Consider a tenant who receives an eviction notice and thinks they can delay their response for a few days. This could be a risky decision in Texas this year.

To get straight to the point, SB 38 is not a law that accelerates court dates but rather one that reduces the time for delays. Therefore, saying "the trial has been expedited" is only half true.

This law was enacted on January 1, 2026, after being signed by the governor on June 20, 2025. It applies to eviction lawsuits filed after that date, while cases filed before will follow the old law.

The Texas Supreme Court has also completely rewritten Rule 510 of the Civil Procedure Rules. The version I checked is from October 1, 2026, and it notes a comprehensive revision in the comments.

Let's go through this step by step. The notice period for eviction before a lawsuit is still generally 3 days, and if specified in the lease, that period applies.

The Texas legal aid site TexasLawHelp explains that many leases set this period to one day. So, you should check your contract first.

If the only reason for eviction is unpaid rent and the tenant has no prior late payments before the month of notice, the landlord must notify them in the form of 'pay the rent or vacate.' If there is already a history of late payments, the landlord can simply send an eviction notice.

Methods of notification include mail, leaving it in a conspicuous place inside the home, or delivering it directly to a tenant over 16 years old. Electronic notices are only allowed if both parties have agreed in writing.

Once the lawsuit is filed, the trial will be scheduled between the 10th and 21st day after filing. As far as I know, this framework has existed for a long time, but what has changed is that it has become harder to shake this framework.

A trial cannot be held before 4 days have passed since the notice was served. Delays cannot exceed 7 days unless both parties agree in writing.

If the constable fails to serve the notice within 5 business days after filing, the landlord can request the court to assign it to another trained law enforcement officer. This is quite a practical measure for landlords.

The most critical point for tenants is the application for a summary judgment. If this application is attached to the lawsuit, the tenant must respond within 4 days of service, and if there is no response, a judgment can be made without a trial.

This 4-day rule originally targets illegal occupancy, meaning cases where someone has entered and occupied without permission. Different procedures apply to regular lease disputes.

However, TexasLawHelp warns that even if the landlord files incorrectly, the tenant must still respond within 4 days. Don't ignore it if you feel wronged; it's best to submit a response first.

A response is not mandatory. However, if you do not submit a response and do not appear in court, the contents of the lawsuit will be accepted as is, resulting in a default judgment.

Deadlines are counted by calendar days. The day of the event is excluded, and weekends and holidays are included; if the last day falls on a weekend or holiday, it moves to the next weekday.

The deadline for appeals after a judgment is 5 days from the date of the judgment signature. The tenant must confirm that they have a legitimate defense and are not just delaying, under the threat of perjury.

For residential properties, the tenant must deposit one month's rent with the court within 5 days after filing an appeal. If they fail to pay the subsequent rent on time, the landlord can request a judgment for eviction without a hearing if they have received the legally required notice.

An eviction order will not be issued before the 6th day after the judgment is signed and the day after the appeal deadline. No eviction order will be issued after 60 days from the judgment unless the court extends it up to 90 days for valid reasons.

From the landlord's perspective, while things have become easier, their documentation responsibilities have also become clearer. The lawsuit must be filed with a sworn statement, and if a summary judgment is requested, all supporting facts and documents must be attached.

Local courts are also prohibited from requiring additional content in the lawsuit or mandating adjustment procedures through their own rules. However, this does not mean that notification procedures can be done carelessly.

Properties like federally assisted housing, which have separate notification periods under federal regulations, need to be examined more closely. While lawsuits can be filed, eviction orders cannot be executed until that period has passed.

Even within the same area, circumstances can vary. Lawsuits must be filed in the justice precinct where the property is located, so the court responsible for an apartment near Royal Lane may differ from that of a suburban house to the north.

In Carrollton alone, it spans three counties: Dallas, Denton, and Collin. It's essential to check which court is responsible based on your home address.

Constable schedules may also vary, so it would be misleading to equate the deadlines written in law with actual execution dates. I have not been able to verify how much the actual time required has decreased since implementation according to official counts from Dallas County.

To add my thoughts, this law does favor landlords, but considering the struggles of landlords who have suffered from illegal occupancy for a long time, it is understandable. However, the 4-day timeframe is too short for tenants who are unfamiliar with English documents.

Therefore, whether you are a tenant or a landlord, I would recommend marking the deadlines on your calendar as soon as the documents are exchanged. Detailed judgments vary by case, so be sure to check with a Texas attorney or legal aid organization.

Both sides face tight schedules. In eviction lawsuits, the party that is a few days late will find themselves at a disadvantage.