Texas Homeowners Warned About Using Force Against Squatters

Texans have been warned by legal experts not to heed Governor Greg Abbott's remarks that the state's castle doctrine allows them to use force against squatters.

"In Texas, anyone 'squatting' in your home is breaking the law," Abbott wrote on X, formerly Twitter, on Friday, adding that squatters were violating state laws including criminal trespass.

He said that "the Texas Castle Doctrine empowers Texans to use force to defend themselves & their property."

His post came as recent reports of confrontations between homeowners and squatters—individuals unlawfully occupying their properties—have generated debate across the country and prompted action from lawmakers in some states.

Texas is among many states that have some version of a "castle doctrine," either by law or court precedent, that states residents do not have a duty to retreat when threatened in their homes, but can respond with physical force.

But "saying you can shoot a squatter would be a gross overstatement," Jeremy Rosenthal, a founding partner of Rosenthal Kalabus & Therrian, based in McKinney, Texas, told Newsweek.

He said: "You can't use deadly force against a 'squatter' unless that squatter was using unlawful deadly force or trying to commit a crime such as kidnapping, murder or sexual assault."

Geoffrey Corn, a professor of criminal law at Texas Tech University's School of Law, explained that the castle doctrine "is a qualification to the traditional requirement to retreat when it is safe to do so before resorting to deadly force in self-defense."

But "you cannot self-generate that threat, meaning you forfeit the right of self-defense if you initiate the unlawful aggression," Corn told Newsweek.

"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.

"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."

Newsweek has contacted Abbott's office for comment via email.

In Florida, Governor Ron DeSantis signed legislation last week that will make it easier to levy criminal penalties on alleged squatters.

The law, which goes into effect in July, allows homeowners to request police to immediately arrest squatters if they are on their property illegally and criminally charge any trespasser with a felony if they intentionally cause $1,000 or more in damages and a misdemeanor for falsifying a lease.

On Monday, White House Press Secretary Karine Jean-Pierre said that squatting was a "local issue" and that it is "critical that local governments take action to address it."

"My understanding is that this is obviously a local issue," she said.

"We are certainly tracking that issue. The rights of property owners and renters must be protected, and we believe that ultimately, what needs to happen, is that local government needs to make sure that they address this and they take action."