From the 89th RECAP – Eviction Law Overhaul, Squatters, and Landlord Notices

SB 38 - Relating to the eviction from real property.

This is the massive eviction reform law (23-page bill) impacting all evictions in Texas; and will alleviate the strain in the eviction process by providing a more efficient and expedited process to restore a property owner's legal right to possession.

The bill is dense, but we will cover the highpoints here in this summary.

Venue (i.e. where the eviction suit must occur)– eviction suit must be brought in JP court where the property is located

Procedures in Court - Only the legislature can modify or suspend the eviction procedures, with a narrower exception to allow the Texas Supreme Court some emergency authority over “court proceedings affected by a disaster” (this is in response to local courts and TX Supreme Court issuing special rules, citations requirements and other procedures following and persisting after COVID)

But generally, the court petition and rules must follow state law in the Texas Rules of Civil Procedure.

Specifically, local JP courts cannot:

• require special or unique petition content (only that in state law and rules),
• mediation or other pretrial proceedings; or
• dismiss the eviction based on improper petition filing if the filing either complied with state law or can be amended to comply

New Notices and Process - In nonpayment of rent evictions, if the tenant was not previously late or delinquent, then the landlord must give a Notice to Pay Rent or Vacate.

If the tenant was previous late or delinquent in the prior months leading up to the eviction, then the landlord can choose and give either: a Notice to Pay Rent or Vacate or a Notice to Vacate.

If there is a federal law (i.e. the CARES Act) requiring some form of tenant notice, the landlord can go ahead and file for an eviction (start the process prior to the federal timeline) and the eviction process can proceed (concurrently) with the federal timeline so long as the final writ of possession occurs after the federal notice timeline (i.e. under CAREs 30+days)

If a tenant notice calls for the opportunity for the tenant to respond, then the various notices run concurrently (not sequentially)

Notices must be delivered with one of the following methods:

• Mail – first class, registered, certified or normal delivery
• Delivery Inside – inside the premises in a conspicuous place
• Hand Delivery – to a person inside who is 16+ years old
• Electronically – but ONLY if the landlord and tenant have agreed in writing that electronic communication, including e-mail or other electronic means, is acceptable

Summary Disposition – This is a brand new expedited process (in terms of evictions) when there are no fact issues and a judgment can be rendered without a trial, but only under specific conditions and notices.

First, the landlord MUST file with the petition, the citation that must include specific language in English and Spanish on the first page of the citation (see 24.0051(d) for specific language) that a motion of Summary Disposition will occur.

A sheriff, constable or deputy sheriff or constable, shall serve the citation and petition no later the five days after the petition is filed, but if they don’t, then the landlord has the option to get the citation and petition served by a qualified off-duty officer.

Motion by landlord for summary disposition must set out all the supporting facts and documents, and if the evidence shows no disputable facts (i.e. nonpayment of rent that is past due and not paid; or holdover and tenant has not left etc.), then court can issue judgment for landlord without a trial.

But a court CANNOT issue a judgement without trial under the summary disposition if:

No later than the 4th day after the tenant is served, the tenant files a response with the court setting out supporting facts ; AND

Court can accept tenant’s late – after four days- response if response shows there are disputed facts, and a judgement has not yet been issued.

Then the judge determines if there are disputed facts of the case. The JP court can still issue a judgment in favor of the landlord if the tenant does respond, but the tenant’s response does not show any facts in dispute. But If the tenant’s response does show disputed facts, then the court sets a standard eviction trial between 10th and 21st day after petition was filed.

New Timeline of Eviction Trial – the goal of these changes was to bring clarity and uniformity to a statewide process.

First, no trial earlier than 10 days, but not after 21 days after the petition is filed with the court; and no earlier than the fourth day after the tenant was served with the petition.

And a court CANNOT postpone the trial for more than seven days unless both parties agree to postpone in writing.

Appeals to County Court - Either party may appeal the eviction judgment to county court but MUST within five days after the JP judgement is signed:

• Filed a bond,
• Make a cash deposit, or
• Provide an inability to pay statement

If the tenant files for an appeal the tenant must affirm, and if they lie then it is perjury, that the tenant has a good faith belief they have a meritorious defense and the appeal is not for the purpose of delay.

An appeal is perfected only after a bond, cash, or statement of inability to pay is filed with the court (but must be within five days of the JP judgement being signed)

JP court must send transcripts and court papers to County Court (not a de novo trail, meaning not a brand new trial, the County Court will take into account the record in the JP court, but will de novo determine any remaining issues like rent or attorney’s fees).

County Court will hold an appeal trial no later than the 21st day after the date the transcript and court papers are delivered. JP court has between six (no earlier) - 10 (no later) days to send transcripts and papers

Tenant MUST Keep Paying Rent During the Appeal – During the timeline the tenant can filed for the inability to pay court costs, but they still must pay into the court registry the rent amount (can be determined by the court including if there is not a rental agreement based on the fair market value, and the amount of the required rent payment will be in the JP judgment).

Failure to timely pay into the registry the rental amount by the tenant during the appeal can result in the court issuing a writ of possession immediately without a hearing.

Tenants must pay rent into the court registry during the appeal by the fifth day after the tenant files for appeal, equal to one rental pay period (i.e. one month’s rent). The courts will distribute the rent in the registry, upon request, to the landlord during and/or after the appeal process.

A landlord can contest the tenant’s claim that they do not have the ability to pay court costs.

Writ of Possession - Timing to Issue Writ – writ of possession issued at least 6 days after (not before) a judgment has been rendered/issued by the court (unless the appeals process has been kicked off)

Issuing the Writ of Possession is a Ministerial Act – meaning it must be “automatically” done and CANNOT be reviewed or delayed or be a subjective decisions/determination (objective only; no subjective authority).

A sheriff, constable or their deputies must serve the writ of possession within five days (no later) after writ has been issued.

The total timeline for a writ is to wait six days after judgement and then within five days after that, so 11 days total, execute the writ by the authorities.

If five days passes, then the landlord can choose (and have to pay for) to have the writ served by other law enforcement or off-duty law enforcement who has received training.

Landlord must pay the costs of issuing and executing the writ of possession.

An officer (including off-duty etc.) may use reasonable force to execute the writ. But a landlord is not liable for damages to the tenant resulting from the enforcement of a judgment in favor of the landlord, including executing the writ of possession by the officer.

Nonlawyer Representation -

• In Justice Courts (i.e. JP Court) - In ALL eviction suits in JP court parties can: Represent themselves; or be represented by authorized agents – who do NOT need to be attorneys

NOTE: Prior to SB 38, nonlawyer representatives could only perform in nonpayment or holdover eviction cases, but now they can represent in all eviction cases in JUSTICE COURTS, i.e. JP courts

• In appeal suits in County of District Courts - Only for the appeal of a nonpayment of rent cases, and only for an owner of a “multifamily residential property” – which will probably mean, ”any residential dwelling complex consisting of four or more units,” can be an authorized agent who is not an attorney

The effective date for SB 38 is January 1, 2026

SB 1333 - Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling.

This is another anti-squatters bill but focused more on the criminal enforcement aspect of removing squatters. The bill also adds a process for the property owner to submit a formal complaint and get the sheriff or constable to remove the unauthorized person.

SB 2349 – Relating to notice requirements for a leased dwelling located in a floodplain.

For all normal leases and landlords, the bill now allows the floodplain notice to be included in the lease or as a lease addendum, which must be signed by both landlord and tenant (prior law mandated a separate notice rather than being incorporated in the lease). So, this law simply provides more flexibility to either continue with a separate lease floodplain disclosure or incorporate it in the lease.

The bill also, creates small exceptions (meaning the notice is not required) to the floodplain notice that has been required since 2021 (post- Hurricane Harvey) for leased property for short-term leases less than 30-days or “seller lease back” situations when selling a residence.