Governor Abbott signs SB 38 into law
If you haven't looked at your eviction paperwork since before this year, you're probably behind. Senate Bill 38 rewrote a big chunk of how evictions work in Texas, and it's already in effect for any case filed since January 1. Notices, timelines, court procedure, even how appeals get handled changed. Here's what you actually need to know, without the legalese.
Where This Law Came From
Senate Bill 38 was passed by the 89th Texas Legislature and signed by Governor Abbott in June 2025. It amends Chapter 24 of the Texas Property Code, the section governing forcible entry and detainer, or eviction, cases, and it prompted the Texas Supreme Court to rewrite Rule 510 of the Texas Rules of Civil Procedure to match. It applies only to eviction suits filed on or after January 1, 2026. Cases filed before that date are still governed by the prior rules.
What Actually Changed
A few provisions carry most of the practical weight. Notices to vacate can now be delivered electronically, by email or a tenant portal, if the lease specifically authorizes it, in addition to the traditional mail, hand delivery, or posting methods, and now commercial delivery services like UPS or FedEx as well. Citations must be served within five business days of filing in most cases. Trials are now set between 10 and 21 days after filing, giving both sides a more predictable timeline than the patchwork that existed before.
Justice courts hearing eviction cases are now limited strictly to the question of possession. Title disputes, damage claims, and counterclaims can no longer be raised in that hearing and must be filed separately in a different court. A new summary disposition process also allows landlords to potentially win a judgment without a full trial in unauthorized-occupancy cases, such as squatters, when there's no genuine factual dispute, though the occupant still gets a short window to respond.
For tenants who appeal, the law tightens the process too: rent generally must be paid into the court registry during an appeal, and appealing tenants must sign a sworn, good-faith affirmation, with a false one treated as perjury.
What Didn't Change
But let's be clear about what this law didn't do, because some of the coverage out there got it wrong. SB 38 didn't touch the three-day minimum notice requirement for a normal residential eviction. Tenants still get written notice, proper service, a hearing, and the right to appeal. None of it applies retroactively to cases filed before January 1, 2026. And federal protections, CARES Act rules, HUD and Section 8 requirements, fair housing law, VAWA, all of that is still fully intact.
Then vs. Now
Before SB 38 | Under SB 38 |
Notice typically required mail, hand delivery, or posting | Electronic delivery allowed if the lease authorizes it |
No standardized trial timeline | Trial set 10 to 21 days after filing |
JP courts sometimes heard broader disputes | JP courts limited strictly to possession |
Unauthorized-occupancy cases required a full trial | Summary disposition available with no genuine dispute |
Appeal process varied by court | Registry rent payment and sworn affirmation required on appeal |
What Landlords Should Do Now
☐ Update notice-to-vacate templates and confirm your lease authorizes electronic delivery if you plan to use it.
☐ Review your process for tracking the 5-business-day service window and the 10-to-21-day trial timeline.
☐ Separate any damage or title claims from a possession-only eviction filing; they now belong in a different court.
☐ Talk to a licensed Texas attorney before relying on the new summary disposition process for a squatter or unauthorized-occupant case.
Where Strago Fits In
Getting the process technically right matters more under a tighter timeline, not less. Strago Properties manages traditional and short-term rentals across College Station, Bryan, and Navasota, with Grimes County also part of our service area, and we stay current on procedural changes like this one so our owners don't have to track it themselves.
Frequently Asked Questions
When did SB 38 take effect?
It applies to eviction suits filed on or after January 1, 2026. Cases filed before that date are handled under the prior rules.
Did SB 38 shorten the notice period before filing an eviction?
No. The three-day minimum written notice to vacate for standard residential evictions is unchanged. What changed is how that notice can be delivered and how the court process moves afterward.
Can a landlord now email an eviction notice to a tenant?
Only if the lease specifically authorizes electronic delivery. Without that written authorization in the lease, traditional delivery methods are still required.
Does Strago handle evictions for owners?
Strago Properties manages traditional and short-term rentals across College Station, Bryan, Navasota, and Grimes County, and stays current on procedural law changes like SB 38 as part of day-to-day management. For an actual eviction filing, we work alongside a licensed Texas attorney, since this isn't legal advice.
This is general information, not legal advice. For guidance specific to a property or situation, consult a licensed Texas attorney. The Strago team is glad to help you think through what this means for your property. Reach out anytime at stragopm.com.
Integrity First. Family Owned. Aggie Built.
Strago Properties | stragopm.com
