Real estate investors and homeowners alike know that buying property takes a lot of precious time and a significant financial investment. Maintaining it can be equally tiring and sometimes costly!
But discovering that unauthorized people have moved into your property is exhausting.
Does Texas law support you in this situation?
Property owners in Texas now have significantly stronger legal tools to address unauthorized occupation thanks to new legislation.
Streamlined Eviction Process
Texas has overhauled its eviction procedures to create a more efficient system for removing unauthorized occupants. The new framework clarifies which courts handle these cases and eliminates many of the procedural delays that previously troubled property owners.
Under the updated system, justice courts now have exclusive jurisdiction over possession disputes. The process will be much simpler since there will be no more bouncing between different court systems or dealing with complex procedural challenges that could derail your case. The courts are prohibited from getting sidetracked by property title disputes or allowing defendants to delay cases with third-party claims and counterclaims.
A key improvement is the venue flexibility now available to property owners. While you still must file in the precinct where your property is located, you can now request to transfer your case to an adjacent precinct if you anticipate service problems or trial delays. This practical change addresses the real-world challenges many property owners faced when local courts were backlogged.
Tougher Criminal Penalties for Property Fraud
The most significant change comes in the form of new criminal offenses that target the fraudulent schemes often associated with unauthorized occupation. These are not just civil matters anymore. They are serious crimes with serious consequences.
Presenting fake documents to claim ownership or occupancy rights is now a Class A misdemeanor. This includes fabricated leases, forged deeds, or any fraudulent paperwork designed to establish a false claim to your property. The message is clear — using fake documents to steal someone’s property is a crime, not a civil dispute.
Even more importantly, anyone who knowingly sells, rents, or advertises residential property without legal authority now faces first-degree felony charges. This addresses the sophisticated scams where criminals target both property owners and innocent renters, often advertising properties they do not own and collecting deposits or rent payments.
Enhanced Property Damage Protections
The new laws also strengthen penalties for property damage connected to unauthorized occupation. Tampering with utilities, damaging infrastructure, or interfering with agricultural operations now carry greater criminal penalties, recognizing that unauthorized occupants often cause significant property damage.
What This Means for Property Owners
Faster Resolution: The streamlined court procedures mean you will spend less time waiting for your case to work through the system. Courts can focus on who has the right to possess the property without getting bogged down in other issues.
Criminal Backup: When you are dealing with sophisticated fraud schemes or repeat offenders, you now have criminal law enforcement as an ally, not just civil remedies that can take months to resolve.
Clearer Procedures: The updated notice requirements and procedural timelines provide more certainty about exactly what steps you need to take and when.
Protection from Delays: The new laws also attempt to limit judges’ ability to modify eviction procedures, thereby preventing the process from being unnecessarily slowed.
What legal help will you need?
If you are dealing with unauthorized occupants on your property, document everything carefully and consult with an attorney who understands these new procedures. The law is now clearly on the side of legitimate property owners, but you still need to navigate the process correctly to take advantage of these new protections.
Gaylene Rogers Lonergan
Board Certified Residential and Commercial Real Estate Attorney
Lonergan Law Firm, PLLC
12801 N. Central Expressway, Suite 150, Dallas, Texas 75243
(214) 503-7509
grogers@lonerganlaw.com | LonerganLaw.com
© Gaylene Rogers Lonergan and Lonergan Law Firm, PLLC, 2025. All rights reserved. This article is provided for educational reasons exclusively and is not meant to be construed as legal advice. The Lonergan Law Firm, PLLC, will represent you only after being retained and that agreement is made in writing.
