Texas Governor Greg Abbott has declared war on squatters, placing legislative reform at the forefront of his 2024 agenda. This comes in response to a growing national concern over squatting incidents, with Texas homeowners increasingly finding themselves entangled in protracted legal battles to reclaim their properties. The urgency of the situation was highlighted by the harrowing experience of Terry Boyette, a Mesquite resident who endured 11 months of homelessness while fighting to evict a squatter from her home. Boyette’s ordeal, during which she continued to pay mortgage, taxes, and insurance to protect her ownership, epitomizes the financial and emotional toll squatting takes on victims. The damage inflicted on her property further compounded her suffering, preventing her immediate return even after regaining possession. Boyette’s testimony before a Senate hearing in May served as a catalyst for legislative action, emphasizing the need for swifter legal processes to protect property owners from this growing threat.
Abbott’s commitment to addressing this issue is underscored by his inclusion of squatting reform in his State of the State address. He emphasized the fundamental importance of private property rights and the need for stronger laws to swiftly remove and prosecute squatters. This declaration received strong support from both the public and key legislators, including Senator Paul Bettencourt and Representative Angie Chen Button, both Republicans, who have spearheaded efforts to reform squatting laws. Their proposed legislation aims to provide a clear definition of squatting, establish criminal penalties for the offense, and expedite legal proceedings in Justice of the Peace Courts, effectively streamlining the eviction process. These reforms aim to provide a stronger deterrent against squatting while offering more timely relief to affected property owners.
While squatting is illegal across the United States, including Texas, the current legal framework inadvertently provides loopholes that squatters can exploit. Texas Squatters’ Rights, for instance, allow individuals to claim adverse possession of a property under specific conditions. These include demonstrable physical possession, open occupancy, exclusive use, and uninterrupted habitation for a period ranging from three to ten years, depending on specific circumstances like the payment of property taxes and land cultivation. This legal avenue, while intended for legitimate claims, can be manipulated by squatters, creating lengthy and costly legal battles for homeowners. The ambiguity surrounding squatting definitions and the extended timeframe required to establish adverse possession claims contribute to the vulnerability of property owners.
The scope of the squatting problem, while relatively rare nationally, has gained increasing attention over the last year. A recent survey by the National Rental Home Council identified Dallas among the cities with the highest incidence of squatter-occupied homes, alongside Atlanta and Orlando. The estimated 475 homes affected in the Dallas-Fort Worth area alone underscore the significant local impact of this issue. The financial and emotional burdens faced by homeowners like Terry Boyette, coupled with the rising number of reported incidents, demonstrate the growing need for legislative intervention. The current legal framework, which can be complex and time-consuming, often leaves property owners feeling helpless and frustrated.
Various stakeholders have voiced their support for legislative reform, highlighting the broader implications of squatting beyond individual property rights. Chris Newton, executive vice president of the Texas Apartment Association, emphasized the threat squatting poses to housing availability, affordability, and community safety. He expressed appreciation for Governor Abbott’s prioritization of the issue and commended Senator Bettencourt and Representative Button for their leadership in pursuing meaningful reforms. These reforms aim to create a more balanced and efficient system that protects both property owners and tenants while discouraging illegal occupation. The streamlining of the eviction process is intended to reduce delays and provide more timely resolutions to squatting disputes.
Similarly, James Quintero, policy director at the Texas Public Policy Foundation, underscored the lengthy and expensive process of removing squatters in Texas, highlighting the detrimental impact on private property ownership. He emphasized the link between squatting and increased crime and public safety threats, further underscoring the urgency of the issue. The proposed legislative changes are intended to address these concerns by providing clearer legal definitions, establishing criminal penalties, and expediting legal proceedings. By clarifying the definition of squatting, increasing penalties, and creating faster paths for eviction, they hope to create a less appealing environment for squatters. The emphasis on community safety within these reforms indicates the importance placed on protecting not only the rights of property owners but also the safety and welfare of surrounding communities.
Looking ahead, the legislative session is poised to tackle this complex issue head-on. Senator Bettencourt’s proposed bill, which aims to define squatting, introduce criminal penalties, and expedite legal proceedings, has garnered widespread support. This proposed legislation seeks to balance the protection of property rights with the need for due process, ensuring that both homeowners and those accused of squatting have their rights respected within a more efficient and just legal framework. The increased focus on criminal penalties is expected to act as a stronger deterrent against squatting, while the streamlined court procedures should provide quicker resolutions for affected property owners. The success of these legislative efforts will hinge on the ability to create legislation that respects individual rights while also addressing the substantial negative consequences of squatting behavior, including economic hardships for homeowners, potential risks to community safety, and diminished trust in the rule of law.
