Bill Text: TX HB1218 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to foreclosure sales of residential real property occupied by a tenant.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-01 - Referred to Business & Industry [HB1218 Detail]
Download: Texas-2011-HB1218-Introduced.html
82R5640 NC-D | ||
By: Miles | H.B. No. 1218 |
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relating to foreclosure sales of residential real property occupied | ||
by a tenant. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 24.005(b), Property Code, is amended to | ||
read as follows: | ||
(b) If the occupant is a tenant at will or by sufferance, the | ||
landlord must give the tenant at least three days' written notice to | ||
vacate before the landlord files a forcible detainer suit unless | ||
the parties have contracted for a shorter or longer notice period in | ||
a written lease or agreement. If a building is purchased at a tax | ||
foreclosure sale or a trustee's foreclosure sale under a lien | ||
superior to the tenant's lease and the tenant timely pays rent and | ||
is not otherwise in default under the tenant's lease after | ||
foreclosure, the purchaser must give a residential tenant of the | ||
building at least 90 [ |
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purchaser chooses not to continue the lease. The tenant is | ||
considered to timely pay the rent under this subsection if, during | ||
the month of the foreclosure sale, the tenant pays the rent for that | ||
month to the landlord before receiving any notice that a | ||
foreclosure sale is scheduled during the month or pays the rent for | ||
that month to the foreclosing lienholder or the purchaser at | ||
foreclosure not later than the fifth day after the date of receipt | ||
of a written notice of the name and address of the purchaser that | ||
requests payment and, if applicable, pays to the purchaser each | ||
rental payment that becomes due under the existing lease after the | ||
month of the foreclosure sale and before the date on which the | ||
tenant is required to vacate. Before a foreclosure sale, a | ||
foreclosing lienholder may give written notice to a tenant stating | ||
that a foreclosure notice has been given to the landlord or owner of | ||
the property and specifying the date of the foreclosure. | ||
SECTION 2. The changes in law made by this Act apply only to | ||
residential real property purchased at a foreclosure sale on or | ||
after the effective date of this Act. Residential real property | ||
purchased at a foreclosure sale before the effective date of this | ||
Act is governed by the law in effect immediately before the | ||
effective date of this Act, and that law is continued in effect for | ||
that purpose. | ||
SECTION 3. This Act takes effect September 1, 2011. |