Texas renters are facing a new reality: eviction cases are moving faster than ever. Governor Greg Abbott signed Senate Bill 38, which overhauls Chapter 24 of the Texas Property Code, fundamentally changing how quickly landlords can reclaim their properties. The law applies across all 254 counties, from the colonias of the Rio Grande Valley to the apartment complexes of Houston and Dallas.
What the new law means for tenants
Under the previous system, tenants could often stretch out eviction proceedings for months, using procedural delays to buy time. That’s now a thing of the past. Justice courts must schedule the first hearing between 10 and 21 days after the landlord files the petition. That’s a dramatic compression of the timeline, leaving renters with little room to prepare a defense.
Continuances—delays requested by either side—are now capped at seven days, and only if both parties sign a written agreement. Judges no longer have the discretion to grant extensions on their own. This means tenants who need more time to find a new place or gather legal help will have to negotiate directly with their landlord, a power imbalance that often favors the property owner.
Key deadlines to know
- Citation service: Constables must attempt to deliver the eviction citation within 5 business days of receiving court documents.
- Writ of possession: After a final judgment, law enforcement must execute the writ within 5 business days, meaning tenants can be physically removed from the property in less than a week.
- Appeals: Tenants who want to appeal a judgment have only 5 days to file, and the county court must hold a trial within 21 days.
- Answer deadline: Defendants who fail to respond to the citation within 4 days face immediate summary judgment.
- Rent deposits: To pursue an appeal, tenants must deposit ongoing monthly rent into the court registry, a financial hurdle that can be insurmountable for many.
These changes are designed to reduce judicial backlog and make the eviction process more predictable for landlords. But for tenants, especially those in marginalized communities, the speed can be devastating. Losing a home in a matter of weeks—rather than months—leaves little time to secure new housing, move belongings, or find legal representation.
The law also clarifies the distinction between tenants and squatters. Property owners can now expedite the removal of unauthorized occupants without fear of liability for damages during execution. This is a win for landlords who have struggled with squatting, but it also raises concerns about due process for individuals who may have legitimate claims to occupancy.
Municipalities and local courts are prohibited from creating their own mediation rules or ordinances that contradict the state statutes. This centralizes authority under the Texas Judicial Branch, ensuring uniform application of the law. However, it also removes local flexibility that might have allowed for more tenant-friendly practices in certain cities.
Remote hearings are now permitted if both parties agree, a nod to the technological adaptations seen during the pandemic. This could make it easier for tenants to appear without taking time off work, but it also requires access to reliable internet and a device—something not everyone has.
For Latino renters, who make up a significant portion of Texas’s tenant population, these changes could have outsized impacts. Many Latino families live in multi-generational households or rely on informal rental agreements, which are now explicitly covered by the law. The tightened timelines may disproportionately affect those who are already housing insecure.
As the law takes effect, tenant advocacy groups are urging renters to know their rights and act quickly if they receive an eviction notice. Legal aid organizations are bracing for an increase in cases, but with fewer resources to help everyone.
For more on how these changes fit into the broader housing landscape, check out our coverage of California’s new solar access law for renters and Texas SNAP updates. And for a look at how housing issues intersect with politics, see Bobby Pulido’s congressional run.
In the end, the new Texas eviction law is a double-edged sword: it streamlines a broken system, but it does so at the expense of tenant protections. Renters across the state must now navigate a faster, harsher process with fewer safety nets.
