Texas Evictions Under SB 38: What Multifamily Owners Have Learned Seven Months In
By Hari Nathan Kalyan, Managing Attorney, Warren Kalyan.
Five Key Takeaways
Rule 510 is now the only procedural rulebook. The old county by county patchwork is gone, and justice courts cannot add mediation, pretrial conferences, or extra filings the rule does not authorize.
Cases are moving much faster. Filings that used to take 60 to 90 days from notice to writ are now running roughly 21 to 35 days for landlords who follow the rule exactly.
Appeals no longer pause enforcement by default. A tenant must pay the judgment amount into the court registry within five days and keep paying every period, or the landlord can proceed to a writ despite the pending appeal.
First time rent delinquency needs a pay or vacate notice. An immediate notice to vacate on a tenant's first default is now defective, so this step has to be built into every delinquency workflow.
Strict compliance matters more, not less. With one statewide rule and less judicial discretion to forgive mistakes, notice forms and filing timelines need to match Rule 510 exactly.
If you own or manage rental property in Texas, the eviction case you file today looks very little like the one you filed last year. On January 1, 2026, Senate Bill 38 from the 89th Legislature took effect, and the Texas Supreme Court completely rewrote Rule 510 of the Texas Rules of Civil Procedure to implement it. Together they replaced a patchwork of local practices with one statewide playbook. Seven months in, the results are showing up in courtrooms across the state, and the lessons are clear for multifamily owners, operators, and property managers.
Why This Matters
Before SB 38, an eviction in one justice court could run on a completely different track than the same case one county over. Some courts required mediation. Some required extra filings or pretrial conferences. Some let counterclaims turn a simple possession case into a months long fight. For an owner carrying debt service on a 200 unit property, or a small landlord with four doors and a mortgage, those delays were real money. SB 38 was designed to make eviction what the statute always intended it to be: a summary proceeding focused on one question, who has the right to possession.
One Statewide Rulebook
The rewritten Rule 510 is now the only procedural rule that governs eviction cases. The general justice court rules, Rules 500 through 507, no longer apply. Just as important, Rule 510.24(b) prohibits justice courts from imposing any procedural requirement the rule does not expressly authorize. Courts cannot require mediation, pretrial conferences, or additional filings as a condition of getting to trial. If you operate properties in multiple counties, this is the biggest quality of life change in the law. The process in Harris County should now look like the process in Travis, Dallas, or Lubbock County.
The flip side is that the courts have less discretion to forgive mistakes. With one exclusive rule, strict compliance matters more, not less. Your notice forms, your petition, and your timeline need to match Rule 510 as written.
Notices Got More Flexible, and One Got More Tenant Friendly
SB 38 expanded how landlords can deliver notices to vacate. In addition to mail and hand delivery, notices can now go out by commercial delivery services like UPS or FedEx, and by email. For operators with electronic leases and tenant portals, email delivery is a meaningful efficiency gain, but document everything. A contested notice is still the most common way an eviction case dies at trial.
There is also a tenant protective change worth flagging. For a tenant's first instance of rent delinquency, the landlord must send a notice to pay or vacate rather than an immediate notice to vacate. Build that step into your delinquency workflow so your first notice on a new default is not defective from day one.
The Process Is Faster, and There Is a Backup for Slow Service
The compressed timeline is where owners feel the difference. Trials are set quickly after filing, and practitioners handling volume under the new law report that cases which used to take 60 to 90 days from notice to writ are now running roughly 21 to 35 days. Two mechanics drive that. First, counterclaims and third party joinders are barred. A tenant can still raise the condition of the unit as a defense to nonpayment, but cannot convert the eviction into a damages lawsuit. Second, if the constable does not serve the citation within five business days of filing, or does not execute a writ of possession within five business days of issuance, the landlord can arrange service by another authorized law enforcement officer instead of waiting in line.
SB 38 also created a limited summary disposition process, but know its boundaries. It applies to forcible entry cases, meaning squatters and unauthorized occupants with no lease or legal claim to the property. It is not available in a standard nonpayment or lease violation case against a tenant of record. Paired with SB 1333, the criminal squatter statute that took effect September 1, 2025, owners now have genuinely fast tools against unauthorized occupants.
Appeals Are No Longer a Free Pause Button
Under the old system, a tenant could appeal a possession judgment and buy weeks of additional occupancy. The new Rule 510 changes the economics. The appealing party must affirm a good faith belief that the appeal is not for delay and that a meritorious defense exists. The county court must hold a trial de novo within 21 days of filing. And critically, an appeal alone does not stay the judgment. To keep possession during the appeal, the tenant must pay the amount sought into the court registry within five days and keep paying rent into the registry each period. Miss those payments and the landlord can proceed to a writ of possession even while the appeal is pending.
Practical Takeaways
Update every notice form, lease default provision, and filing template against the rewritten Rule 510. The old county specific versions are now a liability.
Add the pay or vacate notice for first time delinquencies to your standard workflow, and if you use email notices, capture proof of delivery.
Calendar the five business day service checkpoints and be ready to request an alternate officer if the constable falls behind.
On appeals, track the registry deposit deadline closely, because a missed deposit is often the fastest path back to possession.
If you are dealing with a true unauthorized occupant, ask whether summary disposition or the SB 1333 process fits before filing a conventional eviction.
How Warren Kalyan Can Help
Our team at Warren Kalyan represents multifamily owners, operators, and property managers across Texas in lease enforcement, evictions, and appeals, and we have been running cases under the new framework since it took effect. The new system is faster and more predictable, but only for landlords whose paperwork and timelines are exactly right.
Need help navigating eviction procedure under the new Rule 510?
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General information only, not legal advice for your specific situation.