Latest news with #SB38
Yahoo
24-05-2025
- Politics
- Yahoo
Eviction bill now focuses on squatters in Texas House rewrite
The Texas House on Friday backed away from a legislative proposal that critics said would make it easier for landlords to evict renters. 'I'm celebrating the fact that a significantly worse bill could have passed and didn't,' said Mark Melton, an attorney who leads the Dallas Eviction Advocacy Center. Senate Bill 38's backers said the legislation is meant to help property owners oust squatters who illegally occupy a property. Before the 85-49 vote to preliminarily approve the bill Friday, House members agreed to strip a provision that tenants' advocates warned could oust renters from their home without knowing their landlord filed for eviction or being able to fight the matter in court. Under the change House members made Friday, the expedited eviction process could only be used in bona fide squatting cases. House members pared back some of the more controversial aspects amid pressure from housing advocates and concerns from some lawmakers. SB 38 still makes moves to reduce the meager safety net Texas renters have had in the past, its opponents said. For one, the bill would effectively bar the Texas Supreme Court and Gov. Greg Abbott from tweaking eviction proceedings during an emergency like the COVID-19 pandemic, when they required judges to pause those proceedings to allow tenants to tap emergency rental assistance. SB 38 supporters say existing laws don't adequately help landlords get rid of squatters. Landlord groups like the Texas Apartment Association told lawmakers they've had increased encounters with squatters. Cracking down on squatting is a top priority for the state's top three Republican officials — Gov. Greg Abbott, Lt. Gov. Dan Patrick and House Speaker Dustin Burrows. Chris Newton, who heads the Texas Apartment Association,hailed the bill's passage as 'a significant reform aimed at fixing the state's civil eviction process to prevent unnecessary delay and unlawful occupation of property.' 'The bill seeks to protect both property owners and residents by creating a more efficient path to address clear cases of illegal squatting while maintaining existing renter protections,' Newton said in a statement. The most crucial change came to a part of the bill that initially sought to give landlords ways to evict tenants without going to trial. Under the change House members made Friday, that process could only be used in bona fide squatting cases. Tenants would even get a slight reprieve if they miss a rent payment and had never done so before. The bill still makes changes that chip away at tenants' rights and grant them fewer protections in the future, housing advocates said. Under state law, landlords must give tenants written notice three days before they file for eviction. The bill would relax rules for how landlords may deliver that notice to tenants. The bill also aims to allow a landlord to proceed with an eviction even if federal law would otherwise bar them from doing so, a provision tenants advocates and legal experts said is unconstitutional. 'There is no part of this bill that is good and no part of this bill is needed,' said Ben Martin, research director for Texas Housers, a research and advocacy group. Disclosure: Texas Apartment Association has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here. First round of TribFest speakers announced! Pulitzer Prize-winning columnist Maureen Dowd; U.S. Rep. Tony Gonzales, R-San Antonio; Fort Worth Mayor Mattie Parker; U.S. Sen. Adam Schiff, D-California; and U.S. Rep. Jasmine Crockett, D-Dallas are taking the stage Nov. 13–15 in Austin. Get your tickets today!
Yahoo
24-05-2025
- Politics
- Yahoo
Eviction bill now focuses on squatters in Texas House rewrite
The Texas House on Friday backed away from a legislative proposal that critics said would make it easier for landlords to evict renters. 'I'm celebrating the fact that a significantly worse bill could have passed and didn't,' said Mark Melton, an attorney who leads the Dallas Eviction Advocacy Center. Senate Bill 38's backers said the legislation is meant to help property owners oust squatters who illegally occupy a property. Before the 85-49 vote to preliminarily approve the bill Friday, House members agreed to strip a provision that tenants' advocates warned could oust renters from their home without knowing their landlord filed for eviction or being able to fight the matter in court. Under the change House members made Friday, the expedited eviction process could only be used in bona fide squatting cases. House members pared back some of the more controversial aspects amid pressure from housing advocates and concerns from some lawmakers. SB 38 still makes moves to reduce the meager safety net Texas renters have had in the past, its opponents said. For one, the bill would effectively bar the Texas Supreme Court and Gov. Greg Abbott from tweaking eviction proceedings during an emergency like the COVID-19 pandemic, when they required judges to pause those proceedings to allow tenants to tap emergency rental assistance. SB 38 supporters say existing laws don't adequately help landlords get rid of squatters. Landlord groups like the Texas Apartment Association told lawmakers they've had increased encounters with squatters. Cracking down on squatting is a top priority for the state's top three Republican officials — Gov. Greg Abbott, Lt. Gov. Dan Patrick and House Speaker Dustin Burrows. Chris Newton, who heads the Texas Apartment Association,hailed the bill's passage as 'a significant reform aimed at fixing the state's civil eviction process to prevent unnecessary delay and unlawful occupation of property.' 'The bill seeks to protect both property owners and residents by creating a more efficient path to address clear cases of illegal squatting while maintaining existing renter protections,' Newton said in a statement. The most crucial change came to a part of the bill that initially sought to give landlords ways to evict tenants without going to trial. Under the change House members made Friday, that process could only be used in bona fide squatting cases. Tenants would even get a slight reprieve if they miss a rent payment and had never done so before. The bill still makes changes that chip away at tenants' rights and grant them fewer protections in the future, housing advocates said. Under state law, landlords must give tenants written notice three days before they file for eviction. The bill would relax rules for how landlords may deliver that notice to tenants. The bill also aims to allow a landlord to proceed with an eviction even if federal law would otherwise bar them from doing so, a provision tenants advocates and legal experts said is unconstitutional. 'There is no part of this bill that is good and no part of this bill is needed,' said Ben Martin, research director for Texas Housers, a research and advocacy group. Disclosure: Texas Apartment Association has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here. First round of TribFest speakers announced! Pulitzer Prize-winning columnist Maureen Dowd; U.S. Rep. Tony Gonzales, R-San Antonio; Fort Worth Mayor Mattie Parker; U.S. Sen. Adam Schiff, D-California; and U.S. Rep. Jasmine Crockett, D-Dallas are taking the stage Nov. 13–15 in Austin. Get your tickets today!
Yahoo
23-04-2025
- Politics
- Yahoo
A Texas bill targeting squatters would also hurt renters, leaving some homeless
Texas legislators wanting to get tough on squatters may, in the process, negatively impact some of the millions of legitimate renters in the Lone Star State. More than 11 million Texans are renters. Renters and their families comprise more than 37% of the population. In 2023, approximately 400,000 families, or 3.5% of Texas renters, faced eviction. According to the Eviction Lab at Princeton University, there are approximately 291,290 renter households in Travis County. Of those, approximately 13,384, or 4.6%, were the subject of an eviction filing in the last year. Similar Texas statistics illustrate possible renter peril statewide. Texas rules require that an eviction hearing or trial be held in as little as six days after the tenant is served with a petition. Two bills making their way through the Texas Legislature would cut that time to just four days in an expedited process and allow a landlord to ask a judge to award back rent without evidence of the debt. Proponents of House Bill 32 and its companion bill, SB 38, claim the bills target squatters. The Texas Apartment Association, a trade association of the rental housing industry, maintains the bill would close loopholes exploited by squatters and make removing them easier and less expensive. But squatters are not tenants. They are trespassers — people who occupy dwellings without permission of the owner. The number of Texas squatters is unknown, but according to the National Rental Home Council, in 2024 there were just 475 in the Dallas-Fort-Worth area, or less than 0.1% of occupants in rental housing. Yet the so-called anti-squatters bill would also apply to the 99.9% of people in rental housing who occupy their homes by virtue of a written or oral lease. It would almost certainly increase evictions across the state, cause housing instability and negatively impact tenants' physical and mental health. Current Texas law already provides a fast track for landlords, requiring a tenant to appear before a judge more quickly than in any other type of civil matter. Typical response time in justice courts is 14 days. The law already gives tenants only six to 10 days to respond after being served with the petition, enabling a judge to quickly determine who is entitled to the premises and how much money, if any, a tenant may owe. Reducing response time to four days means a tenant served with eviction papers on a Thursday night would have to respond in writing to the court by the following Monday. Even when alternative housing can be found, tenants who are unable to respond in time are likely to find that the court has entered a judgment for back rent that is just like any other court judgment to collect a debt. We understand Texas landlords face a growing problem with squatters, and we believe the Texas Legislature should explore all available options. Any relief should be targeted to address the harm caused by the 0.1% of occupants of rental housing characterized as squatters. The Legislature could easily limit the bills' expedited process to squatters and even provide more stringent criminal penalties. Regardless of what course the Legislature chooses, it should not come at the expense of the due process rights of 11 million Texas tenants by giving them only four days to respond to an eviction suit. Mary Spector is a law professor and associate dean for experiential learning, and Julie Forrester Rogers is a Provost Faculty Research Fellow and law professor at the Dedman School of Law at SMU. Spector directs the Civil/Consumer Law Clinic and teaches and researches consumer law. Rogers teaches and researches property and real estate law. This article originally appeared on Austin American-Statesman: A Texas bill targeting squatters would ensnare legal renters | Opinion
Yahoo
21-04-2025
- Politics
- Yahoo
Texas anti-squatter bills could mean faster evictions. Here's what renters should know
Texas lawmakers want to prevent squatters from violating tenant rights and landlords' properties. The Texas Senate passed Senate Bill 38, and it's now in the House. Meanwhile, the House introduced its own version of an anti-squatter bill, House Bill 32, that, if passed, would go into effect Jan. 1, 2026. What do these bills say about tenant rights, and are they actually helpful for Texas renters and homeowners? A squatter is a person who occupies an abandoned or unoccupied property without the legal right to do so. Squatters may move into a property for a variety of reasons, such as to find shelter, to avoid paying rent, or to claim ownership of the property. In Texas, squatters can claim what is known as adverse possession, which allows the trespasser to legally claim ownership of a property after a certain amount of time has passed. According to NOLO, adverse possession is a legal principle that enables a trespasser — often a neighbor but occasionally a stranger — to obtain rightful ownership of another person's land. Originating in early British legal traditions, this concept now primarily serves to ensure fairness. It applies when a property owner has neglected or overlooked a piece of land while someone else has continuously occupied, maintained, or utilized it for an extended period. Forcing the long-term occupant to leave under such circumstances could result in undue hardship or injustice. According to the squatter must do the following to claim adverse possession: either occupy the property for three years with a color-of-title lease; live on the property with a deed in their name, pay property taxes and cultivate the land for five consecutive years; or occupy and improve the land for at least ten years. Other requirements also include: There is no valid lease agreement. They must live on the property. The squatter must be physically present on the property as an owner to file a claim for adverse possession. To file an adverse possession claim, the squatter must not share the property with anyone else. They must show that they're openly living on the property and can't share it. The squatter has to live continuously on the property for three to ten years. If the squatter abandoned the property for months or years, they are no longer considered in possession of it and, therefore, cannot file a claim for adverse possession. On April 10, SB 38 passed the Texas Senate with a 21-8 vote. The bill was written by Senator Paul Bettencourt. In a statement, Sen. Bettencourt said the current tenant laws allow squatters to occupy properties through legal loopholes. "The current process is so broken that it punishes the rightful property owners while rewarding trespassers who know how to game the system, Bettencourt said. "In the interim hearing, a homeowner testified a squatter broke into her mesquite home, sold her belongings for pennies on the dollar, and then a JP in Garland, Texas ruled to keep the squatter in her home over the holidays denying her the right to come home for Christmas! You can't make these up, as squatter horror story after horror story was told." Here's what's proposed under SB 38: Establishes a fairer, faster process to remove squatters, requiring courts to act within 10 to 21 days of a property owner's filing, clarifying the delivery method for the Notice of Vacate. Takes out appeals that stall evictions, reinforcing judicial discretion. Confirms that Justice of the Peace courts may set a hearing to motion for summary disposition. HB 32 in Texas introduces significant changes to eviction procedures, particularly affecting tenants. Here are some key points from the bill: The bill streamlines eviction suits, making it easier for landlords to remove unauthorized occupants. It restricts counterclaims in eviction cases, meaning tenants may have fewer legal avenues to challenge evictions. Only the Texas Legislature can modify eviction procedures, preventing local governments from enacting tenant-friendly policies. Landlords must provide at least three days' written notice before filing an eviction suit for nonpayment of rent, unless a different period is specified in a lease. According to a Texas Tribune article in March, legal advocates say HB 32 and SB 38 aim to simplify and expedite the eviction process, potentially enabling landlords to remove tenants with fewer procedural safeguards than currently required. This change may reduce the time tenants have to respond to eviction notices or present their case in court, making it more challenging for them to protect their rights. Mark Melton, an attorney who leads the Dallas Eviction Advocacy Center, said HB 32 is harmful to Texans' rights. "There is nothing lawful or fair about this bill at all," he said. "In fact, it is extremely and obviously unconstitutional.' Adam Swartz, a Dallas County justice of the peace judge said the bills are an exaggeration of what the actual problem is. "This bill seems like trying to kill a mosquito with a shotgun,' he said. Removing a squatter requires a law enforcement officer with a valid court order. According to the Texas State Law Library, if a squatter or tenant on your property fails to make the required rent payments or is intruding on the property, you can initiate the eviction process by serving them with a three-day vacate notice. If the three-day period elapses without any resolution, you can escalate the matter by filing an eviction lawsuit with your county's court. Typically, an eviction lawsuit takes approximately 2-3 weeks to reach a conclusion and may take longer if a notice of appeal is filed. You can read more about the process of evictions at In March 2024, Texas Gov. Greg Abbott tweeted that Texans have a right to defend themselves from squatters through the Texas castle doctrine. In Texas, the castle doctrine, a legal principle, grants residents the authority to employ force, even lethal force, in self-defense, the defense of their families, and the protection of their property against intruders or assailants. However, legal experts in Texas have said you can not just shoot a squatter. Geoffrey Corn, a professor at Texas Tech University's School of Law, explained in a Newsweek article that the Texas castle doctrine does not justify violence. 'Now, if I came home unaware someone had invaded my home, confronted that individual and demanded they leave, and was then attacked with deadly force, I would then be justified in defending myself with deadly force,' he said. 'But if I knew a squatter was in my home, and then attacked that individual with deadly force, my response would be excessive and the castle doctrine would not change that." This article originally appeared on Austin American-Statesman: What the proposed Texas anti-squatter bills mean for landlords
CBS News
18-04-2025
- Politics
- CBS News
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 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." 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: 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. 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. The shortest timeline for an eviction is typically 30 days , but the process can take much longer than that.
