"If a tenant stops paying in January, is the eviction process different under that new Texas bill?"
Owners in Keller, Roanoke, Northlake, Haslet and Flower Mound have been asking some version of that since Senate Bill 38 passed. The short version is yes. For eviction suits filed on or after January 1, 2026, Texas rewrote how notice, service, trial timing and appeals work. You don't need to become a lawyer. You do need a clear picture of what changed so a bad month doesn't become a lost case over a notice mistake.
The Short Answer
SB 38 amends Texas Property Code Chapter 24 and tightens notice delivery, court timelines and appeal rent rules for eviction suits filed on or after January 1, 2026. The goal of the statute is a more consistent statewide process. For owners, that means cleaner paperwork, fewer local-rule surprises and less room for a case to stall. It also means old habits (like taping a notice to the outside of a door) can sink a filing under the new law.
This is general information, not legal advice. Talk with a Texas attorney about your specific situation.
What SB 38 Changes for Notice Before You File
Before you file, you still give written notice. Under the enrolled bill and the amended Property Code, the form of that notice depends on the default:
- First-time rent delinquency that month: The notice must be a "notice to pay rent or vacate."
- Tenant was already late or delinquent before that month: You may use a pay-or-vacate notice or a notice to vacate.
- Non-rent defaults: Use a notice to vacate.
- Default timing: Notice is still at least three days unless the lease contracts for a shorter or longer period (Property Code Section 24.005 as amended).
Late fees and eviction notice are different tools. Both need to match the statute and the lease. If you haven't revisited late-fee language lately, see our post on late fees under Property Code Section 92.019. Primary sources: the Texas Legislature's SB 38 bill summary and the enrolled bill text.
How Notice Can (and Can't) Be Delivered Starting 2026
This is the change that catches DIY landlords. Under the new rules, notice may be delivered by:
- Mail: Including first-class, registered, certified or a delivery service.
- Inside the premises: Delivery to the inside of the home in a conspicuous place.
- Hand delivery: To any resident 16 or older.
- Electronic communication: Email or similar, but only if the parties agreed in writing.
Affixing notice to the outside of the door is no longer allowed under the new law. If your old process was "tape it to the door and photograph it," update the process before you need it. A defective notice is one of the fastest ways to lose time and money on a filing.
Faster, More Consistent Court Timelines
SB 38 also aims to make justice court practice more uniform across Texas:
- Sworn petition: An eviction suit starts with a sworn petition, filed in the justice precinct where the property is located.
- Local rules limited: Courts may not require mediation or pretrial before trial through local rules, and they may not demand petition content beyond the Texas Rules of Civil Procedure.
- Trial window: Trial is not earlier than the 10th day or later than the 21st day after the petition is filed, and not earlier than the 4th day after the tenant is served.
- Postponements: A postponement may not exceed seven days unless the parties agree in writing.
- Service: The sheriff or constable must make a diligent effort to serve by the 5th business day. If that does not happen, the landlord may use another qualified, trained law enforcement officer.
- Authorized agents: Parties in justice court eviction suits may be represented by authorized agents, who do not have to be attorneys.
For owners in Justin, Decatur or Keller, that consistency matters. Your manager or attorney can plan dates with fewer local-rule surprises.
Appeals and Rent During the Appeal
Appeals still move fast, and SB 38 tightens what happens while a case is on appeal:
- Appeal window: Appeal within five days, by bond, cash deposit or a statement of inability. The tenant must affirm the appeal is in good faith, raises a meritorious defense and is not for delay.
- Rent into the registry: During the appeal, the tenant must pay rent into the court registry in all eviction types. The first payment is due by the 5th day after the appeal is filed, then each rental period after that.
- Missed registry rent: Failure to pay allows a writ of possession on request. That step is ministerial under the new framework.
- County court timing: Trial on appeal is not later than the 21st day after the papers are delivered.
- Writ of possession: The sheriff or constable serves by the 5th business day, with an alternate trained law-enforcement option if needed.
From an owner's seat, registry rent is the practical protection. An appeal without ongoing rent used to stretch unpaid months; the statute now makes that harder.
Squatter and Forcible Entry Cases (Briefly)
SB 38 also creates summary disposition without trial for certain forcible entry and detainer (squatter-type) cases. That tool is not for ordinary nonpayment. If you have an unauthorized occupant rather than a nonpaying tenant, talk with counsel early so you use the right track. Only the legislature can modify or suspend eviction procedures, with a limited Texas Supreme Court disaster exception across case types.
The Property Management Angle
Eviction is the last resort. Owners who stay whole prevent the filing:
- Screening before keys: Strong tenant screening still beats the best notice template.
- Documentation: Ledgers, photos, delivery proofs and written electronic-notice consent (when you rely on email) decide early hearings.
- Lease language that matches 2026: Notice periods, delivery methods and late-rent rules should line up with Chapter 24 as amended.
- If we placed the tenant, eviction is free: When Salsberry Property Management & Realty, LLC placed the resident, we handle the eviction at no charge to the owner.
Most of the cost of a failed tenancy is unpaid rent and vacancy, not the filing fee. Process discipline shortens that window.
How We Help DFW Owners Stay Ready
Parker and I bring 22+ years of combined property management experience. We've leased more than 500 homes, average about 12 days on market and have earned 70+ five-star reviews. We handle residential homes only.
Our pricing is simple. Full-service management is an 8% monthly management fee plus a leasing fee of 50% of the first month's rent. If you only need a great tenant placed, Placement Only is 100% of one month's rent. There are no other fees. Our agreements are month-to-month and can be canceled anytime, and if we placed the tenant, we handle the eviction for free. See the details on our pricing page.
If you own a rental in Keller, Roanoke, Northlake, Haslet, Flower Mound, Justin, Decatur or nearby, I'm happy to put together a free, no-obligation rental analysis and walk through how your lease and notice process line up with the 2026 rules. Call (304) 878-8629 anytime, or learn more about our Keller property management, Roanoke property management and Northlake property management services.
