Renting a home that was foreclosed in Texas: your rights

Your rights as a renter in Texas, in order

1. Federal floor: 90 days' notice, and your lease may continue

   After the sale

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant gets at least 90 days' written notice to vacate, and a lease signed before the foreclosure runs to its end unless the buyer will live in the home. If you have a Section 8 voucher, the new owner takes over your lease and housing assistance contract. See [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/).

   Pub. L. 111-22 § 702; Pub. L. 115-174 § 304; 42 U.S.C. § 1437f(o)(7)

2. Texas: 30 days' written notice if you keep paying

   At least 30 days before you must leave

   If the home is bought at a trustee's or tax foreclosure sale and you pay rent on time and are not otherwise in default, the buyer must give you at least 30 days' written notice to vacate if it chooses not to continue your lease. Federal law can give you more time, and the longer period applies.

   Tex. Prop. Code § 24.005(b)

3. Who to pay during the month of the sale

   The month of the foreclosure sale, and 5 days after notice

   Your rent counts as on time for that month if you paid the landlord before you got any notice of a scheduled sale, or if you pay the lender or new owner within 5 days after you get a written notice with the buyer's name and address asking for payment. The lender may also send you a notice before the sale saying the sale is set. Ask in writing who to pay if you are unsure, and keep every receipt.

   Tex. Prop. Code § 24.005(b)

4. An eviction case can be filed, but the writ waits for the federal period

   Since January 1, 2026

   A Texas landlord that gives the state notice is not required to wait for a federal notice period before filing an eviction suit, and the federal rule is not grounds to delay the case. But the writ of possession cannot be served on you until the time since the notice to vacate equals or exceeds the federal period. If you are served with an eviction petition, answer it and go to the hearing.

   Tex. Prop. Code § 24.005(c-1)

5. Your security deposit: a foreclosing lender is not responsible

   When you move out

   A new owner who buys rental property is normally liable for your deposit, but that rule does not apply to a mortgage lender that takes title by foreclosure. Your former landlord stays liable for the deposit until a new owner receives it or agrees in writing to take it on. Ask both in writing, and keep your lease and payment records.

   Tex. Prop. Code § 92.105

6. If the landlord stops paying utilities in the lease

   From the utility's cutoff notice

   If your landlord agreed to pay water, gas or electric service and the utility cuts off or warns it will cut off service for the landlord's unpaid bill, you can pay the utility and deduct it from rent with a receipt, or end the lease in writing and move within 30 days, and recover certain damages. A landlord also cannot shut off utilities you pay for directly.

   Tex. Prop. Code §§ 92.301, 92.008(a)

Common questions in Texas