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Renting a home that is being foreclosed

Notice periods for tenants under Texas and federal law.

Tenants in a foreclosed home

A tenant who pays rent on time usually gets more time than a former owner.

  • Texas: a residential tenant who is current gets at least 30 days’ written notice if the purchaser ends the lease (Prop. Code § 24.005(b)).
  • Federal law (Protecting Tenants at Foreclosure Act) gives many bona fide tenants 90 days’ notice or the rest of the lease; Texas law says a writ cannot be served before a federal notice period runs (§ 24.005(c-1)). Confirm with legal aid.
  • Keep paying rent as the notice directs and keep receipts.

Tex. Prop. Code § 24.005(b), (c-1)

Related guides

Techoclaro is not a law firm and this is not legal advice. No one can promise a result. Free legal aid and HUD-approved housing counselors can review your situation. Sources are listed with each rule.