New 2026 Eviction Law Changes Rules for Texas Landlords and Tenants

As we ring in 2026, Forney residents and property owners alike are facing a significant shift in the local housing landscape. Effective January 1, 2026, Senate Bill 38 (SB 38) has officially overhauled the Texas eviction process, aiming to modernize procedures while speeding up cases involving unauthorized occupants.

For Kaufman County landlords, the new law promises a “rocket docket” for certain cases, while tenants gain a specific new protection against immediate eviction for their first late rent payment. Here is what you need to know about the new rules governing your home or rental property.

Major Changes to Notice and Filing

One of the most immediate shifts involves how landlords must notify tenants of a problem. The 2026 law expands the legal ways a “Notice to Vacate” can be delivered.

  • Electronic Notices: Landlords can now send notices via email or online portals if the tenant agreed to this method in writing (such as in the lease).
  • The “First-Time” Grace Rule: If the only issue is unpaid rent and the tenant has only been late once during the lease term, the landlord must provide a “notice to pay rent or vacate”. This gives the tenant a chance to pay and stay. However, if rent is late more than once, the landlord can proceed directly to a standard “notice to vacate,” which does not require them to accept the late payment.
  • Faster Service: Once a case is filed in Justice Court, constables now have a strict five-business-day window to attempt service of the citation to the defendant.

Cracking Down on “Squatters”

A central pillar of SB 38 is the expedited removal of unauthorized occupants or “squatters.” In cases where a person entered the property without permission and refuses to leave, the court can now use a summary disposition

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