URGENT UPDATE: Texas has passed Senate Bill 38, a new law that dramatically alters the eviction process for renters, set to take effect on January 1, 2025. Signed by Governor Greg Abbott, this legislation is aimed at reinforcing property owners’ rights, but it faces fierce opposition from tenant advocates who warn it could erode protections for vulnerable renters.
Advocates for renters are raising alarms about the implications of SB 38. Shoshana Krieger, project director for Building and Strengthening Tenant Action (BASTA), stated, “The passage of SB 38 will make the eviction process faster,” emphasizing the potential for tenants to be caught off guard. Currently, evictions in Texas can occur in as little as 21 days, and the new law maintains this rapid timeline.
The controversial law introduces a summary judgment process, allowing landlords to seek court rulings without a trial if no legitimate disputes exist. Tenants will now have only four days to respond to eviction claims and five days to appeal judgments, a timeline that critics argue places undue pressure on renters. They must also swear under threat of perjury that their appeals are made in good faith, raising further concerns about due process.
Supporters, including State Senator Paul Bettencourt (R-Houston), assert that the bill addresses issues such as squatting and non-payment of rent. “I think we’ve struck the right balance between the property rights of the owners and the needs of the renters,” Bettencourt stated, defending the bill’s intent to protect landlords from exploitation.
However, the bill’s critics are alarmed by its potential impact on the state’s growing homelessness crisis. As eviction rates in Travis County are projected to hit record highs, there are fears that the new streamlined process may further exacerbate these numbers in 2026. Critics argue that weakened tenant protections could burden state services, including shelters and food banks.
Krieger warns that changes in how eviction paperwork is served, including electronic delivery, could confuse many renters. “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,” she said, highlighting the challenges ahead.
As this legislation heads toward implementation, Texas renters and advocates will be watching closely. The urgency of this situation cannot be overstated, as the potential effects on the state’s rental landscape are profound and immediate.
Stay tuned for more updates on this developing story as Texas grapples with the implications of SB 38 and its impact on renters across the state.
