How to Evict Someone Not on the Lease in Texas

One of the trickiest situations a Dallas-Fort Worth landlord can face has nothing to do with unpaid rent. It's the unauthorized occupant — the boyfriend who moved in six months ago, the cousin sleeping on the couch since spring, the friend-of-a-friend who got a key and never left. They aren't on the lease. You never approved them. And now you want them out.

The good news: Texas law gives landlords a clear path to remove unauthorized occupants. The bad news: that path runs through the Justice of the Peace court — not through a locksmith, a tow truck, or a phone call to the police. This guide walks through exactly how to evict someone who isn't on the lease, what Texas Property Code Chapter 24 actually requires, and where DFW landlords most often go wrong.

Guest vs. Tenant: Why the Distinction Matters

Texas law treats guests and tenants very differently, and the line between them is the single most important concept in an unauthorized-occupant case.

A guest is someone the tenant has invited onto the property temporarily. A guest has no independent right to be there — their right flows entirely through the tenant. When the tenant's lease ends, or when the tenant tells the guest to leave, the guest's right to occupy ends with it.

A tenant is someone with a legal right to possess the property — typically through a written lease, but in Texas a verbal or implied tenancy can also exist when someone pays rent (in cash, services, or even informally) and the landlord knowingly accepts it. Once a person becomes a tenant, you cannot remove them by changing the locks, calling the police, or asking them to leave. You must go through the formal eviction process under Texas Property Code §24.005.

Here's the catch DFW landlords run into constantly: a long-staying "guest" can become a tenant by operation of law. If the unauthorized occupant has been there for months, has received mail at the address, has contributed to rent or utilities, or has otherwise been treated as a resident, a JP court will almost certainly classify them as a tenant — and require you to evict them formally rather than remove them as a trespasser.

When the Police Will (and Won't) Help

Many DFW landlords assume that someone who isn't on the lease is automatically a trespasser the police can remove. That's almost never true.

Dallas, Fort Worth, Plano, Arlington, and surrounding DFW police departments are trained to recognize occupancy disputes and stay out of them. If the person has been sleeping at the property, keeping belongings there, or receiving mail there, officers will tell you it's a civil matter and direct you to the JP court. Calling the police repeatedly will not change that answer.

The narrow exception: a true trespasser — someone who broke in last night, has no belongings on site, and has never been allowed entry by you or your tenant — can be removed by police on a criminal trespass theory. That's not the typical "my tenant's boyfriend won't leave" scenario. For everything else, the legal route is a forcible detainer suit in JP court.

Self-Help Removal Is Still Illegal

Before walking through the right way, here's the wrong way: do not change the locks, shut off utilities, remove belongings, or physically force an unauthorized occupant out. Texas Property Code §92.0081 prohibits these "self-help" removals for any residential occupant — including unauthorized ones — and a tenant or even an unauthorized occupant can sue you for actual damages, statutory damages, and attorney's fees if you try it. For more detail on the legal exposure, see our guide on why self-help evictions are illegal in Texas.

Step-by-Step: Removing an Unauthorized Occupant the Right Way

The procedure depends on whether the lease tenant is still on the property and cooperative.

Scenario 1: The Lease Tenant Is Still There and Cooperative

If your tenant is on the lease and willing to help, the path is short. Most DFW leases prohibit unauthorized occupants beyond a defined guest window (commonly 7-14 days). When that clause is violated, you have a standard lease violation ground for eviction against the tenant — and the unauthorized occupant has to leave as part of the resolution.

Before acting, confirm the person has actually moved in rather than visiting for a few days — signs include receiving mail at the address, keeping belongings there full-time, or being present consistently for weeks. In practice, this usually doesn't require filing suit. A written Notice of Lease Violation (sometimes called a Cure or Quit notice) demanding that the unauthorized person vacate within a set number of days resolves the situation in the majority of cases. The notice should cite the specific occupancy clause in the lease and honor any cure period the lease provides. If the tenant fails to cure, your Notice to Vacate should reference that clause and the tenant's failure to comply after being notified. If the tenant complies, the problem is solved without a court filing. If they don't, the lease-violation eviction proceeds under Texas Property Code §24.005. See our Notice to Vacate service for help preparing a compliant notice.

Scenario 2: The Lease Tenant Has Moved Out and Left Someone Behind

This is the harder — and far more common — DFW scenario. The original tenant moved out (or was evicted) but left a roommate, partner, or guest behind. The remaining occupant is not on the lease, has never paid rent to you, and refuses to leave.

Even though this person has no contract with you, Texas courts treat them as a holdover occupant — and removing them requires the same forcible detainer process as evicting a tenant. Here's the sequence:

Step 1: Serve a Notice to Vacate. Address it to "All Occupants" of the property, in addition to any names you know. Under Texas Property Code §24.005, the default notice period is 3 days for holdover or unauthorized occupants. Deliver it by one of the statutorily approved methods: personal delivery, mail, posting on the inside of the main entry door, or — under the 2026 SB 38 amendments — a commercial carrier like FedEx or UPS. (See our 2026 Texas eviction law update for the full list of approved delivery methods.)

Step 2: File a forcible detainer suit. After the 3-day window expires, file in the JP court precinct where the property is located. The petition should name the unauthorized occupant(s) by name if known, and include "All Other Occupants" to capture anyone whose name you don't have. Filing fees in DFW JP courts run $46-$121 depending on the county.

Step 3: Attend the hearing. JP-court hearings are typically scheduled 10-21 days after filing. At the hearing, you'll need to prove (a) you own or control the property, (b) the occupant has no lease with you, and (c) proper notice was served. Bring your deed or property-management agreement, the lease (showing the unauthorized person isn't on it), and proof of notice delivery.

Step 4: Obtain a judgment for possession. If the judge rules for you, the court issues a judgment for possession. The occupant has 5 days to either vacate or file an appeal.

Step 5: Request a Writ of Possession if needed. If the occupant doesn't leave, request a Writ of Possession. The constable will post a 24-hour notice on the door, then return to supervise the lockout. For Dallas County–specific timelines, see our Dallas County Writ of Possession guide.

Squatters: A Special Case

A squatter — someone occupying a vacant property with no permission from anyone — is technically a trespasser when discovered immediately. If you find someone in a recently vacated unit and you can prove they entered without permission and haven't been there long, a criminal trespass complaint may work.

But once a squatter has been in the property long enough to receive mail, run utilities in their name, or otherwise establish residency, Texas courts treat them as a holdover occupant — and you'll need to file a forcible detainer suit just like in Scenario 2 above. The clock matters: the longer you wait, the harder it is to use the criminal-trespass route.

If you discover a squatter, document the situation immediately (photos, dates, witness statements), call the police that day, and if they decline to act, start the formal eviction process the same week. Delay is the enemy.

Common DFW Mistakes That Sink Unauthorized-Occupant Cases

From handling hundreds of these cases across Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Grayson, and Ellis Counties, here are the mistakes we see most often:

Naming only the lease tenant in the petition. If the unauthorized occupant isn't named (or covered by "All Other Occupants"), the writ of possession may not authorize their removal — and you'll be back at square one.

Accepting partial payment from the unauthorized occupant. Once you take money from them, even informally, you may have created an implied tenancy. Never accept rent, utility payments, or anything of value from someone you're trying to remove.

Skipping the Notice to Vacate. Even though the occupant isn't on a lease, the 3-day notice under §24.005 is mandatory. Filing suit without it gets the case dismissed.

Trying the lockout route first. Self-help removal triggers tenant claims for damages and attorney's fees — and it doesn't actually get the person out, because they can call the police and demand re-entry.

Waiting too long. The longer an unauthorized occupant stays, the more documentation builds up that supports treating them as a tenant. Move fast.

How NTX Eviction Handles Unauthorized-Occupant Cases

Unauthorized-occupant evictions are some of the most procedurally tricky cases in DFW JP courts. The names on the petition, the wording of the Notice to Vacate, and the proof presented at the hearing all have to be exactly right — or the judge will reset or dismiss.

NTX Eviction has handled over 500 DFW evictions, including a steady stream of unauthorized-occupant and holdover cases across all 8 North Texas counties we serve: Dallas, Tarrant, Denton, Collin, Rockwall, Kaufman, Grayson, and Ellis. We prepare the notice, file the suit with the right defendants named, appear at the hearing, and coordinate the writ of possession if needed — all at flat-rate pricing with no hourly billing.

If you have an unauthorized occupant, squatter, or holdover situation at a DFW rental property, call 214-206-4229 or contact us online for a free consultation. We'll tell you exactly which path applies to your facts and what it will cost.

NTX Eviction is an eviction service company, not a law firm, and does not provide legal advice. The information in this article is general in nature and not a substitute for advice from a licensed Texas attorney.