Sec. 92.105. CESSATION OF OWNER'S INTEREST. (a) If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired.
(b) The new owner shall deliver to the tenant a signed statement acknowledging that the new owner has acquired the property and is responsible for the tenant's security deposit and specifying the exact dollar amount of the deposit.
(b-1) The person who no longer owns an interest in the rental premises is liable for a security deposit received while the person was the owner until the new owner has received the deposit or has assumed the liability for the deposit, unless otherwise specified by the parties in a written contract.
(c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure.
Acts 1983, 68th Leg., p. 3640, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 305, Sec. 2, eff. Aug. 26, 1985.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 5, eff. January 1, 2016.
Structure Texas Statutes
Chapter 92 - Residential Tenancies
Subchapter C. Security Deposits
Section 92.102. Security Deposit
Section 92.103. Obligation to Refund
Section 92.1031. Conditions for Retention of Security Deposit or Rent Prepayment
Section 92.104. Retention of Security Deposit; Accounting
Section 92.1041. Presumption of Refund or Accounting
Section 92.105. Cessation of Owner's Interest
Section 92.107. Tenant's Forwarding Address
Section 92.108. Liability for Withholding Last Month's Rent
Section 92.109. Liability of Landlord
Section 92.110. Lease Without Security Deposit; Required Notice