A new Texas law billed as a crackdown on “squatters” is drawing fresh concern from tenant advocates who say it could also weaken protections for legitimate renters in a state already experiencing elevated eviction pressure.
Senate Bill 38 took effect Jan. 1, overhauling parts of Texas’ eviction process and creating a faster track for cases involving “forcible entry and detainer”—often described as squatters or trespassers.
Under the law, landlords can seek a summary disposition that may produce an eviction judgment in as few as five days from filing in those limited cases.
Tenant advocates argue the practical impact extends beyond squatters because SB 38 changes notice and court procedures for standard evictions, too.
The bill explicitly authorizes eviction-related notices by mail, delivery inside the unit, hand delivery to a tenant age 16 or older, or — if agree to in writing —electronic notice such as email, and it states the method restrictions do not apply if a tenant “actually receives” the notice. Advocates warn email notices can be missed or buried and say looser notice rules may create confusion for renters trying to track deadlines.
The law also limits the state’s ability to pause or adjust eviction procedures during emergencies — an issue heightened in a disaster-prone state.
The changes arrive amid a broader affordability and eviction crisis: more than 164,000 eviction filings in Texas’ four largest cities, and an estimated 91% of extremely low-income renters burdened by housing costs. In the Austin area, Travis County filings rose to their highest levels in years in 2025, raising fears that an accelerated system could push more households into displacement.
One tenant-friendly provision remains: for a first-time late rent episode, SB 38 requires a “pay rent or vacate” notice, creating a modest chance to cure before eviction escalates.
Separately, Texas has also advanced a criminal enforcement approach: Gov. Greg Abbott highlighted SB 1333 as empowering law enforcement to act quickly on sworn complaints about unlawful occupancy, reflecting the state’s dual civil-and-criminal response to squatting.
Guest:
Ben Martin is deputy director of Texas Housers.
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This episode will be recorded on Thursday, January 15, 2026, at 12:00 p.m.
