URGENT UPDATE: Texas renters face significant changes as Senate Bill 38 is confirmed to take effect on January 1, 2025. Signed into law by Governor Greg Abbott, this legislation aims to bolster property owners’ rights, raising critical concerns for tenants across the state.
IMMEDIATE IMPACT: Advocates for tenants warn that SB 38 could make it increasingly difficult for renters to navigate their rights. Shoshana Krieger, project director for Building and Strengthening Tenant Action (BASTA), emphasizes that the law could speed up evictions, already one of the fastest processes in Texas, which can occur within 21 days.
The new law allows landlords to request a summary judgment without a trial if no factual disputes exist, effectively altering the eviction landscape. Tenants will now have only four days to respond to eviction claims and five days to appeal a judgment. Notably, they must swear under threat of perjury that their appeal is made in good faith, raising the stakes even higher.
Proponents, including State Sen. Paul Bettencourt (R-Houston), argue that the bill targets unauthorized property users and aims to reduce cases of squatting and non-payment. Bettencourt states, “I think we’ve struck the right balance between the property rights of the owners and the needs of the renters to drive out the squatters.”
However, critics voice alarm over the erosion of due process for tenants. Changes to eviction paperwork delivery methods, including electronic notices, may further complicate matters for renters. Krieger warns, “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.”
As the eviction rates in Travis County are on track to reach alarming new highs, concerns grow that the streamlined process could exacerbate the state’s homelessness crisis. Opponents fear that weakened tenant protections will strain government services such as shelters, food banks, and emergency medical care.
With the effective date looming, Texas renters and advocates are bracing for a tumultuous shift in their rights. The urgency surrounding SB 38 underscores the need for immediate awareness and action among those affected. As the clock ticks down to 2025, the impact of this law will be felt across the state, and the community is urged to stay informed.
Stay tuned for updates as this developing story unfolds. The implications of SB 38 are far-reaching, and the need for clarity and support for Texas renters has never been more crucial.
