Texas Eviction Laws in 2026: What Just Changed

Most people have no idea that major eviction laws just changed in Texas. Seriously. On January 1, 2026, a new law called Senate Bill 38 took effect. It made the entire eviction process faster and different than before. If you’re a renter or landlord in Texas, this affects you. Let’s break down exactly what you need to know.

The new rules matter whether you’re about to get evicted or you’re considering evicting someone. Either way, the timeline is tighter now. The court has less time to make a decision. Tenants have less time to respond. Everything moves quicker.

What Is an Eviction, Anyway?

Okay, here’s the thing most people get wrong. An eviction isn’t just when someone gets kicked out of their apartment. It’s actually a legal court case. The fancy term is “forcible detainer” or sometimes “forcible entry and detainer.” Pretty straightforward, right?

In Texas, an eviction happens when a landlord goes to court to prove they have the right to get the property back. That’s literally the only thing the judge decides. The judge doesn’t care about other disputes. The judge just decides: who gets to live there? The goal is for the landlord to get a piece of paper called a “writ of possession.” That’s what actually makes someone leave.

But here’s where things get important. Just because someone won’t pay rent doesn’t mean they instantly get removed. There are multiple steps. Multiple deadlines. Multiple chances for things to go wrong. That’s where Senate Bill 38 comes in.

The Basics: What Triggers an Eviction?

A landlord can start eviction proceedings for different reasons. Non-payment of rent is the most common one. But there are others too. Hold on—let me break down the main causes.

Non-Payment of Rent

This is probably what you’re thinking of. The tenant doesn’t pay. The landlord notices. Boom. That’s grounds for eviction. Here’s what’s interesting: if the tenant paid rent on time the month before, the landlord has to give them a choice. Either pay the overdue rent or move out. This is called “pay or vacate.” The tenant has at least three days to make that choice.

Lease Violations

Breaking the lease is also a reason. This could mean lots of things. Unauthorized guests living there. Pets when the lease says no pets. Criminal activity. Damage to the property beyond normal wear and tear. All of these can start an eviction case.

Holding Over After the Lease Ends

Sometimes the lease expires and the tenant just stays. They don’t leave. They don’t ask permission. Legally, they become a “holdover tenant” or “tenant by sufferance.” The landlord can evict them for this too. The landlord still has to give written notice, though. Usually at least three days.

Not sure what counts? The key is this: the tenant no longer has the legal right to be there. Once that right ends, the landlord can move forward.

The Eviction Process: Step by Step

Alright, this is where Senate Bill 38 changed things. The timeline is faster now. Let me walk you through it.

Step 1: Written Notice to Vacate

Before anything else happens, the landlord must give the tenant written notice. Not a text message. Not a phone call. Written notice. The notice must tell the tenant what’s wrong and how many days they have to fix it or leave.

For most situations, it’s at least three days. But check your lease. Some leases say one day is enough. Special note: if your property has federal funding (like a federally-backed mortgage), the notice period is 30 days. That’s longer. Way longer. So if you’re wondering why your eviction seems slow, that might be why.

Step 2: Filing the Eviction Suit

If the tenant doesn’t move or fix the problem, the landlord files an eviction suit in justice court. This is the local court where the property is located. Not district court. Justice court. That’s the only place this type of case can be filed.

Here’s the important part: the tenant must be served with notice at least six days before trial. This notice comes from a sheriff or constable. They deliver it to the tenant personally or leave it at the property.

Step 3: The Court Hearing

This is where Senate Bill 38 made things very different. The court hearing must now happen within 10 to 21 days of filing. Let me repeat that: 10 to 21 days. Before this change, it could take much longer. For tenants, this is pretty tight. For landlords, this is much faster.

The tenant can show up and defend themselves. They can bring evidence. They can argue they don’t owe rent or didn’t violate the lease. But they have to do it quickly now.

Step 4: The Judgment

If the judge decides the landlord should win, they issue a judgment for possession. The tenant then has five days to appeal or move out. This is still pretty tight.

Here’s something interesting: under the new law, if the tenant wants to appeal, they have to swear under penalty of perjury that their appeal is made in good faith. Not as a delay tactic. Not to buy time. That’s new. The appeals must also be filed within five days and heard within 21 days.

Step 5: The Writ of Possession

After all that, if everything still favors the landlord, the judge issues a “writ of possession.” This is the document that actually lets the landlord remove the tenant. A constable or sheriff enforces it. The tenant and their belongings are physically removed.

Here’s the thing: this writ can’t be issued sooner than five days after judgment. It can’t be executed after 90 days from the judgment (unless the court approves more time for good reason). So there’s still a window, but it’s shorter than before.

What Changed with Senate Bill 38?

Okay, this is important. Senate Bill 38 was supposed to speed up evictions for squatters and unauthorized occupants. But lawmakers watered it down after tenant advocates got involved. So the law is more balanced than originally proposed, but it’s still faster than before.

Faster Court Timelines

The biggest change is the timeline. The judge must rule within 10 to 21 days. Before this law, cases could drag on for months. Now they move quickly. If you’re a tenant, you better be ready. If you’re a landlord, this is good news.

Stricter Appeal Rules

Tenants appealing must now swear their appeal is legitimate. This cuts down on delay tactics. You can’t just appeal to buy yourself extra time. You need a real legal reason.

Electronic Delivery Allowed

The law now allows electronic delivery of eviction notices. That means email works. Text messages might work. This makes things faster but also more confusing. Tenant advocates actually warned about this. They said some renters might not realize they got served.

Conflicting Federal Rules

Here’s something weird. The law seems to override federal guidelines for properties with federal funding. Tenant advocates are concerned about this. But for now, if your property has federal funding, the 30-day notice is still usually required.

Tenant Protections Still in Place

Don’t think the law is all one-sided. Tenants still have rights. Let me explain.

The Three-Day Cure Period

For non-payment cases, tenants still get at least three days to pay rent or move. That’s protected. The landlord can’t skip this step.

Retaliation Protection

This is important. Under Texas Property Code Section 92.331, a landlord can’t retaliate against a tenant for making good-faith complaints about the property. If a tenant complains about needed repairs and then the landlord tries to evict them within six months, the court may assume retaliation. That’s a strong defense.

Right to Respond

Tenants can respond to an eviction in multiple ways. In person. By phone. By email. They don’t have to hire a lawyer. They can represent themselves.

Fair Housing Protections

Evictions based on race, color, national origin, religion, sex, family status, or disability are illegal. Both Texas and federal law protect against this. If an eviction seems discriminatory, that’s a legitimate defense.

Who Determines Jurisdiction?

Here’s a detail that matters. The eviction case must be filed in justice court of the precinct where the property is located. If a landlord files in the wrong precinct, the case gets dismissed. No questions asked. This is actually protection for tenants because they know exactly where to go.

The justice court judge focuses only on one thing: who has the right to possession? Nothing else. Not repairs. Not the condition of the property. Just possession. This keeps the case simple and fast, which is why the new timeline works.

Costs and Fees You Should Know

You’re probably wondering what this costs. Here’s the breakdown.

Court Filing Fees

Filing fees vary by county. In most places, expect to pay between $50 and $150 just to file the case. Some counties cost more.

Constable or Sheriff Fees

Someone has to serve the tenant with paperwork. That costs money. Usually $50 to $150 per service. Sometimes more.

Attorney Fees

If you hire a lawyer, budget for that too. In eviction cases, the lease often allows the winning side to recover attorney fees from the loser. So if you win, the tenant might have to pay your attorney. But if you lose, you pay.

Writ of Possession Enforcement

When the constable or sheriff actually removes the tenant, there’s another fee. Usually $150 to $300. This is on top of everything else.

Adding it all up: you’re probably looking at $300 to $500 minimum. More if you hire an attorney or things get complicated. And remember, the new timeline means this could happen much faster than you expected.

Special Situations That Matter

Some situations have special rules. Let me explain a few.

Foreclosure Situations

When a property is foreclosed on, the new owner might need to evict the existing tenant. Texas law says they have to follow the standard eviction procedure. But if the federal CARES Act applies, the timeline is longer. The new owner has to give at least 30 days’ notice before the writ of possession is executed.

Federal Housing Protections

Properties with federal funding are special. This includes federally-backed mortgages and certain housing programs. These properties still require 30-day notice periods. Even though Senate Bill 38 speeds things up, the federal law overrides that. Don’t skip this step or you’ll violate federal law.

Verbal Leases and Family Members

Here’s something that surprises people. If you let a friend or family member stay with you, you might have accidentally created a legal tenancy. Verbal agreements count. If they won’t leave, you still need formal eviction proceedings. You can’t just change the locks. The law treats them as tenants even though you know them.

What Happens to the Tenant’s Stuff?

This question comes up constantly. When a tenant is evicted, what happens to their furniture and belongings?

Texas law says the constable or sheriff can remove the tenant and their immediate belongings. But there are rules. The landlord usually can’t just throw everything away. Personal belongings often have to be stored or handled carefully. The rules vary by jurisdiction, but the basic idea is that tenants have some right to retrieve their property.

Some landlords use professional movers. Some use storage facilities. The tenant can often collect their belongings within a specific timeframe. Check your local justice court’s rules because they vary.

Can You Stop an Eviction?

Wondering if there’s a way out? Yes and no. It depends.

Pay Rent and Stop It

If the eviction is for non-payment of rent, you might be able to pay in full before trial. But here’s the catch: once the landlord files the lawsuit, you might also owe court costs and fees. Just paying rent might not be enough anymore. And some judges won’t let you just pay and avoid judgment—the case still proceeds.

Find a Genuine Defense

A genuine defense stops an eviction. This could be retaliation (as discussed earlier). It could be discrimination. It could be landlord breach (the landlord didn’t maintain the property). It could be improper notice (the landlord didn’t follow procedure correctly). If you have one of these, mention it in court.

Request a Jury Trial

Believe it or not, you can request a jury trial in eviction cases. This might slow things down, but not by much. Juries can sometimes be more sympathetic than judges to tenant situations. But this is risky. If the case is clear-cut, a jury might side with the landlord faster.

File an Appeal

You can appeal the judgment. But remember the new rules. You have to swear your appeal is legitimate. And it has to be filed within five days. Appeals aren’t delay tactics—they’re serious legal arguments. You need a real reason.

Consequences of Eviction on Your Record

Here’s what most people don’t realize. An eviction doesn’t just disappear after you leave. It becomes public record. Forever. Landlords check. Screening companies report it. Future landlords will see it.

Even if you win the case, some landlords might still see the filing and hesitate to rent to you. It’s not fair, but it happens. Having an eviction on your record makes it harder to rent anywhere. Many landlords use services that flag eviction filings. You might face higher deposits, higher rent, or simple rejection.

This is one reason to take an eviction seriously. It’s not just about leaving an apartment. It’s about your housing future.

What Every Tenant Should Do

Stay with me here. This part matters.

If you get notice to vacate, don’t ignore it. Not even for a day. You have limited time now. Read it carefully. Understand the deadline. If you disagree, consider talking to a lawyer. Even a free consultation can clarify your options.

Document everything. If the property has problems, take photos. Keep records of repair requests. Keep your bank statements showing when you paid rent. These matter if you end up in court.

If you get served with an eviction suit, show up to court. This is non-negotiable. Not showing up is almost always a loss. Show up, tell your side, and let the judge decide.

What Every Landlord Should Know

If you’re thinking about evicting, do it right. One mistake can dismiss your case. The wrong notice period. The wrong court location. Improper service. Any of these kill your case.

Get the notice right. Write it clearly. Include all required information. Serve it correctly. Keep a record of service. A text message doesn’t count—it must be written notice.

File in the correct justice court. This seems obvious, but mistakes happen. The property location determines which court has jurisdiction.

Consider hiring an attorney for your first eviction. The cost is worth it to avoid mistakes. After that, you might handle them yourself, but the first one deserves professional help.

New Rules for Squatters Specifically

Senate Bill 38 was supposed to tackle squatting problems. Squatters are people who occupy property without legal right. No lease. No agreement. Just occupying it.

The law speeds up the process for squatter cases specifically. If someone has no legal right to be there, the timeline can be even faster than standard evictions. The judge might even be able to issue a summary judgment without a full trial in certain cases.

This matters if you own property and someone just moved in uninvited. You don’t have to wait months. The new law recognizes this is a problem and speeds up solutions.

FAQs

Can a landlord evict me without going to court?

Absolutely not. Evicting without a court order is illegal. It’s called “self-help” and it’s against the law. Changing locks, removing belongings, shutting off utilities—all illegal. The landlord must file in court and get a writ of possession from a judge. Only then can law enforcement remove you.

How much notice does a landlord have to give?

For most situations, at least three days. For federal programs, 30 days. The notice must be in writing. It has to explain what’s wrong and give a deadline. Verbal notice doesn’t count. Texting doesn’t count. It must be actual written notice.

What if the notice has errors in it?

Minor errors might not matter. But significant errors could dismiss the case. If the notice has the wrong address or doesn’t explain the violation clearly, you have a defense. Bring this up in court.

Can I be evicted just because the landlord wants me out?

In Texas, yes. If your lease expires and the landlord doesn’t want to renew it, they can evict you for holding over. They still have to give proper notice, but they don’t need a reason. However, they can’t do this for discriminatory reasons or in retaliation for complaints.

What happens after the writ of possession?

A constable or sheriff shows up and removes you and your belongings from the property. You’re not allowed back in. Your access to the property ends. Everything happens quickly. You should be prepared to leave and take your belongings.

Will an eviction ruin my credit?

It depends. The eviction itself isn’t reported to credit bureaus automatically. But if you owe unpaid rent and the landlord reports it as a debt, that damages your credit. Judgments also appear on your record. So yes, it’s bad for your credit, especially if you owe money.

How long does the whole process take now?

Under the new law, the fastest timeline is roughly 3 to 4 weeks from notice to judgment. But if you appeal or have federal protections, it takes longer. The minimum is still probably 4 to 5 weeks when you include the notice period plus court time plus post-judgment waiting periods.

Final Thoughts

Okay, here’s the bottom line. Texas eviction laws just got faster and stricter. Senate Bill 38 changed the game on January 1, 2026. Whether you’re a tenant or landlord, you need to know these rules.

For tenants: Take any eviction notice seriously. The timeline is tight. Respond quickly. Know your rights. If you face retaliation or discrimination, that’s a defense. And please, show up to court.

For landlords: Follow procedure exactly. One mistake kills your case. Give proper notice. File in the right court. Serve correctly. The new law helps you move faster, but only if you do everything right.

The most important thing? Don’t ignore an eviction notice. Not for one day. Your housing future depends on it. And if you’re confused about anything, talk to a lawyer. A quick consultation can save you thousands of dollars and huge headaches.

Now you know the basics. Stay informed, stay safe, and when in doubt, ask a lawyer. They exist for situations exactly like this.