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Texas Eviction Law Update (Effective January 1, 2026)

What SB 38 Really Changes—and How Sophisticated Landlords Should Adjust

Effective January 1, 2026, Texas Senate Bill 38 fundamentally reshapes the eviction process for cases filed on or after January 1, 2026. While the statute is often summarized as “faster evictions,” the reality is more nuanced: the process is tighter, less forgiving, and far more procedural—especially for landlords operating at scale.


This article assumes you already understand:

  • Notices to vacate

  • JP-court eviction filings

  • Writs of possession

  • Appeals and supersedeas bonds


What follows is not a beginner’s overview, but a strategic analysis of what actually changed, why it matters, and how landlords should adapt immediately.


1. Applicability: Filing Date Controls Everything


The new law applies only to eviction petitions filed on or after January 1, 2026.

  • Notices served in 2025

  • Defaults that began in 2025

  • Leases executed before 2026


None of that matters if the eviction petition is filed in 2026.Once you file after January 1, the new Chapter 24 rules control.

This creates a bright-line procedural shift, not a gradual transition.


2. Expanded Notice Methods (But Only If You Do It Right)


SB 38 formally expands allowable methods of delivering eviction notices:

  • Personal delivery

  • Mail

  • Electronic notice (if agreed in writing)


Practical impact:

  • Electronic notice is not automatic

  • It must be contractually authorized

  • Your lease language now matters more than ever


Action item: Landlords who fail to update leases to include electronic notice authorization are leaving efficiency on the table and increasing service disputes.


3. Squatter Fast-Track: Summary Judgment Without a Trial


One of the most significant changes is the squatter fast-track mechanism.

If:

  • The occupant has no lease

  • No ownership claim

  • No colorable right to possession

  • And no material factual dispute


The court may resolve the case through summary judgment, eliminating the need for a full trial.


Why this matters:

  • True squatters can be removed faster

  • Manufactured “tenant” defenses are less effective

  • Courts are instructed to focus on possession only


However, this only works if:

  • Your pleadings are clean

  • Your evidence is sworn

  • Your notice and service are flawless


4. Counterclaims Are Out — Possession Only Means Possession Only


Under SB 38, eviction cases are strictly limited to possession.

Tenants may no longer:

  • Inject unrelated claims

  • Delay possession with side litigation

  • Use the eviction court as leverage

This does not eliminate tenant claims—it separates them.


Strategic takeaway:

  • Eviction court is faster and narrower

  • But landlords must still expect parallel litigation in district court if disputes exist

  • Clean files reduce exposure


5. Statewide Uniformity Ends Local Workarounds


Local JP-court variations are explicitly limited.

This matters because:

  • Some counties historically imposed extra steps

  • Others allowed informal continuances

  • Some tolerated sloppy pleadings


SB 38 pushes toward uniform statewide procedure, reducing unpredictability—but increasing the importance of statutory compliance.


6. Accelerated Timelines (With Very Little Flexibility)


Service

  • Must be completed within 5 business days

  • Off-duty officers are permitted


Trial

  • Set 10–21 days after filing


Postponements

  • Maximum of 7 days

  • Requires agreement or statutory grounds


Appeals

  • 21 days

  • Rent must be paid during appeal

  • Failure to pay = loss of possession


Writ of Possession

  • May be executed within 5 days


Bottom line:

The entire eviction lifecycle can realistically compress into 20–45 days, compared to the former 30–60+ day norm.

But the flip side is critical:

There is far less room for error.

Missed deadlines, defective notices, or improper service can derail the process just as quickly as before—sometimes faster.


7. Appeals: Rent Protection Is Real—but Only If Enforced


One of the most landlord-friendly changes is the rent-during-appeal requirement.


Tenants appealing an eviction must:

  • Pay rent into the registry

  • Stay current

  • Or lose possession


This significantly reduces:

  • Strategic appeals

  • “Free rent” delays

  • Weaponized appellate filings


However, landlords must:

  • Monitor registry payments

  • Promptly enforce non-payment

  • Avoid assuming the court will act sua sponte


8. Federal CARES Act Properties Still Have a Catch


SB 38 does not override federal law.

For CARES Act-covered properties:

  • You may file the eviction

  • You may obtain judgment

  • But execution of the writ may still be delayed up to 30 days


This creates a two-track system:

  • Faster state procedure

  • Federal execution constraints


Landlords must identify CARES applicability before filing, not after judgment.


9. Risk Profile: Speed Comes With Compliance Pressure


SB 38 favors landlords who:

  • Use updated lease forms

  • Maintain proper documentation

  • File sworn, precise pleadings

  • Understand service mechanics


It punishes:

  • Sloppy templates

  • Old lease language

  • Assumptions based on pre-2026 practice

  • “We’ve always done it this way” approaches


For sophisticated landlords, this is an opportunity—but only if procedures are tightened.


10. What Landlords Should Do Now


Before January 1, 2026:

  1. Update lease agreements

    • Add electronic notice authorization

    • Clean up possession language

  2. Revise eviction templates

    • Sworn petitions

    • Squatter-specific pleadings

    • Registry enforcement language

  3. Train staff and managers

    • New timelines

    • No counterclaims rule

    • Appeal rent monitoring

  4. Consult counsel for post-January filings

    • Especially for multi-unit portfolios

    • Especially for CARES-covered properties


Final Thought


SB 38 does not merely “speed up evictions.”


It professionalizes them.


Landlords who treat evictions as a technical legal process—rather than a clerical task—will benefit. Those who don’t will find that mistakes now cost more, faster.


If you have questions about how these changes affect your properties, your leases, or your eviction strategy in 2026, consult a Texas eviction attorney before filing, not after.


If you want next steps, I can:

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Just tell me how you want to deploy it.


SOURCES:

•Texas Legislature. (2025). Senate Bill 38 Bill Summary.

•Texas Law Help. (2025, December 17). Eviction Answer Guide.

•Texas Rio Grande Legal Aid. (2025, December 19). Eviction.

•Texas State Law Library. (2025). About Evictions - Landlord/Tenant Law.

•Texas Law Help. (2025, December 17). How to Fill Out the Eviction Answer Form.

•Texas State Law Library. (2025). The Eviction Process - Landlord/Tenant Law.

•Ehrbeck-Malhotra, R. (2025, August 5). Eviction Law Modernized in Texas. National Apartment Association.


LEGAL DISCLAIMER: © 2026 Christopher Meyer Law Firm, PLLC. All Rights Reserved. The information on this video is for general information, entertainment and educational purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney client relationship. Please call (281) 845-2472 if you have any questions about this disclaimer. Christopher Meyer Law Firm, PLLC, Primary Office: 1418 Lake Pointe Pkwy Sugar Land, Texas 77478-3998

 
 
 

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