Owning rentals in Texas often feels routine until the day it suddenly isn’t. One late-paying tenant turns into an eviction, your notice gets picked apart over a minor detail, or an unapproved “occupant” appears and refuses to leave. Then the question isn’t whether you’re right; it’s whether your process is.
The landlords who recover fastest are those with airtight notices, clear timelines, and court-ready documentation. With major Texas landlord-tenant and eviction changes taking effect in 2026, now is the time to update your playbook before a small issue becomes an expensive one.
Key Takeaways:
- SB 38 modernizes and tightens the Texas eviction procedure, with key provisions effective January 1, 2026.
- SB 1333 targets unauthorized occupants and property-fraud schemes with new criminal and enforcement tools, effective September 1, 2025.
- Texas justice-court practice may shift again if the Supreme Court finalizes its proposed rewrite of Rule 510 (evictions).
- Filed proposals, including a security-deposit cap bill, signal areas lawmakers may revisit in future sessions.
SB 38: The 2026 Eviction Procedure Reset
Senate Bill 38 revises Texas Property Code Chapter 24 and tightens eviction practice, with less local variation, clearer deadlines, and a narrower scope for what eviction courts will hear.
File in the correct precinct, every time: SB 38 requires an eviction suit to be brought in the justice precinct where the property is located. If you manage across counties (or outsource filings), add a precinct-mapping step to your intake checklist so the case cannot be filed in the wrong place.
Count days the way the statute tells you to: SB 38 codifies time computation rules, including how weekends and state/federal holidays affect the last day of a period. Calendar errors are a common failure point for landlords; the new language reduces ambiguity but increases the need for disciplined date tracking.
Expect “possession only” in eviction court: SB 38 reinforces that justice courts adjudicate actual possession, may not adjudicate title, and prohibits counterclaims and third-party joinder in eviction suits. That can accelerate possession outcomes, but it also means you should not rely on the eviction case to resolve separate disputes; your eviction packet must clearly establish the essentials.
Move faster on trial readiness: The bill summary indicates courts cannot set a trial earlier than the fourth day after service and generally cannot postpone a trial more than seven days without a written agreement. Treat each filing as if you will be in front of a judge within days: lease, ledger, notices, proof of delivery, and a concise timeline should be ready at filing. Build your workflow around speed, not last-minute scrambles.
Plan for broader appeal-stage rent rules: SB 38 extends rent-during-appeal procedures to appeals of any eviction case and clarifies timelines for registry deposits and disbursement requests. Update your post-judgment checklist so staff know what to request, when, and from which registry.
SB 1333: Unauthorized Occupants and Fraud Get Harder to “Game”
SB 1333 addresses unauthorized occupancy and property-fraud patterns, such as fake listings or false documents used to justify entry or delay removal, by strengthening criminal offenses and emphasizing a pathway for speedier resolution through law enforcement action.
For landlords, the operational message is verification and evidence. Many “squatter” situations begin as gray areas (unapproved roommates, informal sublets, questionable paperwork). The faster you can document who has lawful possession rights, the more confidently you can choose the right remedy.
Practical upgrades to make now:
- Tighten move-in verification: confirm identity, authority to sign, and legitimate payment routing.
- Lockdown occupancy terms: name all occupants and require written approval for additions and subletting.
- Preserve evidence early when fraud is suspected: screenshots, communications, payment instructions, and any documents presented by the occupant.
Procedure Changes May Come from the Courts Too
In 2025, the Texas Supreme Court signaled that eviction procedures may soon look different. The Court gave early approval to proposed updates to the justice-court rules and noted that Rule 510, the main rule governing eviction cases, has been rewritten as a standalone rule while the public weighs in.
Until those changes are finalized, landlords should assume some of the “how-to” details could shift, such as required forms, how paperwork must be delivered, and what courts expect at hearings. Keep your templates and process flexible so you can update quickly.
Watch the Next Session’s Signals
Even bills that don’t become law can be a warning sign of what Texas lawmakers may try again. For example, HB 2901 proposed limiting security deposits to one month’s rent.
Another bill, HB 798, sought to change certain landlord-tenant rights and add civil penalties. These proposals are worth watching because they often return in future sessions, sometimes with stronger support.
The Baseline Still Decides Many Cases
Texas still generally requires at least three days’ written notice to vacate before filing a forcible detainer suit unless the lease sets a different period, and eviction practice is governed by Chapter 24 and Rule 510 procedures. The new laws will not rescue a case with a defective notice, weak proof of delivery, or an inconsistent ledger.
FAQs
- When do the SB 38 eviction changes start?
Key provisions take effect January 1, 2026. - Does SB 38 eliminate the three-day notice to vacate?
No, Texas law still generally requires at least three days’ written notice unless the lease provides otherwise. - Is SB 1333 a replacement for a normal eviction case?
No, it targets unauthorized occupancy and fraudulent conduct, while many possession disputes still proceed under Chapter 24. - What should I update first to get ready for 2026?
Precinct filing checks, notice templates, service documentation, and a standardized court packet your team can assemble quickly.
Prepared Landlords Win in 2026
Texas is making possession disputes more structured and time-sensitive. That shift is important: in 2026, the landlords who succeed will not be the ones who “figure it out as they go,” but the ones who treat compliance like an operating system. That means filing in the right precinct every time, tracking deadlines accurately, serving notices correctly, and walking into court with a clean, organized file that tells a simple story.
When your process is tight, problems resolve faster, costs stay contained, and your cash flow is better protected.
If you want that level of readiness without reinventing your workflow, Red Team Real Estate can help. We turn legal requirements into practical, repeatable systems, lease updates, notice templates, documentation standards, vendor coordination, and court-ready case packets, so you are prepared before an issue escalates.
Contact us for a landlord compliance checkup and process audit built to reduce risk and keep your rentals performing!
Additional Resources:
Dallas Landlord Guide to Security Deposits: Legal Limits, Deductions, and Refund Deadlines
Fort Worth Zoning 2025: ADUs, Parking, Setbacks—Landlord Impacts
