At a Glance
- Senate Bill 38 takes effect Jan 1, modernizing how eviction notices are served.
- Landlords can now post notices in any conspicuous spot or send them by email.
- Judges may grant summary dispositions in clear squatters cases, skipping trial.
- Renters receive a 72-hour cure window after a first missed payment before eviction.
Why it matters: The changes streamline evictions while giving tenants a brief chance to correct a late rent.
Texas lawmakers have rolled out a sweeping tenant-landlord overhaul that will hit the streets on New Year’s Day. Senate Bill 38 changes how eviction notices are served, speeds up court decisions in squatters cases, and gives renters a brief window to fix a missed payment before an eviction can be pursued.
Notice Delivery Changes
Prior to the new law, eviction notices had to be delivered in person or mailed, or affixed inside the main entry door if no one over 16 was present. The Texas Apartment Association (TAA) argued that many technicalities caused landlords to lose cases. Sandy Hoy, TAA Vice President, said:
> “Ultimately, the question for the court (in an eviction proceeding) is ‘who has the superior right of possession?’ How the notice was delivered is a question, but it needs to be modernized, which is what the bill did.”
The bill allows a notice to be posted in any conspicuous place within the unit and, if both parties agree, sent by email. Mark Melton, attorney for the Dallas Eviction Advocacy Center, explained:
> “It had to be taped to the inside of our door because the legislature thought most people – when the walk in and out of their home – have to walk through the front door and therefore they will definitely see it there.”
Old vs. New Notice Rules
| Old Rule | New Rule |
|---|---|
| Must be delivered in person, by mail, or affixed inside the main entry door | Can be posted in any conspicuous spot or emailed if agreed |
| Strict “gotchas” could invalidate a notice | Simplified process reduces technical invalidations |
Summary Disposition for Squatters
The law introduces a summary disposition that lets a judge rule in favor of a landlord without trial when there are no genuinely disputed facts. This applies to forcible entry and detainer cases, commonly known as squatters. The court gives the defendant up to four days to dispute facts. Sandy Hoy noted:
> “Those cases can now be resolved through paperwork and won’t be dragging on for months.”
New Tenant Protection: Late Payment Cure
Before Senate Bill 38, a landlord could terminate a lease the instant a payment was late, leading to retaliation. The new law gives a tenant up to 72 hours after the first missed payment to cure the delinquency. Melton said:
> “We’ve seen this for years… Instead of accepting the rent when they come in on the second of the month, like they always do, the landlord is mad because they don’t want to have to fix the AC … so they say ‘well, we’ll just get rid of you, we’re going to evict you instead.'”
The statute’s wording is ambiguous. Melton explained:
> “Does that mean the first time you were late with that landlord or any landlord? Over the last 12 months or the last 12 years? It’s unclear and judges will have to figure out what they think it means and how to apply it.”
Key Takeaways
- Senate Bill 38 modernizes eviction notice delivery and adds email options.
- Judges can grant summary dispositions in clear squatters cases, speeding up resolutions.
- Tenants receive a 72-hour cure period after a first late payment before eviction can proceed.
The new law balances landlord efficiency with tenant protection, reshaping how evictions unfold in Texas.
