Imagine coming back from a long vacation or checking on a rental property only to find a stranger has moved in and changed the locks. In the past, you would have been told it was a civil matter, forcing you into a month-long legal nightmare while the intruder lived in your house for free. It is a terrifying violation of your property rights that has left many Texas families feeling helpless.
However, as of January 1, 2026, the rules have finally changed in your favor. Senate Bill 38 has officially taken effect, creating a fast-track system to reclaim your home. Honestly, the system was broken for decades, but you now have a powerful new tool to protect your investment. Here is the reveal of how to remove a squatter in just 10 days.
The End of Civil Matter Delays
The biggest hurdle for homeowners used to be the slow pace of the court system. Squatters would use delay tactics to stay in a property for six months or more. The new law, Senate Bill 38, restructures the civil eviction process specifically for unauthorized occupants.
Judges are now mandated to focus strictly on the issue of possession. They are directed to ignore side arguments that do not relate to the legal right to be in the home. This streamlined approach allows for a ruling in as little as 10 to 21 days after you file. It is a major shift that puts the burden of proof back on the intruder rather than the homeowner.
The Sworn Complaint Shortcut
Under the new rules, you can file a sworn complaint with your local sheriff or constable requesting immediate removal. You must provide proof of ownership—like a deed or a valid lease agreement—and swear under oath that the occupant has no legal right to be there.
Once the authorities verify your documents, they can act without you having to go through a traditional, lengthy trial. Surprisingly, the law also increases the criminal penalties for those who use fraudulent documents to claim they are tenants. If a squatter presents a fake lease, they can now be arrested on the spot. It is a no-nonsense approach that treats squatting like the theft that it actually is.
How to Execute a 10-Day Removal
If you find an unauthorized person in your property, do not try to self-help by changing the locks or cutting off utilities, as this is still illegal in Texas. Instead, go immediately to your precinct’s Justice Court and file for a summary decision under SB 38.
Because the law requires courts to prioritize these cases, your hearing will be set on an accelerated timeline. Once you win the judgment, you can request an immediate Write of Possession. The constable is then authorized to physically remove the individual and their belongings from your property. By following the legal fast-track, you avoid the liability of a confrontation and get your keys back in record time.
Reclaiming Your Peace of Mind
Texas has long been a state that values private property, and this new law finally aligns our courts with those values. You no longer have to live in fear that an empty property will become a legal trap. By understanding your rights under SB 38, you are the authority over your own front door. Do not let anyone tell you that you have to wait it out ever again. You have the law on your side, so use it to protect what you have worked so hard to build.
Have you ever had to deal with a squatter or a difficult eviction in Texas? Leave a comment below and share your experience with the new legal system.
What to Read Next…
- Texas Real Estate: Where Squatters Can Now Be Removed Immediately Under New Law
- Wills, Beneficiaries, and Beyond: Estate Planning Basics for Newly Married Couples
- 5 Mistakes Atlanta Renters Are Making in Today’s Market
The post Texas Homeowners: New Law Removes Squatters in 10 Days — Here’s How It Works appeared first on Budget and the Bees.
