Fight against squatters could bring faster evictions for all Texas renters
The fight against squatters in Texas could soon affect every renter in the state. Lawmakers are considering SB 38, the so-called squatters bill, which would allow landlords to evict someone without a trial in as little as 10 days.
State Sen. Paul Bettencourt, the bill's author, said squatters don't have rights. He points to a case in Mesquite as an example.
The Mesquite squatter
The homeowner, Terri Boyette, said her handyman moved in while she was out of town and took over the home. When she called the police, Boyette said she was told it was a civil matter.
"I'm trying to live the American dream and somebody can walk in and destroy everything I have," Boyette said.
Bettencourt said his legislation is aimed at getting squatters out in less time, but critics say it will have devastating consequences for legitimate renters and could lead to increased homelessness.
Dallas eviction attorney Mark Melton testified against the bill in Austin, calling it "extremely and obviously unconstitutional."
Would all renters be at risk?
Melton told lawmakers he believes the squatter issue has been overblown to make it possible to shorten evictions for all tenants.
"You could evict a tenant in 10 days without a trial? How is there due process in that?" Melton asked.
Lawmakers on the House Judiciary & Civil Jurisprudence committee pushed back on his comments.
"I don't want people to be kicked out on the streets - no one does," said state rep. Jeff Leach. "But to allow someone to go months and months and months and months without paying rent? To continue to be able to stay there on procedural grounds seems to me to be patently unfair and wrong."
According to the current version of SB 38:
- Courts would be required to act within 10 to 21 days of a property owner's filing
- Judges would have discretion to "crack down" on "frivolous" appeals
- JP courts could hear a motion for summary disposition, meaning a renter could be evicted without appearing in court
Making squatting a crime
Another bill, SB 1333, would make squatting a crime, meaning property owners could get police involved and avoid the eviction process altogether. The author, state senator Bryan Hughes, said the legislation is more narrowly tailored to address the squatting issue.
"This bill would draw a distinction between folks who have overstayed their leases and not paid rent, and then those who just show up and occupy property without any legal basis whatever," said Hughes.
One Dallas eviction lasted 18 months
The debate in Austin happened as an extreme eviction case played out in Dallas.
It involved a couple living in a unit of a small apartment building on Gaston Avenue in east Dallas. The family that owned the property planned to sell the property, but could not go through with the sale until it was vacant.
The family filed the first eviction case against Aries Mitchell in September of 2023. Mitchell and her husband, Robert Mullins, won the first case on a technical issue. The family then filed more cases, which the couple appealed, putting the parties in multiple legal battles.
Mitchell and Mullins said they used to pay weekly, until the landlord stopped taking partial payments. Now she admits, the court filings are just a way to buy them more time in the apartment.
"If I had money to go, I'd go," Mitchell said. "I do not want to be here. I'm only here because I don't have nowhere else to go."
Mitchell had successfully appealed one of the eviction cases all the way up to the 5th Court of Appeals. Once that court set a hearing for April 29, the couple assumed that meant they were allowed to stay in the unit until at least that date. However, a separate case was still playing out in a Dallas County courtroom.
"These tenants were always one step ahead," said Terry McAuley, a member of the family that owns the building. "They're up there reading books, following, like, 'what's another loophole? How can we continue staying in here for free?'"
McAuley's sister, Kelly Medlock, echoed her frustrations.
"They keep going to court appealing... and they keep getting granted," Medlock said.
Last month a judge granted a writ of possession to the family. Twelve days later, the constable's office oversaw the eviction and Mitchell and Mullins were left sitting on the stoop with their belongings piled on the sidewalk, bringing an end to the 18-month fight.
How evictions currently work in Texas
The shortest timeline for an eviction is typically 30 days, but the process can take much longer than that.
- Step 1: Written notice to vacate. Unless the lease agreement says otherwise, the landlord must give the tenant at least three days to move out. They cannot file an eviction suit before they give this notice in writing. The federal CARES Act requires a 30-day notice in certain evictions where the property participates in certain federal programs or the property owner has a federally-backed mortgage.
- Step 2: Filing of eviction suit. The eviction hearing cannot take place for at least 10 days after the petition is filed.
- Step 3: Judgment. Once a judgment has been issued, no further action can take place for five days. This time gives the parties the opportunity to appeal.
- Step 4 (optional): Appeal. If the tenant files an appeal, the hearing cannot take place for at least 8 days.
- Step 5: Writ of Possession. Once there is a final judgment, the landlord can ask the judge for a writ of possession. The constable must post a 24-hour notice before "executing the writ" and removing the tenant's property from the rental.
