Lester Langdon here.  In the past, several of my clients have had problems with squatters.  Here is a recent article from the Fort Worth Star Telegram, written by Tiffani Jackson

Here’s what Texas’ new squatter laws mean for landlords, tenants and homeowners

It’s a nightmare scenario for homeowners — discovering that someone has taken up residence in your property without permission, and finding out the process to remove them is anything but simple.

Lawmakers say squatting has become a growing problem in Texas, frustrating property owners and leaving law enforcement with limited options.

To address it, Gov. Greg Abbott signed two new laws this summer that make it easier to clear squatters from private property and add tougher penalties for fraud and trespassing. “Texas is facing a squatting crisis, with property owners struggling to evict delinquent tenants or remove people who were never supposed to be on their property in the first place,” Abbott said in a news release. Critics, however, warn the measures could blur the line between squatters and struggling tenants behind on rent. Whether you’re a landlord, homeowner or tenant, here’s what to know about how the new laws work.

Who is considered a squatter under Texas law? A squatter is someone who occupies property without permission, such as an abandoned home or a residence where they were never granted a lease. Unlike guests who overstay their welcome and may be considered tenants, squatters generally have no lease or rental agreement to protect them. Texas law has long recognized “adverse possession,” which allows someone to claim ownership after occupying land for years under strict conditions, but that process is rare. The more pressing issue for most homeowners is how to quickly remove someone who moves in without consent and refuses to leave. How does the new law change the process?

Senate Bill 1333 creates a new legal tool for homeowners: filing a sworn affidavit with the sheriff to request immediate removal of squatters. This bypasses the drawn-out eviction process that usually applies to tenants. The law also ramps up penalties for squatting-related fraud, making it a misdemeanor to present fake deeds and a felony to sell, lease or rent property using fraudulent documents. Property damage caused while trespassing now carries heavier criminal charges, with damage over $1,000 potentially prosecuted as a second-degree felony.

Importantly, the expedited removal process does not apply to family members or current/former tenants, it’s focused on unauthorized occupants only. What protections exist if someone is wrongfully removed? Lawmakers built in safeguards for people who are mistakenly evicted under the new process. I

If an individual can prove they were wrongfully removed, they can sue the property owner for damages. That includes actual losses, exemplary damages, attorney’s fees, court costs and up to three times the fair market rent of the property. These protections aim to balance property owners’ rights with due process for legitimate occupants.

How does the law affect evictions in Texas? Senate Bill 38 targets the court side of eviction proceedings, requiring justice courts to hear cases faster — within 10 to 21 days of filing. It also allows courts to issue summary judgments in clear squatting cases, speeding up removal when the facts are straightforward. The law clarifies how landlords must serve notices to avoid disputes over whether squatters were properly informed. Justice courts are limited to ruling only on possession of the property, not title disputes or broader claims, which keeps cases narrowly focused. The bill also prevents local courts or agencies from altering eviction rules, creating consistency statewide.

When do the new laws take effect? SB 1333 took effect on Sept. 1, 2025. SB 38 will go into effect on Jan. 1, 2026. Both were passed during the 89th Texas Legislative Session and signed by Gov. Abbott, who said they will give homeowners “an efficient means of evicting squatters from their property.” While squatting cases remain relatively rare, supporters say the laws provide much-needed clarity and faster remedies for property owners.

When do the new laws take effect? SB 1333 took effect on Sept. 1, 2025. SB 38 will go into effect on Jan. 1, 2026. Both were passed during the 89th Texas Legislative Session and signed by Gov. Abbott, who said they will give homeowners “an efficient means of evicting squatters from their property.” While squatting cases remain relatively rare, supporters say the laws provide much-needed clarity and faster remedies for property owners.

Spotting Signs of Fraud

Overview:

This briefing document summarizes the key themes and important information presented in the PetScreening article “Spotting the Signs of ESA Fraud.” The article addresses the increasing trend of individuals attempting to fraudulently pass off their pets as assistance animals (Emotional Support Animals – ESAs) to avoid pet fees and restrictions in rental housing. It highlights the importance of a thorough review process for accommodation requests, outlines potential red flags indicative of fraud, and clarifies the legal distinctions between pets, service animals, and support animals under HUD guidelines.

Main Themes and Important Ideas:

Conclusion:

The PetScreening article underscores the growing challenge of ESA fraud in rental housing. It emphasizes the necessity of a rigorous and consistent review process for all assistance animal accommodation requests. By understanding the differences between pets, service animals, and support animals, being aware of potential red flags, and recognizing their rights in the review process, housing providers can better identify and address fraudulent claims while ensuring they comply with Fair Housing regulations for legitimate assistance animals. Utilizing third-party verification services can further enhance efficiency and reduce the burden on onsite staff.

https://www.petscreening.com/blog/spotting-the-signs-of-esa-fraud

The World Has Become Complicated

Five broker skill sets which effect buyers and sellers

People skills –  Ask questions and listen.

If they sound like you know everything, it is probably not true and they  have a confidence problem. 

We have to learn by their mistakes, so arguments may not help. A seller overpriced her property, after I had suggested a lower range. She does not need the money. She increased the price by 25%. Six months later she got down to the top of the price range and one year later it is now priced to sell. She paid property taxes and mortgage payments on a vacant property for one year.  The most important question to ask is …. “When do you want the money?”

Most likely, I will let you learn by your mistake  My two most recent property seller’s did not listen to my suggested asking price.  They both increased the asking price to be 10 % higher than the original starting ask price.

Then later then reduced the ask price, then again reduced the price a third time.  They wasted 6 months of property taxes and maintenance and made the marketing time appear to be stale.

Sellers have to get through the emotional stages to have realizations to reduce the price.  All of us often learn by experience.  It would be nice to listen to experts with more experience.

A client should  know, like and trust their agent otherwise the client thinks every problem is created by the agent.

Ultimately, The market is right.

Most importantly, “I don’t always know.” I must admit that sometimes it is hard to determine value, especially on unique properties.

You can Not use the county appraisal district value.  That is why owner tax payers hire property tax consultants.

Here is a list of 24 people that may be involved. Not all of them in each deal.

·      Buyer

·      Seller

·      Buyer agent

·      Seller agent

·      Title company

·      Building inspector

·      Bug inspector

·      Mold inspector

·      Environmental consultant

·      Hydrostatic plumbing inspector

·      City inspector

·      Utility company

·      Surveyor

·      1031 Tax Deferred Exchange 3rd party Intermediary

·      Commercial mortgage broker

·      Residential mortgage broker

·      Property Manager

·      Real Estate attorney

·      Insurance agent

·      Residential appraiser

·      Commercial appraiser

·      Residential lender

·      Owner Association

·      Sometimes a locksmith

Laws, Taxes, Trusts, Legal entities –

The world has changed from 25 years ago.  I feel like a target. Wish I had gotten a law degree to have more and cheaper ammunition. 

The real estate residential transaction contracts were 5 pages and are now 9 pages plus 3 addendums with 6 additional pages.

The commercial contract is 14 pages plus may 6 additional pages of addendums and amendments…… And each year, the addendums and amendments are changed. The brokerage firms now have added their own docs for their client to sign and for my clients to sign. Some have added an additional seller disclosure document and a final buyer home walk through acknowledgement.

I am not supposed to give a legal opinion about any documents which are not promulgated by the Texas Real Estate Commission, but often will discuss those docs and disclose I am not an attorney

Do you understand the different types of written contracts and the different parts of each contract.

There are more than 150 legal contract forms to understand PLUS

Plus recently the Managers of brokerage forms are requesting the completion of their own broker forms ….. such as a second additional Seller Disclosure form for buyer to sign and a Buyer Home Walk Through form to be signed before closing.

Plus Lenders are now requiring their own loan disclosure own forms to be signed by borrowers and sometimes by sellers before closing … such property financial disclosures and environmental disclosure questionaires.

Where are the red flags? How do you avoid the hidden snakes in the contract?  Should you check the sales contract box which requires that the property appraise for a specific amount …..  when we know that a unique property has no comparable sales in last 6 months.

Here is a list of government entities and governmental regulation concerns.

Who has to sign for (without a phone call to a lawyer) —  LLCs, tenants in common, divorce, “Durable Statutory Power of Attorney” is not like other power of attorney?

What is the difference on the sales contract … between a general warranty deed and a special warranty deed? Does not matter if you buy title insurance?

Institutions

It is common for lenders to NOT be sensitive to the closing date in the contract.

Typically, one week before closing,  the clerk reviews the contract to know that the buyer meets all the policies of the lender, then asks questions or wants more documents, which must be requested through the broker and then communicated to the other broker and then secured from the buyer or the seller. 

Then those additional last minute docs must be reviewed by the lender clerk.

Then the file in finally reviewed the supervisor of the clerk who may ask more questions or for more paper from buyers or sellers … and the Last week before closing is gone and past. 

Do we need to ask written permission of the seller to extend the closing date? 

Did the seller have a backup contract at a higher price, which will automatically become active if the closing date on your contract is missed …. Making the buyer contract to breach and thus the buyer automatically lose the property and lose all the buyer acquisition costs and earnest money.  

There is language which we can put in the initial contract which will help us plan for this anguish and allow the buyer to automatically extend the closing date, without asking for the written permission of the seller.  Seldom do buyer agents know how to do this.

This is especially true of large out of state lenders.  Do you know the city and state of the lender headquarters?

How can we add language to automatically extend the closing, without asking written permission from the seller?

Does the contract for a single family residence have word to credit the buyer with the lease deposits for which belong to the tenant? And the prorated rent if the close the sale during the middle of the month?

Texas is a Non-disclosure state (like 7 others) which means that buyers do not have to tell the government or the appraisal district how much they paid to buyer the property.

Therefore what language do we add to the purchase contract to prevent the seller and seller broker from disclosing to anyone except the IRS and their accountant. To stop the seller’s broker from disclosing to an online database that is also subscribed to by the county appraisal district. 

This may save the buyer thousands of dollars of future property taxes.  I frequently add this language to buyer contracts

No other buyer broker has ever (in 25 years) added this language to any of their buyer contract when I have represented the seller.

Knowledge of Real Estate –

 Appraisal Theory – comparable, replacement, financial income approach

Can you determine the Net Income of a property and the value of an income producing property ….. if you do not have the financial info from the seller?

Can you determine the future value of a property …. In advance of you spending repair dollars to increase the rents?

Good brokers have a password key to property databases and know how to use it.

Are the online properties propagated to other online publications? Where?

Often I meet agents that do not understand how to use plat maps, which help find property dimensions and can give clues about easements, alleys, and landlocked land parcels.

Know the different types of land surveys and how to read a land survey.  With a magnifying glass, date, copyright, expectation of title insurance company. Where do you get the Metes and Bounds?

Can you read a title insurance commitment? Where are the red flags? Do you know where to find title insurance exceptions on the title commitment. How do you have those exceptions omitted from the insurance?

Technology –

New Trends – Wholesalers, internet Buyers (why do they exist?)

How does this effect you as a buyer or seller?

Your agent and broker must have these skills, because it effects the life of buyers and sellers.  It determines how legal contracts are written.

Each of us is different and all of us have a special situation.

Some real estate brokerage firms teach agents how to make a listing presentation to prospective seller clients.  I am NOT one of those brokers.  We should just have a conversation. You will then know who to hire by our questions and answers

Hopefully now you can better understand the questions to ask a prospective broker.

Go to our Website at Houstonius.com to listen to our weekly podcast entitle “Snakes, Landmines and Grass Fires” or watch our shorts videos when we Rant and Whine about real estate nightmares.

Or phone us at 2812368189

We reveal the Not Obvious Pitfalls of Real Estate.

There are often unusual or unexpected problems.

What are the underlying main issues?

You should ask revealing questions and find the true answers.

Who, What, Where, When and How ??

We know what to do and we enjoy helping people.

·       Phone us to discuss real estate at 281 236 8189

·       Go to our website at Houstonius .com 

·       Listen to our weekly podcast “Snakes, Landmines and Grass Fires”

·       Find our YouTube channel “Houstonius”

You have the option to attend and show the space yourself and meet possible prospective tenants.

Includes up to 23 photos of interior and exterior.

We use promulgated forms approved by the Texas Assn. of Realtors.

We offer digital electronic signatures and online tenant applications and background checks.

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