URGENT UPDATE: Texas’s new property rights law, Senate Bill 38, will significantly alter the rental landscape for tenants starting January 1, 2025. Signed into law by Governor Greg Abbott, this legislation is designed to bolster property owners’ rights but has raised alarms among tenant advocates regarding its potential impact on renters.
Tenant rights groups are sounding the alarm as SB 38 is expected to streamline the eviction process, making it faster and more complex for renters to navigate. Shoshana Krieger, project director for the local tenants’ rights organization Building and Strengthening Tenant Action (BASTA), warns that the rapid eviction timeline could leave many renters vulnerable. “The passage of SB 38 will make the eviction process faster,” she stated, highlighting that evictions in Texas can already occur in as little as 21 days.
The new law maintains this timeline but introduces a summary judgment process, enabling landlords to expedite court rulings without a trial if there are no significant factual disputes. Tenants will now have just four days to respond to eviction claims and five days to appeal, but they must also swear under penalty of perjury that their appeal is made in good faith.
Proponents, including State Senator Paul Bettencourt (R-Houston), argue that the bill strikes a balance between protecting property owners and addressing issues like squatting and serial non-payment. “I think we’ve struck the right balance,” Bettencourt said, emphasizing the need to protect landlords from those exploiting the system.
However, critics argue the bill undermines due process for tenants. Changes in how eviction notices can be served, including the option for electronic delivery, raise concerns about renters missing critical communications. “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 added.
Amid these changes, Texas faces a rising eviction crisis, especially in Travis County, where rates are projected to reach alarming levels. With the new law potentially worsening the situation, experts fear it could add strain to already stretched government services, including shelters and food banks.
As the effective date approaches, the implications of SB 38 remain a hot topic among community advocates and lawmakers alike. The bill’s enactment could reshape the rental landscape profoundly, affecting thousands of Texans across the state.
Stay tuned for more updates as the situation develops, and consider the potential impact this law may have on your community. The urgency of understanding these changes cannot be overstated, as renters may soon find themselves navigating a more complex eviction process than ever before.
