Fight against squatters could bring faster evictions for all Texas renters

By Kelsy Mittauer, Andrea Lucia

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    DALLAS, Texas (KTVT) — 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.

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