Senate Bill 38: Key Changes to Texas Eviction Law

Eviction Law in Texas – Understanding Senate Bill 38

A Guide to Key Changes in Texas Rental Law

Welcome. This article will provide a detailed look at Senate Bill 38 (SB 38), a significant piece of legislation that is set to change how evictions are handled across Texas. Whether you are a property owner, a renter, or simply an individual interested in the legal framework of rental housing, this information is for you. We will examine the law's purpose, its historical context, and the specific impact it will have on you.

The goal is to provide a clear, comprehensive resource that offers a solid understanding of this new law.

The Purpose of Senate Bill 38: Providing Clarity

To understand why this bill was written, it helps to consider the recent past. Over the last few years, a variety of pandemic-related eviction moratoriums and changes created widespread confusion for both property owners and tenants. The lack of a standardized process left many feeling uncertain about their legal rights and obligations.

Senate Bill 38 was written to address this. Its core purpose is to bring consistency and clarity back to the eviction process. The bill clarifies that only the Texas Legislature has the authority to modify or suspend eviction procedures, which aims to prevent future confusion and ensure a consistent process is followed statewide. This is a thorough update designed to make the legal path from dispute to resolution more predictable and efficient.

A Look at Texas Eviction History

To properly understand the changes, it is helpful to have some context on the existing legal framework. The foundation of Texas eviction law is the Forcible Entry and Detainer statute, primarily codified in Chapter 24 of the Texas Property Code.

This law establishes a legal process for a property owner to regain possession of their property from a person who does not have the legal right to be there, such as a tenant who has violated a lease agreement. These disputes are handled by our local Justice of the Peace (JP) courts because they are designed to be fast and efficient. The court's primary focus is on who has the immediate right to possess the property, not on complex questions of ownership.

Over time, this foundational law has been amended to balance the rights of both parties. For example, laws have been added to protect tenants from discrimination and to prevent retaliation by a property owner if a tenant requests repairs or reports a violation. Each change has contributed to the detailed legal structure we have today.

Eviction Court Case Volume

It's important to recognize that eviction cases are a significant part of the legal system. Obtaining a precise, statewide number can be difficult, but data from various sources provides a clear picture of the scale.

• In a typical pre-pandemic year, Texas often saw around 239,000 eviction cases filed annually.

• Following the expiration of COVID-era relief programs and moratoriums, eviction filings increased significantly, and in some areas, surpassed pre-pandemic levels. In 2022, some estimates place the total number of filings at over 270,000 statewide.

• Major metropolitan areas have a high volume of filings. Dallas County processes nearly 40,000 eviction cases each year, while Houston has seen almost 83,000 filings in a single recent one-year period.

These figures highlight why a clear, fair, and efficient legal process is essential for our state.

Senate Bill 38: New Rules and Procedures

Senate Bill 38 introduces several key changes that will directly affect both property owners and tenants. It is designed to clarify existing procedures, establish new ones, and ensure all parties know what to expect.

1. Filing an Eviction Suit

• Changes to Petitions: The bill standardizes the requirements for a sworn petition to initiate an eviction suit. It outlines specific information that must be included, such as the property owner's contact information, the property address, and the specific grounds for eviction.

• Why It Matters to Property Owners: This change requires meticulousness when preparing and filing the necessary forms. Ensuring the petition is complete and accurate from the start can prevent delays and additional costs. Legal counsel can assist in meeting these new standards.

• Why It Matters to Tenants: A more detailed petition provides a clearer understanding of why the property owner is seeking an eviction, which allows for a more focused and effective response.

• A "Summary Disposition" Option: A significant new element is the introduction of a "summary disposition" process. This allows a court to enter a judgment without a full trial if the tenant fails to file a sworn response that disputes the facts in the property owner's petition.

• Why It Matters to Property Owners: This could be a way to accelerate uncontested eviction cases, saving time and legal fees.

• Why It Matters to Tenants: It is now critical to file a sworn, written response if you plan to contest an eviction. Failing to do so could result in a rapid judgment against you.

2. The Appeal Process

• Changes to Timelines: SB 38 sets a strict five-day deadline for tenants to appeal an eviction judgment.

• Why It Matters to Property Owners: This shortens the appeal window and can help bring a faster resolution to eviction cases.

• Why It Matters to Tenants: If you believe an eviction judgment is unjust, you must act quickly to file your appeal. The law now requires the appealing party to affirm that they have a "meritorious defense," meaning a legitimate, legally supportable reason for the appeal, and that the appeal is not for the sole purpose of delay.

3. Rent Payments During Appeal

• Changes to Rent Obligations: The bill clarifies that if a tenant appeals an eviction, they are still obligated to pay rent into the court registry as it becomes due during the appeal. A key change is that the property owner can now request these funds from the court at any time during the appeal.

• Why It Matters to Property Owners: This can help with cash flow during a potentially lengthy legal process, as you are not required to wait until the final judgment to access the funds you are owed.

• Why It Matters to Tenants: Your responsibility to pay rent continues during an appeal. You must be prepared to make these payments into the court registry to comply with the new law.

4. The Writ of Possession and Personal Property

• Changes to Procedure: SB 38 provides specific, detailed instructions for how a writ of possession (the court order for property recovery) is to be executed. This includes requirements for providing notice and handling a tenant's personal property after removal. The bill also clarifies that a property owner is generally not liable for damages to a tenant's property during the enforcement of a writ, provided the new procedures are followed correctly.

• Why It Matters to Property Owners: These explicit procedures help protect you from potential legal liability and provide a clear framework for working with law enforcement to secure your property.

• Why It Matters to Tenants: Understanding these rules provides clarity on how your personal property will be handled and the timelines for its retrieval.

5. Relocation Assistance

• A New Provision for Municipalities: The bill includes a provision stating that if a local government funds legal aid for tenants in eviction cases, it must also provide an equal amount of funding for relocation assistance for those same tenants.

• Why It Matters to Property Owners: While this does not directly affect the eviction process, it could influence how local governments manage housing-related funding, potentially leading to new programs or fees.

• Why It Matters to Tenants: This provision links legal aid to practical financial support, which could provide crucial assistance if an eviction is finalized.

The Effective Date and Next Steps

Senate Bill 38 will take effect on September 1, 2025. This gives both property owners and tenants time to prepare for the changes.

For Property Owners:

• Review and Update: It is recommended that you work with your attorney to review your current lease agreements and eviction procedures. Ensure everything is in compliance with the new law before the effective date.

• Training: If you have staff who handle evictions, plan to train them on these new requirements.

• Stay Informed: Continue to follow updates from legal professionals and industry associations to ensure you have the most current information.

For Tenants:

• Know Your Rights and Read Your Lease: Understanding these changes is important for protecting your interests. Knowing the new timelines and requirements can be a key advantage. In most cases, simply reading your lease can clear up many misunderstandings. Be sure to keep it handy. 

• Seek Legal Counsel: If you ever face an eviction, it is always advisable to consult with legal aid services or an attorney specializing in tenant law.

Conclusion

Senate Bill 38 is a significant update to Texas property law. It represents a comprehensive effort to create a more transparent, efficient, and structured eviction process for everyone involved. By understanding the historical context and the specific changes introduced by this bill, both property owners and tenants can navigate the rental landscape with greater knowledge and confidence.