
- Appeals & rent: The tenant must post a bond/cash or provide a sworn statement of inability and continue paying rent during the appeal. If no lease, the court sets the amount (≥ $250 or fair-market rent).
- SB 1333 squatter removal: With a sworn complaint, a law enforcement officer can remove true squatters (not a former tenant or family) when no case is pending, never by self-help.
In-Depth Analysis for DFW Landlords
1) Venue & Jurisdiction
File in the correct justice precinct. The Justice of the Peace court determines legal possession only and cannot adjudicate legal ownership or property ownership.
Counterclaims and third-party joinder are barred in an eviction suit, which reduces forum shopping and keeps the case focused on private property possession.
2) Timelines You Can Plan Around
Start counting the day after the trigger; weekends and holidays count, and if a deadline lands on one, it moves to the next business day. After filing, the constable or sheriff has five business days to serve the citation; if they can’t, you may use another trained law-enforcement officer.
Trials are set from day 10–21 from filing (and not before day 4 after service). Any delay exceeding 7 days requires written consent from both parties.
If you win, the writ of possession must be served within five business days; a trained alternate can serve it under court rules and the Texas Property Code for forcible detainer.
3) Pre-Suit Notice (Non-payment)
Give a 3-day written notice (unless your rental agreement says otherwise). If the tenant has no prior delinquency, the notice must state “pay rent or vacate.” If they’ve been late before, you may use “pay or vacate” or “vacate.” You can file under laws in Texas, but don’t serve the writ until any applicable federal notice period has elapsed.
4) Summary Disposition (Targeted to Unauthorized Entry)
For forcible entry only, file a sworn motion with the petition; the occupant has 4 days to respond; if service is proper and no real dispute exists, the court may enter judgment without a trial (not for non-payment/holdover).
5) Appeals & Rent Flow During Appeal
To appeal, the tenant must file a bond/cash deposit or a sworn inability statement and affirm a good-faith, meritorious defense. The county court sets a trial within 21 days of getting the record.
Rent continues into the court registry; if there’s no written lease, the court sets the amount (at least $250 or fair-market value).
6) Electronic Hearings
If both sides agree, videoconference/teleconference appearances are permitted in the justice court. Consider including this option in your standard playbook to reduce travel and scheduling friction for Texas landlords and tenants.
7) Squatter Removal Outside Court (SB 1333)
An owner or agent may file a sworn complaint asking the sheriff or constable to remove a squatter who isn’t a former tenant or family, lacks legal permission, and has no eviction case pending.
The officer verifies ownership, serves a demand to vacate, and proceeds if the criteria are met. Never do self-help removals require a valid court order or the SB 1333 process; wrongful complaints or self-help can bring civil liability and criminal penalties.
Adverse Possession vs. “Squatters' Rights in Texas”
“Texas squatter's rights” refers to the legal principle of adverse possession. To win an adverse possession claim, a squatter must be physically present, hold the property openly, assert notorious possession, keep the property exclusively, and do so without the owner's permission, continuously under adverse possession laws, often to claim ownership.
Attempts by Texas squatters in abandoned or unoccupied properties, including vacant properties, rarely meet these standards; without them, the legal claim fails.
Squatter-Proofing Your Property
Prevention: Conduct routine inspections of vacant or unoccupied units, either through a trusted property management company or your own team. Secure access: post a written notice on private property, rekey locks, and document when a former tenant surrenders the unit under the rental agreement.
If issues arise, work with local law enforcement and follow squatting laws. Never forcibly remove anyone (that can be a criminal offense). Use the legal process, wait for a valid court order, and keep proof: your lease agreement, photos showing no legal permission, and ownership records confirming legal ownership/property ownership.
DFW Action Checklist (2025–2026)
- Update notices & scripts now: Incorporate the “pay rent or vacate” requirement for never-late tenants and align rental agreement templates.
- Calendar the new cadence: File → (≤ 5 business days) service → (day 10–21) trial; prep evidence early and reserve summary disposition for unauthorized-entry cases only.
- Appeal preparedness: Track rent payments during the appeal process. If there’s no lease, be prepared to propose at least $250 or the fair-market rent.
- Train staff on SB 1333: Set up a workflow with local law enforcement for sworn complaints to remove squatters starting September 1, 2025 (for true squatters, not a former tenant).
- Offer electronic appearances: Include a standard consent option in owner/tenant communications to reduce delays.
Faster Wins, Stronger Property Rights
SB 38 streamlines filings, service, and trials, while SB 1333 adds a law-enforcement path for true squatters. Use precise notices, track deadlines, document everything, and avoid self-help. With the right process, you can evict squatters lawfully and protect your property rights without unnecessary delays.
Defend your property rights and prevent squatters with Red Team Real Estate. Book a quick consult now and get a clear, compliant plan to act fast!
FAQ
1) When does SB 38 take effect?
Most provisions apply to petitions filed on or after January 1, 2026; related court rules begin earlier.
2) Is “summary disposition” available for standard nonpayment evictions?
No. It’s tied to unauthorized-entry cases, not routine nonpayment forcible detainer matters.
3) What if the constable can’t serve within five business days?
You may engage another trained law enforcement officer to complete service.
4) Can tenants slow cases by appealing?
Appeals are bounded: tenants must file a bond/cash/inability and continue rent payments. The case proceeds in the county’s court.
5) Does SB 38 eliminate tenant protections?
No. It streamlines the legal process but preserves legal rights like written notice, service, response, appeal, and military protections. Title disputes remain separate from possession.
6) How does adverse possession interact with evictions?
An adverse possession theory is separate from an eviction process. To claim adverse possession, a squatter in Texas would need actual possession, exclusive possession, hostile possession, continuous possession, and often to pay property taxes (sometimes with a duly registered deed). Most unauthorized occupants in DFW do not meet those elements, so the actual owner typically prevails through an eviction lawsuit and, if granted, a writ of possession.
Additional Resources
Handling Late Rent Payments: A Guide for Landlords
The Essential Landlord’s Guide to Texas Tenant Screening Laws
