SB 38: What Changed in Texas Eviction Law on January 1, 2026
Updated 2026-07-01 · Reflects SB 38 (eff. Jan 1, 2026)Senate Bill 38 (89th Legislature) took effect on January 1, 2026 and is the biggest rewrite of Texas eviction procedure in years. The headline change for landlords: for a tenant's first rent delinquency in the period, your notice must offer the tenant the choice to pay the rent due or vacate — the traditional vacate-only notice is now reserved for repeat delinquency. The justice courts also issued new official forms to match.
The pay-or-vacate rule
Under amended §24.005, a first-time nonpayment notice that only demands possession is defective — it must demand the rent or possession, with a deadline of at least 3 days (or your lease's longer period). Practical effect: if the tenant pays in full by the deadline, that delinquency is cured and you don't file. Old notice templates written before 2026 are the single most common compliance failure right now.
New official forms
The Texas Justice Court Training Center issued updated eviction forms for SB 38 — including the revised petition and the new notice formats. If you're using a form you downloaded before 2026, replace it. LandLawKit's Texas library carries the current TJCTC set, checksum-verified against the source.
Streamlined post-judgment process
SB 38 also clarified timelines for issuing writs of possession after judgment and cleaned up procedural ambiguities that tenants' counsel used to attack cases. The 5-day appeal window and the county-court de novo appeal survive unchanged.
Court-ready notices pre-filled with your details — free to start.
Frequently asked questions
Does SB 38 apply to leases signed before 2026?
Yes — it's procedural. Any eviction filed on or after January 1, 2026 follows the new rules regardless of the lease date.
Is a vacate-only notice ever still valid?
Yes, for a repeat rent delinquency in the same period covered by §24.005, and for non-rent grounds like holdover or lease violations where pay-or-vacate doesn't apply.
Do I need new forms?
Yes, if your notice or petition predates 2026. The justice courts' own forms were revised for SB 38.
More Texas guides
- How to Evict a Tenant in Texas (2026 Rules)
- Texas 3-Day Notice to Vacate & Pay-or-Vacate Notice (2026)
- How Much Does an Eviction Cost in Texas? (Verified 2026 County Fees)
- Texas Eviction Timeline: How Long It Takes in 2026
- Texas Security Deposit Rules: The 30-Day Return Deadline
- Texas Late Fees: The 2-Day Grace Period and 10–12% Caps