How are tenants rights protected when house is foreclosed on in Texas?

Question

I have a lease and I have paid the rent until the end of August. A broker came by today and said the house was foreclosed on and I have 3 days to move out (I assume the broker bought it). I cannot reach the landlord. What are my rights as a tenant in Texas when the house has been foreclosed on? Thanks

Answer 1

it is unforunate but as a renter during a foreclosure the only right you have is to leave.

you paid your rent on time, in good faith believing that your landlord was paying his bills...but not so.

here is a website with the foreclosure laws and timelines for each state...it may help you---just click on the state and read.

http://www.foreclosures.com/pages/state_laws.asp

it is unforunate that this is happening across the nation. I deal with families in your situation every day, and their only recourse is to stop paying rent, pack up and move---because it is a real possibility that either the sheriff (marshall) will put you out or the new owners will evict you...and you do not want either of those things to happen.

Some families have called the bank or mortgage company (you can find this info from the tax accessor) and talked with them...many have been referred to the trustee who is handling the sale of the property.

Note---you have already lost your deposit....since he does not have money for his mortgage, neither does he have your deposit.

again, i am sorry for what you ar going through...god bless and good luck :)

Answer 2

see http://tenant.net/Other_Areas/Texas/txlihs/tenadvis.html#anchor1011286

this discussion says the new owner after foreclosure has to give you 30 days notice unless you've breached the lease.


google has lots of other references to Texas laws.

{added: 4. Security deposits. A lienholder who acquires title by foreclosure is not liable for the return of security deposits. Tex. Prop. Code §92.105(c). -- so you'll have to go after your landlord for this ... and he likely went broke. found with google}


GL