URGENT UPDATE: Texas renters face significant upheaval as Senate Bill 38, signed into law by Governor Greg Abbott, is set to take effect on January 1, 2025. This controversial legislation aims to accelerate the eviction process, raising concerns among tenant rights advocates about the implications for renters across the state.
As outlined in the new law, the timeline for eviction trials will remain between 10 and 21 days after a petition is filed. However, SB 38 introduces a summary judgment process, allowing landlords to bypass a traditional trial if there are no factual disputes. This change is expected to make eviction proceedings faster and potentially more daunting for tenants.
Shoshana Krieger, project director for tenants’ rights group BASTA, expressed alarm over the bill’s impact. “The passage of SB 38 erodes tenant protections and will make the eviction process even quicker,” she stated. Krieger emphasized that “evictions in Texas already happen fast,” with current processes typically completed in just 21 days.
Under the new law, tenants will have a mere four days to respond to a landlord’s claim and five days to appeal an eviction judgment. Importantly, they must now swear under threat of perjury that their appeal is made in good faith, a requirement critics argue could further complicate an already challenging situation for renters.
Proponents of SB 38, including State Senator Paul Bettencourt (R-Houston), argue that the law is designed to protect property owners from unauthorized tenants and squatting. “We’ve struck the right balance between the property rights of the owners and the needs of the renters,” Bettencourt asserted, aiming to address concerns about non-payment of rent and squatting.
However, the law faces backlash from tenant advocates who fear it undermines due process. Critics highlight that changes in how eviction paperwork can be served, including allowing electronic delivery of notices, could confuse renters further. “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,” Krieger warned.
The implications of SB 38 extend beyond individual evictions. Opponents are concerned that it could exacerbate Texas’ growing homelessness crisis, especially as eviction rates in Travis County are on track to hit record levels by the end of 2025. Many fear that the streamlined eviction process will lead to even higher numbers in 2026, placing additional strain on government services, including shelters and food banks.
As January 1, 2025 approaches, the urgency surrounding SB 38 intensifies, with many looking to local lawmakers for clarity on how to navigate these impending changes. The impact on Texas renters could be profound, making the landscape of rental rights and protections more precarious than ever.
Stay connected for the latest developments as this story unfolds.
