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Is Your Lease Ready for Texas's New Eviction Rules?
Pull out your current lease and find the section on notices. If it doesn't say anything about email or online portals, that one gap could slow you down the next time a tenant stops paying rent.
On January 1, 2026, Texas Senate Bill 38 rewrote much of Chapter 24 of the Texas Property Code, which governs how evictions work across the state. The changes touch everything from how you deliver a Notice to Vacate to how fast your case lands in front of a judge.
This guide breaks down what changed, what it means for your rental, and the specific lease and process updates San Antonio owners should make now. At 43 Realty, our team manages rental homes across San Antonio, Boerne, and the Texas Hill Country, and we've already folded these rules into how we protect our owners' properties.
Key Takeaways
- Electronic notices need written consent: Email or portal delivery of a Notice to Vacate only works if you and your tenant agreed to it in writing.
- Court dates come fast: Justice courts must hold eviction trials within a tight window after filing, so prep work has to happen first.
- Squatters can be removed faster: A new summary disposition process lets judges rule quickly when an occupant has no real claim to the property.
- Appeals now require rent payments: Tenants who appeal must keep paying rent into the court registry or risk an immediate writ of possession.
- Old notice habits can backfire: Outdated forms and delivery methods can put your case at risk under the new rules.
What Texas Senate Bill 38 Changed for San Antonio Landlords
SB 38 is the biggest update to Texas eviction law in years, and it applies to every justice court in Bexar County and the Hill Country.
A Statewide Rulebook
Governor Abbott signed the bill in June 2025, and it took effect January 1, 2026. According to the Texas Legislature's official bill analysis, only the legislature can now modify or suspend eviction procedures, outside of certain disaster declarations.
Local courts can still adopt their own rules, but they can't require extra petition content, mandatory mediation, or pretrial hearings. For landlords, that means a more predictable process no matter which precinct your property sits in.
Venue and Representation
Every eviction suit must be filed in the justice precinct where the property is located. In justice court, either side can be represented by an authorized agent who doesn't need to be an attorney, which gives owners working with a property manager more flexibility.
Electronic Notices Now Depend on Your Lease
The most practical change for everyday landlords is how you're allowed to deliver a Notice to Vacate or a Notice to Pay Rent or Vacate.
The Written Consent Rule
You can now send a notice by email or other electronic means, but only if you and the tenant agreed to it in writing. The Texas Justice Court Training Center lists the approved methods as hand delivery, mail or a delivery service, delivery to a conspicuous place inside the premises, and electronic delivery when agreed to in writing.
The simplest place to capture that agreement is your lease. Without a clear clause, an emailed notice may not hold up if the tenant challenges it.
Why the Delivery Method Still Matters
The law also says the delivery method doesn't matter if the tenant actually receives the notice. Proving that receipt in court, however, is much harder than pointing to a signed lease clause.
A lease written before 2026 can quietly cost you weeks, and a single updated clause can win them back.
Faster Court Dates Mean Less Room for Error
SB 38 puts eviction cases on a much tighter schedule, which is good news for owners who come prepared.
The New Trial Timeline
Justice courts must now hold an eviction trial no earlier than the 10th day and no later than the 21st day after the petition is filed. Judges can only postpone a trial for up to seven days unless both sides agree in writing.
Service Can't Stall Your Case
Constables must make a diligent effort to serve the citation within five business days of filing. If they don't, landlords may use another law enforcement officer trained in eviction procedures. The same five-business-day rule applies to executing a writ of possession.
Sworn Petitions Required
Every eviction must begin with a sworn petition. With a court date arriving in as little as 10 days, your rent ledger, lease, notices, and photos need to be organized before you file, not after.
Squatters Face a New Fast-Track Removal Process
Unauthorized occupancy was one of the main reasons lawmakers wrote SB 38, and the bill gives owners a quicker path to get their property back.
How Summary Disposition Works
When a landlord files a sworn petition for forcible entry and detainer, they can include a sworn motion for summary disposition. If the occupant doesn't respond within four days of being served, or responds without showing a genuine dispute, the judge may rule for the landlord without a full trial.
Why It Matters for Vacant Homes
Vacant rentals between tenants are the most common targets for squatters. This process can shorten what used to be a drawn-out fight, though a strong maintenance and inspection routine is still your best prevention.
Appeals Now Come With a Pay-to-Stay Rule
Appeals used to be a common way for tenants to stay in a home for weeks without paying, and SB 38 closes much of that gap.
Rent Into the Court Registry
A tenant who appeals must pay one rental period's rent into the court registry within five days of filing the appeal. They must then keep paying each rental period while the appeal is pending. If there's no rental agreement, the court sets the amount at the greater of $250 or fair market rent.
Missed Payments Trigger a Writ
If the tenant misses a required payment, the court must issue a writ of possession immediately and without a hearing, upon request. Landlords can also ask the court to release registry funds at any time during the appeal.
Your SB 38 Action Plan for San Antonio Rentals
These steps will help you stay compliant and keep your eviction timeline on track.
Update Your Lease Template
Add a clear written consent clause for electronic delivery of notices if you plan to use email or an online portal. Make sure the clause names the specific methods you'll use.
Audit Your Notice Procedures
Retire old forms and stop relying on delivery methods that are no longer on the approved list. A flawed notice can delay your case or force you to start over.
Keep Your Records Court-Ready
Track every payment, late notice, and tenant communication in one place. Strong rent collection systems and clear financial reporting make it far easier to file a complete petition on short notice.
Screen to Prevent Problems
The best eviction is the one that never happens. A thorough tenant screening process reduces the odds you'll ever need these new rules.
Frequently Asked Questions
Here are answers to common questions San Antonio owners are asking about SB 38.
Can I email a Notice to Vacate to my tenant?
Yes, but only if you and your tenant agreed to electronic delivery in writing. Most owners handle this with a clause in the lease.
Did SB 38 change the 3-day notice period?
No. Texas still requires at least three days' written notice to vacate unless the lease says otherwise. SB 38 changed how notices are delivered and how quickly cases move through court.
Do I need a lawyer to file an eviction in justice court?
Not necessarily. Parties in a justice court eviction can represent themselves or use an authorized agent who isn't an attorney. Many owners rely on their property manager, and 43 Realty's eviction protection covers the cost of a simple uncontested eviction for our clients.
Protect Your Rental Income With a Lease Built for 2026
SB 38 rewards owners who prepare early, with faster court dates, quicker squatter removal, and stronger protection during appeals. The catch is that your lease and notice procedures need to keep pace.
43 Realty helps owners across San Antonio, Boerne, and the Texas Hill Country stay compliant while protecting their income. Call us at (210) 943-4343 or contact us to schedule a consultation about our San Antonio property management services.
