This is general information, not legal advice. Consult a licensed attorney in your state.
The short version#
Texas Senate Bill 38 (89th Legislature, Regular Session) rewrote parts of Chapter 24 of the Property Code, which governs evictions. It takes effect January 1, 2026, except for the section directing the Texas Supreme Court to adopt rules, which took effect September 1, 2025 (SB 38 enrolled text, Section 18). The changes apply only to eviction suits whose petition is filed on or after January 1, 2026 (Section 17). For day-to-day PM work, the biggest items are how a notice to vacate must be delivered and where a suit is filed.
What changed and when#
- Venue: the justice court in the precinct. A justice court in the precinct where the real property is located has jurisdiction in eviction suits (Section 1, amending §24.004(a)). New §24.0041 also ties eviction suits to the justice precinct where the property is located (Section 2).
- Notice period unchanged at three days by default. The landlord must give at least three days' written notice to vacate before filing, unless the parties contracted for a shorter or longer period in a written lease or agreement (Section 4, §24.005(a)).
- Notice to pay rent or vacate. If possession is terminated based solely on nonpayment, and the tenant wasn't late before the month of the notice, the notice must be a notice to pay rent or vacate. If the tenant was late before that month, either form may be used (§24.005(a)).
- Federal notice periods. Where federal law requires a pre-vacate notice, a landlord that meets §24.005 isn't required to delay filing. But the writ of possession can't be served until the federal period has run (§24.005(c-1)).
- Concurrent periods. If a lease or law requires an opportunity to respond to a notice of proposed eviction, the notice period may, at the landlord's discretion, run concurrently with that response period (§24.005(e)).
- Sworn petition; summary disposition for forcible entry cases. An eviction suit starts with a sworn petition (§24.00505, Section 5). A landlord whose sworn petition alleges a forcible entry and detainer (for example, someone who entered without the owner's consent) may include a sworn motion for summary disposition (§24.005106, Section 7). This isn't a shortcut for ordinary nonpayment or holdover cases.
- Electronic proceedings. If the parties agree, a justice court may allow them to appear by videoconference, teleconference or other available electronic means (§24.005105, Section 7).
- Agents. In justice court eviction suits, parties may be represented by authorized agents who need not be attorneys (Section 14, §24.011).
- Repeals. Former §24.005(f)–(f-2) and (g)–(i), among others, are repealed (Section 15).
- Court rules. SB 38 directed the Texas Supreme Court to adopt rules (Section 16). The Court rewrote Texas Rule of Civil Procedure 510 as a standalone eviction rule, effective January 1, 2026, for eviction suits filed on or after that date (Misc. Docket No. 25-9105, Dec. 31, 2025). That order was a preliminary approval with public comment open through February 1, 2026, so check the Court's rules advisories for the current text before relying on a specific subsection.
Notice to vacate: the four delivery methods#
Under new §24.005(f-3), a notice must be delivered using at least one of these (Section 4):
- mail, including first class, registered or certified mail, 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; or
- if the parties have agreed in writing, electronic communication, including e-mail or other electronic means.
Those method requirements don't apply if the tenant actually receives the notice (§24.005(f-4)).
A note on the Florida "5-day notice" myth#
If you also manage in Florida: the viral claim that Florida moved to a 5-day pay-or-quit notice isn't supported by the statute. Florida's nonpayment notice is still 3 days, excluding weekends and court-observed holidays (§83.56(3), Fla. Stat.). See our Florida 2026 explainer.
What property managers should check in their own process#
These are review prompts for you and your attorney, not legal requirements.
- Lease e-mail consent: if you deliver notices by e-mail, is there a written agreement allowing electronic delivery (§24.005(f-3)(4))? Ask counsel whether your current lease language is enough.
- Delivery logs: can you show which of the four methods you used, and when (§24.005(f-3))?
- Notice form: does your template pick correctly between a notice to pay rent or vacate and a notice to vacate, based on the tenant's prior payment history (§24.005(a))?
- Lease notice period: does your written lease set a notice period other than three days (§24.005(a))?
- Federally covered properties: if a federal notice period applies, does your timeline account for the writ-service limit (§24.005(c-1))?
- Filing location and petition: are filings going to the justice court in the property's precinct, with a sworn petition (§24.004; §24.00505)?
- Filing date: suits filed before January 1, 2026 stay under prior law (Section 17).
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Sources#
- Texas Legislature Online, SB 38 (89R), enrolled bill text: https://capitol.texas.gov/tlodocs/89R/billtext/html/SB00038F.htm
- Texas Supreme Court, Misc. Docket No. 25-9105 (Dec. 31, 2025): https://txcourts.gov/media/1461822/259105.pdf
- Texas Supreme Court, Misc. Docket No. 25-9096 (Nov. 21, 2025): https://www.txcourts.gov/media/1461640/259096.pdf
- Texas Supreme Court, rules advisories: https://txcourts.gov/supreme/administrative-orders/rules-advisories
- §83.56, Florida Statutes (2025), Florida Senate: https://www.flsenate.gov/Laws/Statutes/2025/83.56
This is general information, not legal advice. Consult a licensed attorney in your state.
