SB 38 and Round Rock Eviction Notices
· Jessica Duncan, Broker / REALTOR®
Senate Bill 38 changed Texas eviction procedure for suits filed on or after January 1, 2026. The practical effect for a Round Rock owner is that the notice you used in 2024 may be the wrong form, and the petition has to describe that notice correctly. Courts are also on a tighter timeline once a case is filed.
This is general information from a Round Rock property manager, not legal, tax, or financial advice. Texas rules change. Use a Texas attorney or CPA for your property, and call our office if we manage the house.
What to review with counsel or your manager
- When the lease requires a notice to pay or vacate versus a notice to vacate
- How the notice may be delivered, including any written agreement to send it electronically
- What the petition must say about the notice
- How unauthorized occupants are treated differently from a resident who has a lease
- Your lease's default language, which can still matter
On houses we manage, we use the current notice process and we do not freelance. If you are starting from a default, read eviction protection and then call. Do not file because a summary sounded close enough.
What changed for the notice, in plain language
Senate Bill 38 changed Texas eviction procedure for suits filed on or after January 1, 2026. The practical effect for a Round Rock owner is that the notice you used in 2024 may be the wrong form, and the petition has to describe that notice correctly. Courts are also on a tighter timeline once a case is filed. This article is not a substitute for the statute or for a Texas landlord-tenant attorney. If your facts are messy, call a lawyer before you post anything.
Review, with counsel or with your manager, when the lease requires a notice to pay or vacate versus a notice to vacate. Review how the notice may be delivered, including any written agreement to send it electronically. Review what the petition must say about the notice. Unauthorized occupants are not the same file as a resident who has a lease, and the paperwork should not pretend they are. Your lease's default language can still matter. Do not assume a summary you read online has the delivery method your lease requires.
On houses we manage, we use the current notice process and we do not freelance. Screening is still the first protection, because most files never reach a notice if the application was declined against a written standard. If you are starting from a default and we do not manage the property, read the eviction page and then call. We will tell you whether we can take the house on or whether you need a lawyer first. Do not file because a paragraph sounded close enough.
