In Texas, landlords are legally obligated to inform their tenants if they decide to sell the property that they are renting out. In such cases, tenants have specific rights afforded to them. So let’s talk about a landlord selling house tenants rights in Texas.
If the property is sold before the lease term is over, the tenant’s lease is not automatically terminated. Instead, the new owner of the property becomes the tenant’s landlord and is required to honor the terms of the existing lease.
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Can a landlord break a lease to sell the property in Texas?
As we already said, yes. Landlords have the right to sell the property, but that doesn’t mean that it is legal. If a landlord wishes to sell the property they are renting, it must be explicitly mentioned in the lease agreement signed by both parties.
If the lease contains a clause allowing the landlord to sell the property if a buyer is available, the tenant must follow the landlord’s instructions. This means that if a new owner buys the property, the old owner will no longer have any say over the tenant’s stay.
This situation often leads to tenant evictions, so it is crucial to go through the lease and comprehend all the terms and conditions. However, the new owner can choose to keep the previous tenants. The only change for the tenant in such a scenario is that they will have to pay the new owner and follow their rules regarding the property acquisition.
Tenants rights in Texas when landlord sells house
If you are a tenant wondering “What are my rights if my landlord sells the house in Texas?” you are in the right place. When talking about tenants rights when landlord sells property, it is important to consider several factors, both on the part of the tenant and the landlord.
Tenants’ rights in Texas when landlord selling house
As a tenant in Texas, you have certain rights when your landlord decides to sell the house you are renting. Firstly, your lease agreement will remain valid even if the property is sold. Your new landlord will be required to honor the terms of the lease until it expires. If you have a fixed-term lease agreement, your new landlord cannot evict you before the lease ends unless there is a breach of the lease agreement.
If you are on a month-to-month lease agreement, your new landlord must give you written notice to vacate at least 30 days before the end of your rental period. The ownershould deliver this notice to you personally or mail it via certified mail.
What are the obligations of the Landlord selling the house?
If a landlord sells their rental property in Texas, they must follow specific rules and regulations. These ensure a smooth and legal sale process while respecting their tenants’ rights.
- Provide a Notice: Before listing the rental property for sale, the landlord must notify tenants in writing. They must deliver this notice to each tenant personally or by certified mail at least 60 days before the sale. The notice must include the sale date, the new owner’s name, and the address.
- Transfer of Lease Agreement/Continuation of Renting: If the rental property has tenants, the lease agreement transfers from the seller to the new owner. The new owner must honor the existing lease. The tenant can continue renting under the same terms unless the lease says otherwise.
- No Changes to Lease Terms: If the tenant has a fixed-term lease, the new landlord cannot raise the rent or change other lease terms. If the property sells again, the new landlord must honor the existing lease.
- Proper Notice for Changes: If the tenant has a month-to-month tenancy, the new landlord can raise the rent or change other tenancy terms with proper notice. The new landlord can also evict the tenant with a cause or no cause. That is possible as long as it complies with Texas law.
- Access for Showings: The landlord must give the tenant 24 hours’ notice before anyone enters the property for showings. The tenant can refuse entry if they don’t receive the notice or if the entry is unreasonable.
How much notice does a landlord have to give a tenant to move out in Texas?
Furthermore, if the new owner wishes to terminate your lease, they must provide you with a written notice to vacate. They must give the notice at least 30 days before the end of the rental period. However, if the new owner plans to live in the property, they can terminate your lease with a 60-day written notice to vacate.
What landlords cannot do in Texas?
In Texas, landlords cannot discriminate against tenants based on race, color, national origin, religion, sex, familial status, or disability. They also cannot retaliate against tenants for exercising their legal rights, like complaining about unsafe living conditions or requesting repairs.
Landlords are required to provide habitable housing. The property must have working plumbing, heating, and electricity. It must also ensure that the property is free from pests and other health hazards. Landlords cannot enter a tenant’s rental unit without proper notice, typically 24 hours in advance, except in emergencies.
