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: if the tenant had not been late or delinquent with rent before the month the notice is given, your notice must offer the tenant the choice to pay the rent due or vacate — the traditional vacate-only notice is now reserved for tenants who were late before that month. The justice courts also issued new official forms to match.

The pay-or-vacate rule

Under amended §24.005(a), if the tenant had not been late with rent before the month of the notice, a notice that only demands possession is defective — it must demand the rent or possession, with a deadline of at least 3 days (unless your lease sets a different 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.

Summary disposition, service deadlines, and appeals

SB 38 also added summary disposition: the landlord may file a sworn motion, the tenant has 4 days after service to respond, and judgment may be entered without trial (§24.005106). The constable must serve the citation within 5 business days and the writ within 5 business days of issuance, after which another trained officer may serve it (§24.0051(f), §24.0061(b-1)). The 5-day appeal window remains, but the tenant must now swear to a meritorious defense and the county court must hold trial within 21 days (§24.005107); in any residential eviction appeal the tenant pays the rent set in the judgment into the court registry (§24.0053).

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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, if the tenant was late or delinquent with rent before the month the notice is given (§24.005(a)), 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.

Primary sources: SB 38 bill history · Tex. Prop. Code §24.005 · TJCTC forms

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Legal information, not legal advice. LandLawKit is not a law firm. For advice about your specific situation, consult a Texas attorney.