Evictions in Texas have always been a hot topic. With property owners pushing for quicker ways to handle squatters and tenants seeking protections from unfair practices, the law has been a balancing act. Now, with Senate Bill 38 set to take effect on January 1, 2026, Texas landlords and tenants will see some of the biggest changes to eviction law in years.
What Is Senate Bill 38?
Senate Bill 38, often referred to as the “squatter’s bill”, was designed to give landlords new tools for removing unauthorized occupants. It redefines several sections of the Texas Property Code dealing with eviction and aims to bring Texas closer to states like Florida, which has a faster eviction process.
The bill was signed into law in 2025, but many judges and justices of the peace are still unfamiliar with it. This means that landlords, property managers, and tenants alike will need to stay on top of the new rules as they start to be applied in court.
The Push to Mirror Florida
Originally, the bill attempted to make Texas more like Florida, where eviction timelines are notably shorter. In Florida, tenants often have only 8 days to respond to eviction actions, and certain defaults don’t require a hearing at all.
Lawmakers in Texas pushed for a 3-day timeframe, but that provision did not pass. Still, the final version of the bill makes important adjustments to the eviction process that will change the way cases are filed and heard.
What Stays the Same
While SB 38 brings changes, some things remain the same (see How to file an eviction in Houston). One of the biggest carryovers is that counterclaims and third-party suits are still not allowed in eviction cases. This means eviction proceedings remain streamlined, focused only on the possession of the property and any unpaid rent.
Why This Matters for Landlords
For landlords, the most important impact of SB 38 is in dealing with squatters and unauthorized occupants. In the past, these cases could drag on for weeks or months. With the new law, the process is expected to be more efficient, though it will take time for judges to become familiar with the rules.
Property owners and managers should:
Review their current eviction processes.
Stay informed on how local justices of the peace interpret SB 38 once it takes effect.
Work closely with legal counsel when filing cases under the new rules.
Looking into having an expert property manager handle your Houston investment property? Contact us by emailing Info@AreaTexas.com or call us at 713.972.1222.
What Tenants Should Know
For tenants, the law doesn’t erase protections. Tenants facing eviction will still receive notice and have the chance to appear in court. However, the timelines may tighten, and judges will have less flexibility in handling cases where unauthorized occupancy is involved.
Because this bill is aimed squarely at squatters, tenants who are lawfully under a lease should not see dramatic changes — but they should be aware that eviction cases may move faster.
The Transition Period
One of the biggest challenges with SB 38 will be the transition period. Many judges are not yet familiar with the bill, and interpretations may vary from county to county at first. This means landlords should be prepared for some uncertainty as courts adapt to the new rules in early 2026.
Senate Bill 38 marks a major shift in Texas eviction law, particularly when it comes to handling squatters. While the law doesn’t make Texas exactly like Florida, it pushes the state closer to a faster, more streamlined process.
For landlords, this is an opportunity to resolve unauthorized occupancy more efficiently — but it will require close attention to court practices and legal guidance during the transition. For tenants, it’s a reminder that eviction cases may move faster in the future, making it more important than ever to respond quickly and know your rights.
As January 2026 approaches, both sides should prepare for change. Staying informed and working with professionals who understand the law will be the best way to navigate the new eviction landscape in Texas.
Still have questions about how to handle your Houston home rental? Contact us by emailing Info@AreaTexas.com or call us at 713.972.1222.
