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If you own rental property in Texas, the rules changed on January 1, 2026. Senate Bill 38, signed by Governor Abbott in June 2025 and effective for all eviction suits filed on or after January 1, 2026, is the most significant overhaul of Texas eviction law in years. Some of what you’ve read online about S.B. 38 is incomplete or outright wrong — including claims that it dramatically speeds up evictions for ordinary landlords. This post tells you what actually changed, what didn’t, and what it means for you as a landlord.

What Is S.B. 38 and Why Does It Matter?

S.B. 38 was authored by State Sen. Paul Bettencourt (R-Houston) with broad bipartisan support. The bill’s primary driver was a surge in squatting cases across Texas — situations where unauthorized occupants with no lease and no legal right to be on a property were exploiting gaps in the eviction process to stay for weeks or months. The legislature responded by creating faster, more structured procedures and tightening the rules around notices, service, hearings, appeals, and court proceedings. The result is a law that is unambiguously pro-landlord — but one that also raises the bar for procedural compliance. Getting it right matters more now than it did before January 1, 2026.

The 6 Key Changes Under S.B. 38

1. New Eviction Notice Requirements

The new law requires that a tenant who is only delinquent in rent for the current month be first issued a notice to pay or vacate, giving the tenant the option to pay and stay or to vacate. A notice to vacate may only be issued if the tenant is delinquent in at least 2 consecutive months. Previously, a tenant could be issued a notice to vacate as soon as the rent was late.

A caveat to these rules is that the written lease will generally govern the notice requirements. If the lease requires that a tenant be given an opportunity to cure before a notice to vacate is issued, then the landlord must follow the lease.

2. New Summary Disposition Process — But Only for Squatters

This is the most misunderstood provision of S.B. 38. Summary disposition allows a landlord to obtain a judgment without a full eviction hearing — potentially resolving a case in days rather than weeks. However, summary disposition applies only to forcible entry and detainer suits under Texas Property Code §24.001, which covers unauthorized occupants — squatters — who entered the property without permission and have no lease or legal right to be there. It does not apply to standard evictions for nonpayment of rent or lease violations involving a tenant with an existing lease agreement. If your tenant has or had a lease, summary disposition is not available to you. You must follow the standard eviction process.

3. Stricter Service of Citation Requirements

Under S.B. 38, constables are now required to attempt service of the eviction citation within three business days of filing. If the constable cannot complete service within that window, the landlord may use another qualified law enforcement officer to serve the citation. This change is designed to prevent cases from stalling due to slow service, and it tightens the overall timeline from filing to hearing.

4. Standardized Trial Timelines

S.B. 38 codifies that eviction hearings must be set between 10 and 21 days after the suit is filed. A justice of the peace may continue a case for up to seven days without both parties’ consent. Any extension beyond seven days requires written agreement from both parties. This removes the informal scheduling flexibility some courts previously exercised and creates a more uniform, predictable timeline across all Texas JP courts.

As a practical matter, each eviction court can only handle so many cases in a week’s time. If there’s a spike in filings, it is impractical to expect busier courts to be able to consistently adhere to that deadline — especially when justice of the peace courts are notoriously underfunded. You should think of the deadline more as a “goal” rather than a “rule.”

5. Electronic Notice — With Important Conditions

S.B. 38 authorizes landlords to deliver eviction notices electronically. However, electronic delivery is only permitted if the tenant has agreed to it in writing — typically through a lease provision or a signed addendum. You cannot serve electronic notice to a tenant simply because you have their email address. If your lease does not contain an electronic notice provision, you must still deliver the notice to vacate by one of the traditional methods: in person, by mail, or by posting at the property. Review your lease before assuming electronic delivery is an option.

6. Tighter Appeal Rules for Tenants

When a tenant appeals an eviction judgment, S.B. 38 now requires the tenant to swear under penalty of perjury that the appeal is made in good faith and not solely for the purpose of delay. Previosuly, when an eviction was based on nonpayment of rent, the tenant was required to pay rent into the court registry while the appeal was pending. If the eviction was for another reason, the law did not expressly require tenants to pay rent during the appeal process. In cases where the person being evicted was a guest or other person who did not pay rent, the guest had no payment obligation whatsoever during the appeal.

Now, all tenants are required to pay rent during an appeal. If there is an agreed amount of rent due monthly, the tenant must continue paying it into the court registry, but even if there is no lease setting the amount of rent due, the court will determine the amount of “fair market rent” (minimum $250) and that amount must be paid during the appeal process. If a tenant fails to pay rent into the registry during appeal, the landlord may file a motion and the court must issue a writ of possession. These changes significantly reduce the effectiveness of appeals as a delay tactic.

7. Venue Locked to the Precinct Where the Property Is Located

S.B. 38 clarifies that eviction suits must be filed in the justice precinct where the rental property is located. There is no flexibility here. Filing in the wrong precinct — even an adjacent one — results in dismissal. For landlords with properties across multiple counties or precincts, this means knowing exactly which JP court has jurisdiction over each property before you file.

What S.B. 38 Did Not Change

Despite what some headlines suggested, S.B. 38 did not eliminate tenant protections for renters with valid leases. Tenants under active lease agreements retain their right to written notice, proper service, a hearing, and appeal. The notice to vacate requirements — including the three-day minimum — remain in effect for standard residential evictions. S.B. 38 also does not apply to eviction suits filed before January 1, 2026. If your case was filed prior to that date, the prior law governs.

S.B. 1333: The Squatter Removal Law You Also Need to Know

S.B. 38 is often discussed alongside S.B. 1333, a separate law that took effect September 1, 2025. While S.B. 38 overhauled the civil eviction process, S.B. 1333 created a new law enforcement pathway specifically for true squatters — people who have no lease, no legal right to the property, and are not former tenants or family members covered by existing tenant law. Under S.B. 1333, a property owner can file a sworn Affidavit of Unauthorized Occupant with the sheriff or constable, who then verifies ownership and removes the unauthorized occupant without requiring a civil eviction lawsuit. This process does not apply to anyone who is or was a tenant, even under an expired lease. Attempting to use S.B. 1333 against a former tenant is a misuse of the law and could expose you to liability. If there is any lease history with the occupant, you must use the standard eviction process.

In practice, this new provision is not working. If the squatter merely tells the law enforcement officer that he has the owner’s permission to stay there, the officer will turn around and leave. We have yet to see a single squatter removed under the new law.

What This Means for Texas Landlords in 2026

S.B. 38 is good news for landlords — faster timelines, reduced delay tactics, more predictable procedures. But the law also raises the stakes for getting the process right. Tighter deadlines mean less room for error. Venue requirements are now mandatory dismissal triggers. Electronic notice requires written consent you may not have. And summary disposition, despite the headlines, is not available for your typical nonpayment or lease violation case.

The landlords who benefit most from S.B. 38 are the ones who follow the process precisely from the first notice to the final writ. The ones who struggle are those who assume the new law is more forgiving than it actually is.

Let Texas Eviction Team Handle It for You

Texas Eviction Team is an authorized non-attorney eviction agent serving landlords across Austin, San Antonio, Dallas-Fort Worth, and Houston. Under Texas Property Code §24.011, we represent property owners in Justice of the Peace court at a fraction of the cost of hiring an eviction attorney — and we know S.B. 38 inside and out. We handle every step from the notice to vacate through the writ of possession, and if your eviction is denied due to any error on our part, we refile at no additional cost. Call us or start the process online today.