URGENT UPDATE: Texas lawmakers have passed Senate Bill 38, set to take effect on January 1, 2025, significantly altering eviction processes for renters across the state. Signed into law by Governor Greg Abbott, this legislation aims to bolster property owners’ rights but raises concerns for tenant protections.
Tenant advocates are sounding the alarm, warning that SB 38 could make it increasingly difficult for renters to understand and assert their rights. “The passage of SB 38 erodes some tenant protections and will make the eviction process faster,” said Shoshana Krieger, project director for the tenants’ rights group Building and Strengthening Tenant Action (BASTA). She noted that evictions in Texas are already rapid, typically completed within 21 days.
The new law maintains this timeline but introduces a summary judgment process, allowing landlords to request a court ruling 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 decisions. Importantly, they must swear under threat of perjury that their appeal is made in good faith, not as a delay tactic—a requirement that many see as an additional hurdle.
Proponents, including bill sponsor State Sen. Paul Bettencourt (R-Houston), argue that the legislation is necessary to combat unauthorized property use and squatting. “We’ve struck the right balance between the property rights of the owners and the needs of the renters,” Bettencourt stated, emphasizing the need to protect property owners from financial losses.
However, critics argue that the bill undermines due process for tenants. Changes allowing electronic delivery of eviction notices may lead to confusion, as many renters may overlook important communications lost in cluttered inboxes. Krieger highlighted, “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.”
The stakes are high. As eviction rates in Travis County soar, with projections indicating they could reach record levels by the end of 2025, many fear SB 38’s expedited process will exacerbate the crisis. Opponents warn that weakened tenant protections could worsen homelessness in Texas, straining government resources such as shelters and food banks.
As the legal landscape shifts, Texans need to stay informed about how these changes will affect their rental agreements and rights. With the clock ticking down to the law’s implementation date, tenants and advocates alike are urging for greater awareness and understanding of the implications of SB 38.
Next Steps: As January approaches, tenants are encouraged to educate themselves on their rights under the new law. Advocates will continue to voice concerns, and residents are urged to participate in discussions surrounding tenant protections. The future of housing security in Texas may depend on it.
