Texas eviction practice is speeding up again—especially for cases filed on or after January 1, 2026, when Senate Bill 38 (SB 38)rewrites key procedures in Texas Property Code Chapter 24.
But one “COVID-era” rule never really left: the federal CARES Act 30-day notice requirement for certain properties (the ones people often call “CARES Act covered dwellings”).
So what changed? Not the federal rule—but how Texas procedure now forces lawyers, landlords, and tenants to think about it in a faster, more rigid state-court eviction machine.
1) The CARES Act rule that still matters in Texas eviction cases
The rule in plain English
If the property is a “covered dwelling” under the CARES Act, the landlord generally cannot require the tenant to vacate earlier than 30 days after the landlord gives the notice to vacate.
This is why Texas courts and court resources continue to warn that some evictions require a 30-day notice even though Texas often uses a 3-day notice.
“Covered dwelling” (quick concept)
Covered dwellings typically include many properties that:
- participate in certain federal housing programs, or
- have certain federally-backed mortgage financing structures.
(That “covered” status is a fact question and is often the real battleground.)
2) What SB 38 changes in Texas eviction procedure (effective January 1, 2026)
SB 38 doesn’t repeal federal law. What it does is tighten and accelerate Texas eviction procedure, which makes compliance with federal notice rules more consequential—because procedural defects can become case-ending faster.
Here are a few practical SB 38 shifts that matter when CARES Act notice is in play:
A. Texas presuit notice becomes more “ground-specific”
SB 38 rewrites the framing of presuit notice under § 24.005. For nonpayment of rent, Texas keeps a baseline “at least three days’ written notice” before filing (unless the lease changes it), and clarifies that notice may be a “pay rent or vacate” notice or a notice to vacate.
But SB 38 also signals that when the eviction is filed on grounds other than nonpayment, the landlord is not required to give presuit notice under Chapter 24.
Why this “reframes” CARES Act analysis:
Because the CARES Act 30-day requirement is not a Texas Chapter 24 rule—it’s a federal overlay. So post-SB 38, lawyers are more likely to separate issues into:
- Texas presuit notice required? (depends on grounds under SB 38)
- Federal CARES Act notice required anyway? (depends on covered dwelling + circumstances)
B. The petition becomes more formalized (and mistakes get punished sooner)
SB 38 adds a sworn petition requirement and tightens what an eviction filing must look like.
Why that matters: if CARES Act applies, a tenant-side defense often becomes:
“Your notice was legally insufficient (wrong length / wrong timing), so the suit is premature.”
In a faster system, that defense can be raised early and force a reset.
C. Texas is limiting procedural “improvisation”
SB 38 includes language restricting who can modify/suspend eviction procedures (placing that authority with the Legislature in the bill text).
That matters because CARES Act compliance arguments often arise in the same universe as “special rules,” emergency orders, and evolving practice guides. (Those emergency-era frameworks exist historically, but SB 38 pushes Texas toward a more locked-in statutory workflow going forward.)
3) The practical takeaway: SB 38 makes CARES Act compliance a higher-stakes tripwire
In many Texas nonpayment cases, landlords are used to:
- send a 3-day notice to vacate, then
- file quickly in JP court.
But if the unit is a CARES Act covered dwelling, the correct play is often:
- 30-day notice (federal) before filing, not 3 days.
Texas landlord-focused and court-focused resources keep repeating the same warning: the 30-day CARES Act requirement “has never expired” for covered properties, particularly in nonpayment contexts.
In a quicker SB-38 world, “file now, fix later” becomes risky—because a tenant who knows to raise the CARES Act issue can force dismissal/abatement and buy time (or leverage) early.
4) A simple CARES Act + Texas eviction checklist (2026-friendly)
For landlords (and landlord counsel)
- Step 1: Determine if the property is a “covered dwelling.”
Don’t guess. Document how you determined it. - Step 2: If covered and nonpayment is the basis, assume you need a 30-day notice.
- Step 3: Draft the notice so the deadline is unambiguous.
Avoid mixed messaging (“3 days” language on a “30 days” situation). - Step 4: Keep proof of delivery.
SB 38 practice is trending toward tighter pleading/proof expectations. - Step 5: File with a clean, sworn petition that matches your notice theory.
For tenants (and tenant counsel)
- Step 1: Ask: is the property CARES Act covered?
Many tenants don’t realize it might be. - Step 2: If it is covered, scrutinize the notice timeline.
“3-day notice” may be defective in a covered-dwelling nonpayment case. - Step 3: Raise it early (answer, motion, or at trial), and request the remedy you want
(dismissal, abatement, reset of notice, etc.).
5) FAQs
Does the CARES Act still affect Texas evictions in 2026?
Yes. Texas legal resources still warn that the CARES Act can require 30 days’ notice in certain eviction situations involving covered properties.
Does SB 38 eliminate the 3-day Texas notice to vacate?
No. SB 38 continues the general “at least three days’ written notice” concept for nonpayment cases (unless the lease changes it), but reframes how Chapter 24 presuit notice fits depending on the eviction grounds.
If CARES Act applies, do I use 3 days or 30 days?
If the unit is a covered dwelling and the CARES Act notice rule applies, 30 days can control, even if Texas would otherwise allow a shorter presuit notice.
Disclaimer
This article is for general information only and is not legal advice. Eviction rules can be fact-specific (lease language, property status, notice delivery method, and local justice court practice all matter). If you want advice for a specific Texas eviction, talk to a Texas lawyer.
At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.