Texas SB 38: what the 2026 eviction law changes mean for landlords

Texas SB 38 eviction rules apply to eviction suits filed on or after January 1, 2026: a written notice under Texas Property Code §24.005, a sworn petition in the Justice of the Peace precinct where the property sits, citation served by a sheriff or constable, and later stages governed by rewritten Rule 510 of the Texas Rules of Civil Procedure. Senate Bill 38 (SB 38), 89th Legislature, signed June 20, 2025, rewrote Chapter 24 of the Property Code for those filings. This page reports those mechanics. It is not legal advice for any lease, property, county, or occupant.

Eviction Wizard helps landlords organize eviction documents, submit through the court's e-filing system, request a process server, and track every deadline — in one dashboard. Eviction Wizard AI Partners, LLC is not a law firm and does not provide legal advice.

Key takeaways

• SB 38 and Rule 510 govern Texas eviction suits filed as of 2026. No article can guarantee a timeline or an outcome.
• First unpaid-rent delinquency requires a notice to pay rent or vacate before a standard notice to vacate (§24.005). Delivery methods are listed in §24.005(f-3). This page does not say any method is sufficient. Check the lease. Consult a Texas attorney.
• The suit starts with a sworn petition (§24.00505) filed in the justice precinct where the property sits (§24.0041). Under Rule 510.6(c), a wrong-precinct filing is dismissed, not transferred.
• A sheriff or constable must make a diligent effort to serve the citation by the fifth business day after filing (§24.0051). That is not the landlord’s pre-suit notice. Trial is generally 10 to 21 days after filing, hedged for county practice.
• Appeals still use a five-day window plus a sworn good-faith affirmation (§24.005107). Summary disposition under §24.005106 is for forcible entry and detainer, not routine nonpayment; the occupant has four days to respond.
• Only law enforcement executes a writ of possession. Self-help lockouts and utility shutoffs remain illegal.

Contents

• What SB 38 changed and when the 2026 rules apply
• Notice delivery, pay-or-vacate, and day counting
• The sworn petition and precinct venue
• Citation service and the trial setting
• Appeals, the good-faith affirmation, and registry rent
• Summary disposition for unauthorized occupancy
• Writ of possession and the self-help ban
• How Eviction Wizard handles this
• Frequently asked questions
• Report the statute, then organize the packet

What SB 38 changed and when the 2026 rules apply

Texas landlords searching Texas SB 38 eviction want one list of what is different. The enrolled Act amends Property Code Chapter 24 and directed the Supreme Court of Texas to adopt rules consistent with that chapter. The Court rewrote Rule 510 as the procedural framework for eviction cases. The Act applies to eviction suits filed on or after January 1, 2026. As of 2026, that filing date is what matters — not the date rent first went unpaid.

SB 38 did not invent forcible detainer. It changed notice delivery, the first unpaid-rent notice form, day counting, the sworn petition, precinct venue, the citation-attempt window, the trial setting, the tenant appeal affirmation, when a court may enter judgment without a trial, and how a writ is issued and served. The justice court still decides actual possession, not title. Counterclaims and third-party joinder are not permitted in the eviction case (§24.004(c); Rule 510.6(f)). The table reports the statute and Rule 510. It is not a schedule you can promise.

Stage	2026 rule (report, not a promise)	Citation
Notice form	First unpaid-rent delinquency: pay or vacate. Later months: either form.	§24.005(a)
Notice delivery	Mail; inside a conspicuous place; hand to a tenant 16+; electronic only if agreed in writing.	§24.005(f-3)
Day counting	Exclude the trigger day; weekends and holidays count; last-day weekend or holiday rolls forward.	§24.0042
Petition	Sworn petition with the contents the Texas Rules of Civil Procedure require.	§24.00505; Rule 510.6(a)
Venue	Justice precinct of the property. Wrong precinct is dismissed, not transferred.	§24.0041; Rule 510.6(c)
Citation	Sheriff or constable: diligent effort by the fifth business day after filing.	§24.0051(f)
Trial	Generally the 10th–21st day after filing; not earlier than the fourth day after service.	§24.0051(g)
Summary disposition	Forcible entry and detainer only. Occupant has four days after service to respond.	§24.005106; Rule 510.10
Appeal	Five days; tenant sworn good-faith affirmation; rent into the registry.	§24.005107; §24.0053
Writ	Not before the sixth day unless a possession bond applies. Law enforcement executes.	§24.0061

Public write-ups of uncontested Texas evictions commonly report ranges from about three weeks to about 75 days depending on county and appeals. JP filing fees are commonly reported in the tens of dollars; writ fees around $150–$200. Those are reported ranges. A step-by-step map of the Texas eviction process belongs in the process pillar.

Notice delivery, pay-or-vacate, and day counting

Section 24.005 still requires written notice before most forcible detainer filings against a tenant under a written lease or oral rental agreement. The default period remains at least three days unless the written lease or agreement sets a shorter or longer period. SB 38 repealed the old §24.005(f) through (f-2) and (g) through (i) delivery subsections.

Section 24.005(f-3) now lists four methods: mail, including first-class, registered, certified, or a delivery service; delivery to the inside of the premises, in a conspicuous place; hand delivery to any tenant of the premises who is 16 years of age or older; and electronic communication, including email, if the parties have agreed in writing.

This article reports that list. It does not say any method is sufficient for your facts. Electronic delivery is listed only when the parties agreed in writing. The enacted text for hand delivery says “tenant,” not “any person who answers the door.” Check the lease. Consult a Texas attorney. Section 24.005(f-4) states that subsection (f-3) does not apply if the tenant actually receives the notice.

If possession is terminated solely for nonpayment, and the tenant was not late or delinquent before the month in which the notice is given, written notice “shall” be a notice to pay rent or vacate. If the tenant was already late or delinquent before that month, either that form or a notice to vacate is allowed. Whether a prior late fee or a partial payment is a delinquency is a fact-and-law question.

Holdover still has to satisfy §24.005 and, for end-of-term termination, Property Code §91.001. Forcible-entry occupants under §24.001 may receive oral or written notice (§24.005(d)). Public commentary on the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) still treats a 30-day notice as required for covered dwellings. Under §24.005(c-1), satisfying the Chapter 24 notice does not require the landlord to delay filing — but a writ may not be served until the period between that notice and writ service equals or exceeds the federal period. Confirm coverage with counsel.

Section 24.0042 excludes the trigger day, includes weekends and state or federal holidays, includes the last day, and rolls a last day that falls on a weekend or holiday forward. A Monday delivery of a three-day notice does not make Thursday a filing day. A field-level checklist is in Texas notice to vacate requirements. The start sequence is in how to start an eviction in Texas.

The sworn petition and precinct venue

SB 38 added §24.00505: to initiate an eviction suit, a sworn petition must be filed with the court, and it must include the contents required by the Texas Rules of Civil Procedure. An unsworn complaint is not the 2026 starting paper.

Rule 510.6(a) requires the parties’ names; a description, including the address, of the premises; the facts and grounds for eviction; when and how pre-suit notice was given, and whether it was a notice to vacate or a notice to pay rent or vacate; rent due at filing, if any; and, on a solely unpaid-rent case, whether the tenant was late or delinquent before the notice month. A forcible entry and detainer petition must state whether a sworn motion for summary disposition under Rule 510.10 is attached. Unpaid rent may be joined up to $20,000, excluding statutory interest and court costs but including attorney’s fees (Rule 510.6(e)). Section 24.00506 bars local rules that add petition content, require mediation before trial, or dismiss a petition that meets — or can be amended to meet — the rules.

Venue is a dismissal risk, not a transfer errand. Section 24.0041 requires the suit in the justice precinct where the property is located. Rule 510.6(c): if the petition is filed elsewhere, the judge must dismiss the case. The filing fee is not refunded. Confirm the precinct on the county’s current map before you authorize a filing. Address helpers are not a guarantee. See the Texas JP court precinct helper article.

How to line up a 2026 sworn-petition packet from the lease — organization, not legal advice:

1. Pull the four lease fields. Tenant name, property address, rent amount, and lease dates. Treat any lease-upload extraction as a draft.
2. Name the ground in the statute’s words. Solely unpaid rent, holdover, other default, or forcible entry. If the only issue might be unpaid rent, read §24.005 before you pick a notice form.
3. Record when and how pre-suit notice was given, and which form it was. Rule 510.6(a) requires that description. Keep the proof you created.
4. On a solely unpaid-rent case, state whether the tenant was late or delinquent before the notice month.
5. Identify the JP precinct for the property address. Confirm it on the county’s current map. A software helper is “based on the information you provided,” not a guarantee.
6. Swear the petition, then file as the plaintiff. You remain the filer. If you use the court’s e-filing portal (in many Texas counties, eFileTexas), you still review, confirm, and authorize submission. Court fees stay separate.

If a name, precinct, or notice form is in doubt, stop and get a Texas attorney into the file.

Citation service and the trial setting

Once the sworn petition is accepted, the landlord’s job shifts from drafting to tracking. The citation is not a second notice to vacate. Section 24.0051(f) requires a sheriff or constable, including a deputy, to make a diligent effort to serve the citation and petition not later than the fifth business day after filing. If service has not happened by then, the landlord may — but is not obligated to — arrange service by another trained law enforcement officer. The statute does not authorize the landlord to serve the citation personally.

Keep those roles separate. Notice delivery and citation service have different actors, clocks, and proof. A private process server for eviction request is for the landlord’s notice path. It does not replace constable citation service.

Section 24.0051(g) sets trial not earlier than the 10th day or later than the 21st day after the petition is filed, not earlier than the fourth day after the tenant is served, and not postponed more than seven days unless the parties agree in writing. County practice and failed service can move the date you actually receive. Treat “10 to 21 days” as the rule the statute describes, not as a guaranteed hearing week. If both parties agree, §24.005105 allows appearance by videoconference or teleconference.

Nothing in SB 38 authorizes a landlord to skip the court process while waiting on citation. Self-help lockouts and utility shutoffs remain illegal. Public write-ups often describe ranges from a few weeks to much longer when service fails or an appeal is filed. Those are reported ranges, not a promise.

Appeals, the good-faith affirmation, and registry rent

The five-day appeal window remains. Section 24.005107(a) and Rule 510.19 allow a party to appeal a justice-court eviction judgment by filing a bond, making a cash deposit, or filing a statement of inability to afford payment of court costs with the justice court not later than the fifth day after the judgment is signed. An appeal is perfected when one of those is timely filed.

SB 38 added a sworn statement on top of that filing. A tenant who appeals must affirm, under penalty of perjury, a good-faith belief that the tenant has a meritorious defense and that the appeal is not for delay. Rule 510.19 states that the affirmation is not reviewable by the justice court. Whether a given appeal meets it is a question for counsel.

Registry rent is no longer limited to nonpayment cases. If the justice court enters judgment for the landlord in a residential eviction case, §24.0053 requires the court to determine the rent for each rental pay period during any appeal and note that amount in the judgment. If there is no rental agreement, the amount must be the greater of $250 or, if the court determines it, fair market rent. A tenant who appeals must pay one period into the justice-court registry not later than the fifth day after filing the appeal, then pay each later period into the registry of the court where the case is pending. Failure to pay as required can support an immediate writ of possession on request if the court gave the written notice §24.0053(a-1) requires (§24.0054). The county court is to hold trial not later than the 21st day after the transcript and original papers are delivered (§24.005107(c)). If a judgment is entered and someone talks about appealing, consult a Texas attorney.

Summary disposition for unauthorized occupancy

One of SB 38’s stated purposes was a faster civil path when someone occupies property without a legal right to remain. The tool Chapter 24 actually created is summary disposition — not a landlord lockout.

Section 24.005106 applies when a landlord files a sworn petition alleging a forcible entry and detainer under §24.00505 and includes a sworn motion for summary disposition without trial. The motion must set out supporting facts; documents it relies on must be attached. If the motion shows no genuinely disputed facts that would prevent judgment for the landlord, the court may enter that judgment without a trial unless, not later than the fourth day after the occupant is served, the occupant files a response and the court finds proper service plus genuinely disputed facts. The court may still enter judgment if the response does not show a genuinely disputed fact, and may consider a later response if it shows such a fact and judgment has not yet been entered. If disputed facts exist, the court sets a trial in the 10-to-21-day window. A judgment on summary disposition has the same effect as any other eviction judgment.

That limit matters. Summary disposition is tied to a forcible entry and detainer allegation. It is not the track for a routine unpaid-rent case against a tenant under a lease. Whether a holdover or former licensee fits that path is a legal question. Consult a Texas attorney. See Texas squatters and summary disposition.

If the motion is filed with the petition, §24.0051(e) requires the citation to carry a bold English-and-Spanish notice that judgment without trial is possible unless a response is filed by the fourth day after service.

Senate Bill 1333 created a different Chapter 24B path that some public sources describe as a court-free removal option in defined circumstances. Do not mix the two. This page reports Chapter 24 and Rule 510. Which statute, if any, fits a vacant-unit occupant is a counsel question.

Writ of possession and the self-help ban

A judgment for possession is not the move-out. Section 24.0061 entitles a prevailing landlord to a judgment for possession and a writ of possession. A writ may not be issued before the sixth day after the judgment is rendered unless a possession bond has been filed and approved under the Texas Rules of Civil Procedure. SB 38 added §24.0061(b-1): issuance of the writ is a ministerial act. A sheriff or constable must serve the writ not later than the fifth business day after it is issued. If that does not happen, the landlord may — but is not obligated to — have another trained law enforcement officer serve it.

The officer who executes the writ posts a written warning on the exterior of the front door and may not execute sooner than 24 hours after that posting. Only law enforcement executes the writ. A landlord who changes locks, shuts off utilities, or removes doors to force a departure is not “doing SB 38 faster.” Self-help lockouts and utility shutoffs remain illegal.

The court must mail a copy of a default judgment or a summary-disposition judgment to the premises by first-class mail not later than 48 hours after entry (§24.0061(c)). That mailing is not the writ. The writ of possession in Texas article covers the post-judgment sequence. Nothing on this page shortens the appeal window or authorizes you to skip the officer.

How Eviction Wizard handles this

Eviction Wizard is built for the sequence SB 38 made more document-heavy: gather the lease facts, assemble the notice and sworn-petition packet, route filing through the court’s e-filing system at your direction, and keep notice, citation, hearing, judgment, appeal, and writ deadlines on one dashboard.

When Chapter 24 or Rule 510 changes, the useful product behavior is versioned templates and deadline tracking updated to the current rule set — not a frozen PDF from a prior year. Eviction Wizard organizes documents from commonly used court templates, versioned so a 2026 sworn petition, a notice to pay rent or vacate, and a standard notice to vacate are different papers. Deadline tracking can follow the §24.0042 notice period, the five-business-day citation-attempt window, the 10-to-21-day trial setting, the five-day appeal window, and the writ-issuance wait. Tracking a deadline is not a finding that notice, venue, or service was legally sufficient.

Eviction Wizard does not certify that a packet complies with SB 38. Optional review by an independent attorney in the Attorney Directory is a completeness review of the packet you assembled, not representation. Those attorneys are not employees or agents of Eviction Wizard.

You remain the filer. You review every page, confirm the fields, and authorize submission. Lease upload may extract tenant name, property address, rent amount, and lease dates into the forms you selected, for your review and editing. Extraction is a draft.

For Texas venue, you enter the property address and the product helps determine the precinct and Justice of the Peace court commonly associated with that location. Results are shown as based on the information you provided. That helper is not a guarantee. You still confirm the precinct before you file. A process-server request lets you browse independent process servers and track notice delivery. It does not replace constable citation service.

The Document Organizer fee is $149 per case. Founding members lock $149 for life. Court fees and third-party fees are separate and are shown before you approve them. You can build the case file free and pay only when you file. Launch is Texas first, county by county. Florida, Georgia, Arizona, and Nevada are next on the public roadmap; they are not live. Portfolio bulk filing, team seats, and portfolio guardrails are coming, not live.

If you are comparing organizers, form-fillers, and attorney-only paths under the 2026 rules, see the best eviction tools Texas landlords use. A habit-by-habit switch off pre-2026 templates is in the Texas eviction rules 2026 switching guide.

Frequently asked questions

Does Texas SB 38 apply to a notice I already sent before 2026?

SB 38 applies to eviction suits filed on or after January 1, 2026. A notice drafted on an old form does not move the filing date. Whether a pre-2026 notice satisfies §24.005 for a 2026 petition is a case-specific question. Check the lease. Consult a Texas attorney before you file on that notice.

Can I email a Texas notice to vacate under SB 38?

Section 24.005(f-3) lists electronic communication only if the parties agreed in writing. Mail, conspicuous placement inside the premises, and hand delivery to a tenant 16 or older are also on the list. This article does not say any method is sufficient for your facts. Check the lease. Consult a Texas attorney.

What happens if I file the sworn petition in the wrong JP precinct?

Rule 510.6(c) requires dismissal. A wrong-precinct filing is not transferred to the correct court. The filing fee is not refunded. You would need a new sworn petition in the precinct where the property sits. Confirm venue before you authorize filing.

Is summary disposition available for unpaid rent?

Section 24.005106 ties summary disposition to a sworn petition alleging forcible entry and detainer, plus a sworn motion. It is not the track for a routine nonpayment case against a tenant under a lease. The occupant has four days after service to respond. Whether your facts are forcible entry is a question for a Texas attorney.

Does Eviction Wizard give legal advice about SB 38?

No. Eviction Wizard AI Partners, LLC is not a law firm and does not provide legal advice. You remain the filer. The product organizes documents, versions templates when the rules change, and tracks deadlines. Optional attorney review of a packet is a completeness review by an independent attorney, not a certification that the packet complies with SB 38.

How long does a Texas eviction take under the 2026 rules?

No timeline is guaranteed. Section 24.0051 generally sets trial 10 to 21 days after the petition is filed. Public sources commonly report uncontested Texas evictions from about three weeks to about 75 days depending on county and appeals. Failed service and an appeal change the clock. See how long an eviction takes in Texas for hedged stage ranges.

Report the statute, then organize the packet

Texas SB 38 eviction practice as of 2026 is a document-and-venue problem before it is a hearing problem. Use the notice form §24.005 describes, count days the way §24.0042 describes, swear the petition §24.00505 requires, and file it in the precinct Rule 510.6(c) will not dismiss. Let law enforcement serve the citation and the writ. Do not invent a faster path with a lock, a breaker, or a summary-disposition motion on a routine unpaid-rent file.

If you want versioned templates, the e-filing handoff, and the 2026 deadline list in one place — with you still reviewing every field — join the Eviction Wizard waitlist. Build the case file free. Pay the $149 Document Organizer fee when you file. Court fees and third-party fees stay separate.