If you are one of the thousands of older renters in Texas, 2026 is already looking like a year of major transition. While many seniors choose to rent for the flexibility and lack of maintenance, the legal landscape under your feet just shifted significantly on New Year’s Day. Two major pieces of legislation, HB 2904 and SB 38, have officially gone into effect, fundamentally changing how lease renewals and evictions work across the state. For those living on fixed incomes like Social Security, these changes aren’t just legal footnotes; they are critical factors in maintaining housing stability this year. Understanding these new rules is the first step in protecting your right to a peaceful and predictable home life.
The New “10% Rule” for Lease Renewals
One of the most talked-about changes for older renters in Texas is the introduction of HB 2904. This bill was designed to add a layer of predictability to the rental market by placing a “cap” on how much a landlord can hike your rent from one term to the next.
For most standard residential leases, landlords are now prohibited from increasing rent by more than 10% unless they have performed major renovations on the property within the last year. If you live in designated “affordable housing,” that cap is even tighter, restricted to just a 5% increase. While this sounds like a win, it also means many landlords may now view a 10% increase as the “standard” or “expected” hike rather than a rare occurrence.
SB 38 and the “Expedited” Eviction Landscape
While HB 2904 offers some price protection, SB 38 introduces a much faster and more aggressive eviction process that has many advocates for older renters in Texas on high alert. This law, often referred to as the “eviction reform” bill, was primarily aimed at removing unauthorized occupants and squatters, but its provisions apply to traditional tenants as well.
The law streamlines the timeline for a “writ of possession,” essentially creating what some call a “rocket docket” for justice of the peace courts. For a senior who might be waiting on a delayed pension check or a Medicare reimbursement, this shortened window leaves almost zero room for error. If a landlord files for eviction, the court is now required to act within 10 to 21 days, a pace that can feel dizzying for those who need extra time to find legal aid.
The Removal of Counterclaims in Court
Perhaps the most controversial part of SB 38 for older renters in Texas is the new restriction on what can be discussed in an eviction hearing. Previously, if a senior was being evicted for non-payment but the landlord had ignored a broken HVAC system or a leaking roof for months, the tenant could bring that up as a “counterclaim” during the hearing.
Under the new 2026 rules, justice courts are strictly prohibited from adjudicating counterclaims or third-party joinders during the eviction suit. This means the judge is only looking at one thing: the right to possession of the property based on the lease terms. If you have a separate grievance about repairs or harassment, you are now required to file an entirely separate lawsuit in a different court, which is a costly and exhausting hurdle for many older adults.
New Notice Requirements and Digital Options
The way you receive news about your lease is also changing for older renters in Texas. Under the updated Property Code, landlords have more flexibility in how they deliver a “Notice to Vacate” or a lease renewal offer. If you have agreed to it in your written lease, these notices can now be sent via email, which can be a double-edged sword for seniors who may not check their digital inbox as frequently as their physical mail.
However, the law does include a small “silver lining” for those who are late for the first time. For tenants who have no prior history of delinquency, the landlord must provide a notice that specifically offers a “pay rent or vacate” option, giving you a small window to settle the debt before a formal suit is filed.
Navigating the “Major Renovation” Loophole
Landlords looking to bypass the 10% rent cap under HB 2904 may point to the “major renovation” clause, which is a significant concern for older renters in Texas. The law allows for higher rent increases if the dwelling or premises underwent significant improvements in the 12 months preceding the new lease term.
For many seniors living in older complexes, this could lead to a wave of “forced upgrades”—like new flooring or appliances—that are used to justify a 20% or 30% jump in rent. It is vital to keep a record of any work done on your unit; if the landlord claims a “major renovation” but only replaced a faucet, they could be liable for three times the overcharged rent plus damages under the new law.
Staying Secure in the Lone Star State
As older renters in Texas continue to navigate these new waters, the key to staying housed is meticulous documentation and early communication. The “rocket docket” nature of SB 38 means you cannot afford to ignore a single letter or email from your property management team. If you are facing a rent hike that exceeds the 10% cap without clear proof of renovations, don’t be afraid to cite HB 2904 in your negotiations. While the state has prioritized property owner rights this year, the new laws also provide specific penalties for landlords who play fast and loose with the rules. By staying informed and acting quickly, you can ensure that your golden years in Texas remain stable, regardless of how the legislative winds blow.
Are you currently dealing with a lease renewal that feels unfair under the new 2026 rules? Leave a comment below and share your experience.
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