Texas targets squatters

From Texas Public Radio:

A squatter is a person who has illegally occupied another person's property. These people move in while the legal homeowner is away or the home is vacant. It may seem like they are trespassing or causing malicious damage to property, but it is nearly impossible to get the police to remove the squatter. This week, a Texas Senate committee heard testimony on the issue, and senators are vowing to pass a series of new laws to crack down on squatters.

“We are here, quite simply, to take it back,” said Sen. Paul Bettencourt (R-Houston). In his opening speech at the Senate committee hearing, he made it clear that he was on the side of the property owners and that they had neither understanding nor tolerance for squatters.

“Because that's exactly what we're going to do. We're going to draft laws that will take back these properties from squatters who have no legal or moral ownership or other investment in a property,” Bettencourt said.

Bettencourt then presented a compilation of local television news stories – horror stories about the squatter problem.

Each story followed a pattern. A law-abiding, tax-paying homeowner becomes a victim because someone moves into his property. And they won't leave even after the police are called.

And that was the story of the hearing's star witness: Terri Boyette, a Mesquite resident who lost her home due to damage caused by a squatter,

“To this day, 11 months later, I still do not live in my home and have no access to it because of the damage that was done. From the date I hired an attorney, it actually took seven months for me to be able to get the eviction done again because it took a long time to get a court date and he was given an extra 30 days to appeal because it was a holiday and the judge did not want him to be homeless. Even though I was homeless the entire time, I paid utilities, property taxes, water and home insurance, and my mortgage to save my home because it was considered tenant nuisance even though this person had never been a tenant and had broken into my home. Also, I continued to take care of the outside of the house by doing maintenance and landscaping because mesquite would find me if my grass got too long,” she said.

Boyette told the committee that she had lived in her home for over two years but had to spend several weeks in Florida due to family matters. Then the squatter moved in. That was last June and she is still unable to return to her home.

“I found out he was there on June 19th. I called the police and they asked how long he had been there. And I said I've been gone for about two weeks. And they said this was a civil matter. You would have to go to court within the deadline. From the time he got the notice, the first notice, until the court date, he used the time to sell my appliances, my furniture and large items. He left the water running as he ripped out the refrigerator, washer and dryer. So I have water and mold damage in my house on and off and then when he got the extra 30 days he had a garage sale and got rid of all my personal items. Anything that hasn’t been sold is completely covered in dirt and mold,” she told the committee.

Boyette said pursuing the legal process to remove the squatter was not only slow, but also unbalanced – favoring the squatter's rights over the property owner's rights.

“He allowed other people to come into the house and use it as a drug den. So they discovered fentanyl, they discovered heroin. There are needles all over the clothes and all the trash you see there. There is moldy and dirty food, all because I haven't been able to do anything about it. He's going out on the street and I'm $150,000 in debt to replace and repair everything in my house,” Boyette said.

She told the committee that police say squatter situations are civil, not criminal, so there is nothing they can do. Sen. Royce West (D-Dallas) has had difficulty redressing law enforcement inaction.

“When I contacted a detective, he told me I didn't know if a crime had been committed, and I said you have to explain to me how a man can break into my house. Completely destroy it, ruin me financially, and no crime has taken place. No crime. This is absurd,” she said.

“It doesn't make any sense at all. “I'm starting to get a little outraged about this and I want to know from the Mesquite Police Department what they don't understand about the residential burglary law in the state of Texas,” West said.

Boyette said as a homeowner, she was on her own trying to figure out how to reclaim her property. But squatters have plenty of free legal advice and other public resources to help them evade the law.

“When you go to court, the clerk of court stands up and says, 'Here are all these free resources for renters and people in the house, and we're going to have someone waiting outside to help you.' I can't think of anything as a homeowner, what do I do with the police? How do I get to court to do the eviction, deal with insurance, which has been incredibly stressful, and I have no idea what's coming, no idea what's going to happen, and I have no one to respond or kind of say, 'Hey, this is what you need to expect. This is going to happen. But as a homeowner, nobody helps you. Nobody tells you what to expect. Nobody gives you advice, but if you're living in my house illegally, here's free help,” she said.

Yudith Matthews and Abram Mendez, a couple from San Antonio, said their squatter received a letter from the city of San Antonio with instructions and resources.

I just want to share our scary experience with you. We never imagined that someone could take away our right to private property. “It even seemed unrealistic for the squatter to receive more protection assistance and benefits than we did,” Matthews said.

The couple testified that they felt threatened by law enforcement during the trial. When they turned off the water and electricity in the house, they were ordered to turn the power back on or they would be sent to prison.

“The legitimate homeowners and taxpayers…squatters know what they are doing. They know how to exploit outdated laws. When they move in, they get free rent. In our case, he lived in a property for free for over three months, although we were lucky because we were able to get him out sooner than any other homeowner who spends seven months to a year there. If a homeowner out of desperation attempts to remove the squatter on their own, the homeowner will be arrested while the squatter will be protected by the police and laws,” Matthews said.

The committee wants to draft new legislation for passage in the 2025 legislative session – sooner, if Gov. Greg Abbott calls a special session. Lawmakers said they would criminalize squatting, streamline the removal of squatters and “strengthen the rights of property owners.”

Lawmakers acknowledged the need to create protections for property owners that cannot eclipse protections for lawful tenants.

Bettencourt said there will be more hearings on the issue – and he will seek answers as to why Texas cities like San Antonio are not enforcing existing laws.