URGENT UPDATE: Texas renters brace for significant changes as Senate Bill 38 is set to take effect on January 1, 2025. This new law, signed by Governor Greg Abbott, aims to bolster property owners’ rights while raising concerns among tenants’ rights advocates about increased challenges in understanding and exercising their rights.
The implications are immediate and serious. Local experts warn that the new legislation could streamline the eviction process, making it faster and potentially more confusing for renters. Shoshana Krieger, project director for Building and Strengthening Tenant Action (BASTA), emphasized that the eviction process in Texas is already swift, with a typical timeline of 21 days from filing to trial. “This can be a very fast process in Texas,” noted Krieger.
Senate Bill 38 retains the 10 to 21 days trial period after a petition is filed but introduces a summary judgment process. This allows landlords to seek court rulings without a trial if no factual disputes exist. Tenants will now have just four days to respond to eviction claims and five days to appeal judgments, while also swearing under threat of perjury that their appeal is made in good faith.
Proponents of the bill, including State Senator Paul Bettencourt (R-Houston), argue it targets unauthorized property users and addresses issues like squatting and non-payment of rent. “We’ve struck the right balance between the property rights of the owners and the needs of the renters,” Bettencourt stated.
However, critics are sounding the alarm about potential due process violations for tenants. Changes to eviction paperwork procedures and the option for electronic delivery of notices could add to the confusion. “Lots of people’s email boxes are full of all sorts of things, so that’s probably an area which will be problematic for tenants,” warned Krieger.
The ramifications of this legislation could be dire. Opponents fear it may exacerbate Texas’ homelessness crisis amidst already weak tenant protections and limited safety nets, placing additional burdens on shelters, food banks, and emergency services. As eviction rates in Travis County trend upward, concerns grow that the streamlined eviction process could lead to escalating numbers in 2026.
Stay tuned for further developments as the implementation date approaches and reactions unfold from both tenants and landlords across Texas. This law is poised to reshape the rental landscape dramatically, and its impact will be felt across communities statewide.
