Texas only. Statutes last reviewed 2026-10-24. Built for notices delivered on or after January 1, 2026.

What changed in Texas eviction law on January 1, 2026

SB 38 added the notice to pay rent or vacate, four delivery methods including agreed email, the weekend roll forward rule, a sworn petition, and rent into the registry on every appeal.

Find the right notice under the 2026 rules

Notices

Notice to pay rent or vacate required for a tenant not late before the month of the notice; either form if late before (24.005(a))
Four delivery methods: mail, inside the premises, hand to a tenant 16 or older, agreed email (24.005(f-3)); actual receipt cures (f-4); outside door posting repealed
Day of delivery is day 0; a last day on a weekend or holiday rolls to the next business day (24.0042)
Holdover suits must also satisfy 91.001 (24.005(a))
Federal 30 day notice no longer delays filing or trial, only the writ (24.005(c-1))
State notice may run concurrently with any local notice of proposed eviction period (24.005(e))

Court process

Sworn petition required (24.00505); courts cannot add requirements beyond Rule 510 (510.24)
Petition states notice type, delivery date and method, and prior delinquency (Rule 510.6(a))
Constable has 5 business days to attempt service, then other trained officers may serve (Rule 510.8)
Trial at least 4 days after service, 10 to 21 days after filing (Rule 510.15)
Summary disposition for forcible entry (squatter) cases: 4 day response, trial 10 to 21 days if disputed (24.005106, Rule 510.10)
Non attorney agents may represent landlords (24.011, Rule 510.3)
Eviction suits decide possession only; deposit claims go to small claims

Judgment, appeal, writ

Every judgment states the appeal bond and the rent due during appeal
Appeal within 5 days with a sworn statement of meritorious defense (24.005107)
Rent into the registry in every residential appeal, minimum $250 or fair market rent (24.0053)
Writ on day 6 after judgment, served within 5 business days (24.0061)
Only the Legislature, or the Supreme Court after a disaster uniformly, may suspend eviction procedures

Status notes

Rule 510 as rewritten carries the Supreme Court's preliminary approval (Misc. Docket 25-9096 and 25-9105); comments closed February 1, 2026. Dallas and Austin notice of proposed eviction ordinances are presumptively preempted by HB 2127, which the Third Court of Appeals upheld in July 2025.

Questions landlords ask

When did SB 38 take effect?

January 1, 2026, for eviction suits filed on or after that date.

Do I have to use a new form?

Texas has no mandated form, but a notice that uses a repealed delivery method or skips the pay or vacate requirement risks dismissal.

Did SB 38 change the 3 day period?

No. The default stays 3 days unless the lease sets another period. It changed how the days are counted at the end.

Sources

Texas Notice provides forms and information. These forms and this website are not a substitute for the advice of an attorney.