URGENT UPDATE: Texas renters face significant changes as Senate Bill 38 is poised to reshape tenant rights when it takes effect on January 1, 2025. Signed into law by Governor Greg Abbott, this legislation, pushed by the Texas Apartment Association, aims to bolster property owners’ rights but raises alarms among tenant advocates.
Tenant rights groups warn that the new law will complicate the already swift eviction process in Texas. “The passage of SB 38 will make the eviction process faster,” stated Shoshana Krieger, project director for Building and Strengthening Tenant Action (BASTA). “This can be a very fast process in Texas, with evictions happening in 21 days.”
Under SB 38, the eviction timeline remains unchanged, requiring courts to hold a trial between 10 and 21 days after a petition is filed. However, landlords can now seek a summary judgment, allowing them to bypass a trial if no factual disputes exist. Tenants will only have four days to respond to eviction claims and five days to appeal judgments. Crucially, they must now swear under penalty of perjury that their appeal is made in good faith, not merely as a delay tactic.
Proponents, including State Senator Paul Bettencourt, argue the bill addresses issues related to unauthorized property use and squatting. “We’ve struck the right balance between property rights and renters’ needs,” Bettencourt said, underscoring the need to protect owners from those who exploit the system.
Critics, however, fear the legislation undermines due process for tenants. Changes to eviction paperwork procedures and the introduction of electronic notice delivery could create confusion for renters. “Many people’s email boxes are overwhelmed,” cautioned Krieger, highlighting the potential for crucial eviction notices to be overlooked.
The implications of SB 38 extend beyond individual cases. Opponents warn it could exacerbate Texas’s growing homelessness crisis, straining already limited resources such as shelters and emergency services. With eviction rates in Travis County projected to reach alarming levels as 2025 unfolds, many are concerned that the new eviction process will further escalate these numbers in 2026.
As the law’s implementation date approaches, renters and advocates alike are bracing for what could be a tumultuous shift in Texas’s rental landscape. The urgency surrounding SB 38 calls for immediate attention from both renters and policymakers alike, as its impact will resonate throughout the state for years to come.
Stay tuned for more updates as this story develops, and join the conversation on how SB 38 will affect Texas renters and property owners.
