URGENT UPDATE: Texas renters are facing a significant shift in their rights as Senate Bill 38 is poised to take effect on January 1, 2025. Signed into law by Governor Greg Abbott, this new legislation aims to bolster property owners’ rights, but critics warn it may complicate the eviction process for tenants.
Just announced, the bill allows landlords to expedite evictions, a move that has alarmed advocates for tenants’ rights. Shoshana Krieger, project director for local group Building and Strengthening Tenant Action (BASTA), states, “The passage of SB 38 will make the eviction process faster, and that’s concerning.” Currently, evictions can occur within 21 days, but the new law now includes a summary judgment process that could further hasten proceedings.
Under SB 38, tenants will be required to respond to eviction claims within 4 days and have only 5 days to appeal any judgment. Importantly, they must now swear under threat of perjury that their appeal is made in good faith, a change that Krieger argues could disadvantage many already vulnerable renters.
This legislation is framed by its proponents as a necessary measure against unauthorized use of property, including squatting and consistent rent non-payment. State Sen. Paul Bettencourt, who sponsored the bill, emphasizes, “We’ve struck the right balance between property rights and renters’ needs.” However, many fear the balance tips too far in favor of landlords, potentially eroding due process for tenants.
With eviction rates in Travis County projected to reach record highs, concerns are mounting that this streamlined eviction process could worsen the state’s homelessness crisis. Critics argue that weak tenant protections may lead to greater reliance on government services, such as shelters and food banks.
The implications of SB 38 will be felt immediately, with many renters unsure of how these changes will impact their rights and responsibilities. The law’s shift to allowing electronic delivery of eviction notices raises additional confusion, as Krieger notes, “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 Texas prepares for this transformative change, the community is urged to stay informed about their rights and the evolving landscape of rental laws. The effective date on January 1, 2025, is just over a year away, and with the clock ticking, both renters and landlords must brace for the effects of this landmark legislation.
Stay tuned for ongoing coverage as this story develops, and share your thoughts on how SB 38 could impact renters across Texas.
