Texas residents 'cannot use deadly force to remove squatters' despite Greg Abbott's claims
Texans have been warned not to heed the advice of Gov.
Greg Abbott to use force against squatters to remove them from their homes.
The
Texas governor argued on X, the site formerly known as
Twitter, that squatters are effectively violating the law and state legislation allows owners to confront them.
He wrote: "In Texas, anyone 'squatting' in your home is
breaking the law.
"They are criminals violating TX laws like criminal trespass & criminal mischief (Tex. Penal Code 30.05 & 28.03).
"Also, the Texas Castle Doctrine empowers Texans to use force to defend themselves & their property."
Abbott's comments came amid a spike in
reports of confrontations between homeowners and squatters which has sparked a nationwide debate on the rights of owners and illegal tenants.
However, several experts have challenged the Republican's claim, insisting that he is "grossly overstating" what
action homeowners can take.
Texas is one of several U.S. states that abide by a version of the "castle doctrine" that allows residents to defend their homes and properties instead of requiring them to
retreat to avoid a violent confrontation.
But attorney Jeremy Rosenthal noted that "saying you can shoot a squatter would be a gross overstatement."
Speaking to
Newsweek, the Rosenthal Kalabus & Therrian founding partner said: "You can't use deadly force against a 'squatter' unless that
Texas-based criminal law professor Geoffrey Corn also contested Abbott's argument, saying that "you cannot self-generate that threat, meaning you forfeit the right of self-defense if you
initiate the unlawful aggression."
Corn added: "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."
Despite widespread issues with squatting,
White House Press Secretary Karine Jean-Pierre described the problem as a "local issue" and insisted that it is "critical that local governments take action to address it."
Jean-Pierre added: "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."
Regulation of squatters's rights varies from state to state, with illegal tenants acquiring certain rights in Texas after residing inside a property for at least 10 years. In
California, the time frame goes down to five years.
San Antonio real estate lawyer Christopher Hugg conceded squatters have grown more frequent in recent years but insisted it's not a major issue of concern.
Speaking to
New4SA, Hugg said: "They're becoming more common, unfortunately. It's not something to be worried about."
Nohl Bryant, a San Antonio-based attorney, said the main problem manifests in rural communities but there are specific rules squatters must adhere to to claim rights on properties they've occupied.
Bryant said "You can just go steal somebody else's property with malicious intent,
"The initial possession of the property has to be done, essentially, with innocence. Meaning that you don't think anybody else has a right to be there when you enter it. And that you are using it in a way that improves the value of the property."
Let him spend his days in confinement telling his security detail how great and powerful he believes he is. I wish he’d just go away. Vote for the Biden/Harris ticket for a moderate Democrat that can work with everyone but the crazies. Vote Democratic in the lower races so things can return to the Constitution, democracy, a sense of fair play, and liars and lies being rejected not embraced and gleefully spread. Our nation’s enemies are once again striving to influence our elections. Don’t believe or spread misinformation for the sake of the republic. My 2 cents.
