Texas Renters’ Rights in a Foreclosure: What You Need to Know

If you’re renting a home or apartment in Texas and learn that your landlord is facing foreclosure, you may be unsure about your rights, how long you can stay, and what steps to take next. Understanding your rights as a renter during a foreclosure can help you maintain housing stability and respond confidently to any notices or changes. This guide explains what Texas renters need to know if their landlord’s property is being foreclosed.

What Happens When a Landlord’s Property is Foreclosed in Texas?

When a property owner (your landlord) falls behind on mortgage payments, the lender may initiate foreclosure, which is the legal process of taking back the property and selling it to cover debt. As a renter, you’re not responsible for your landlord’s mortgage, but foreclosure can still affect your tenancy.

Your Rights Under Federal and Texas Law

The Protecting Tenants at Foreclosure Act (PTFA) is a federal law that helps protect tenants during a foreclosure. In Texas, this law means most bona fide tenants have the right to stay in the property for at least 90 days after receiving a written eviction notice—even if the property is sold.^[1]

• You cannot be evicted solely because of the foreclosure until you have received proper notice.
• If you have a lease, the new owner must honor your lease until it expires (with some exceptions if they will live in the home themselves).
• If you rent month-to-month, you must receive at least 90 days’ written notice before being required to move.

Required Notices You Should Receive

Texas law requires you to be notified about an upcoming eviction due to foreclosure. Typically, this comes as a "Notice to Vacate." The official eviction process in Texas is governed by the Texas Property Code: Title 4, Chapter 24 – Forcible Entry and Detainer.^[2]

• The new owner (often the lender) must give you a written notice to vacate at least 90 days in advance.
• If you do not move out after the notice period, they must file an eviction case through the Justice of the Peace Court.

Tribunal Handling Residential Tenancies in Texas

Eviction cases in Texas are handled by the Justice of the Peace Courts. These courts oversee the formal eviction process and resolve disputes between landlords and tenants.

Official Forms for Texas Renters in a Foreclosure

• Notice to Vacate: There is no standard statewide form, but the notice must be delivered according to Texas Property Code § 24.005. If you receive a Notice to Vacate after a foreclosure sale, this likely means an eviction process could follow.
• Tenant Answer to Eviction Suit (Justice Court Form): If the new owner files for eviction, you may file an official "Answer" in the Justice of the Peace Court.
  Find the Civil Case Forms, including eviction answers. Use these to respond if you wish to contest the eviction or need more time.
  Example: If you receive an eviction citation, complete an Answer form stating why you believe you should stay (such as not getting proper notice) and file it with the Justice Court before your hearing date.

If You’re Served with an Eviction Citation

You can also request a trial by jury instead of a judge by making this request in your written answer.

Action Steps If Your Rental Is Being Foreclosed

• Keep paying your rent unless instructed otherwise by the new owner or a court.
• Document all communications and keep copies of any notices you receive.
• Respond promptly to any eviction petition by filing an Answer with the appropriate Justice Court.
• If you have a written lease, keep a copy handy—you may be able to stay until the lease ends, depending on the buyer’s intentions.
• Consider seeking legal help if you’re unsure about your rights or if you feel you weren’t given proper notice.

FAQ: Texas Renters and Foreclosure

1. Can my landlord’s foreclosure cancel my lease?
   Federal law usually requires the new owner to honor your lease until it ends, unless they plan to move in. If you rent month-to-month, you must get a 90-day notice.
2. How much notice must I get if the property was sold at foreclosure?
   You are entitled to at least 90 days’ written notice before being required to move out, no matter your lease type.
3. Where do I go if I receive an eviction notice after foreclosure?
   You must attend a hearing at your local Justice of the Peace Court, which handles eviction cases in Texas.
4. Should I keep paying rent after foreclosure?
   Yes, keep paying rent to the rightful owner or as directed. Ask for written instructions about where to pay after foreclosure.
5. What should I do if I believe I was not properly notified?
   File an "Answer" with the Justice Court and bring evidence (such as copies of your lease or correspondence) to your eviction hearing.

Key Takeaways for Texas Renters

• You have the right to at least 90 days’ notice before eviction after a foreclosure sale.
• The new owner often must honor your current lease unless they plan to move in themselves.
• Justice of the Peace Courts oversee eviction proceedings in Texas.

Knowing your notice rights and how to respond can help you stay housed or prepare for changes if your rental is foreclosed.

Need Help? Resources for Renters

• Texas Department of Housing and Community Affairs (TDHCA) – Renter assistance and information
• TexasLawHelp.org: Tenants’ Rights in Foreclosure – Guides and legal aid contacts
• Justice of the Peace Courts Locator – Find your local court for eviction matters
• HUD: Protecting Tenants at Foreclosure Act

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1. Protecting Tenants at Foreclosure Act (PTFA), 12 U.S.C. § 5220 Note. Federal Law Text
2. Texas Property Code: Title 4, Chapter 24 – Forcible Entry and Detainer. Relevant Statute

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