If the home I rent is being foreclosed on will I get my deposit of first and last month rent back?
Full Question:
I have a two year lease. I have made all payments on time. I have been in the house for a year and a half on a two year lease. I gave a security deposit the equivalent of the first months rent plus the last months rent. The landlord is loosing the house to the bank at the end of the month. Do I still have to pay the last months rent and let the land lord keep my deposit.
06/13/2007 |
Category: Landlord Tenant |
State: Texas |
#6399
Answer:
The applicable Texas statutes are as follows:
§ 92.105 PROP. 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,
regardless of whether notice is given to the tenant under Subsection (b)
of this section.
(b) The person who no longer owns an interest in the rental premises
remains liable for a security deposit received while the person was the
owner until the new owner delivers to the tenant a signed statement
acknowledging that the new owner has received and is responsible for the
tenant's security deposit and specifying the exact dollar amount of the
deposit.
(c) Subsection (a) does not apply to a real estate mortgage lienholder
who acquires title by foreclosure.
§ 92.103 PROP. Obligation to Refund
(a) Except as provided by Section 92.107, the landlord shall refund a
security deposit to the tenant on or before the 30th day after the date
the tenant surrenders the premises.
(b) A requirement that a tenant give advance notice of surrender as a
condition for refunding the security deposit is effective only if the
requirement is underlined or is printed in conspicuous bold print in the
lease.
(c) The tenant's claim to the security deposit takes priority over the
claim of any creditor of the landlord, including a trustee in
bankruptcy.
§ 92.1031 PROP. Conditions for Retention of Security Deposit or Rent
Prepayment
(a) Except as provided in Subsection (b), a landlord who receives a
security deposit or rent prepayment for a dwelling from a tenant who
fails to occupy the dwelling according to a lease between the landlord
and the tenant may not retain the security deposit or rent prepayment
if:
(1) the tenant secures a replacement tenant satisfactory to the
landlord and the replacement tenant occupies the dwelling on or before
the commencement date of the lease; or
(2) the landlord secures a replacement tenant satisfactory to the
landlord and the replacement tenant occupies the dwelling on or before
the commencement date of the lease.
(b) If the landlord secures the replacement tenant, the landlord may
retain and deduct from the security deposit or rent prepayment either:
(1) a sum agreed to in the lease as a lease cancellation fee; or
(2) actual expenses incurred by the landlord in securing the
replacement, including a reasonable amount for the time of the landlord
in securing the replacement tenant.
§ 92.104 PROP. Retention of Security Deposit; Accounting
(a) Before returning a security deposit, the landlord may deduct from
the deposit damages and charges for which the tenant is legally liable
under the lease or as a result of breaching the lease.
(b) The landlord may not retain any portion of a security deposit to
cover normal wear and tear.
(c) If the landlord retains all or part of a security deposit under
this section, the landlord shall give to the tenant the balance of the
security deposit, if any, together with a written description and
itemized list of all deductions. The landlord is not required to give the
tenant a description and itemized list of deductions if:
(1) the tenant owes rent when he surrenders possession of the
premises; and
(2) there is no controversy concerning the amount of rent owed.
§ 92.1041 PROP. Presumption of Refund or Accounting
A landlord is presumed to have refunded a security deposit or made an
accounting of security deposit deductions if, on or before the date
required under this subchapter, the refund or accounting is placed in the
United States mail and postmarked on or before the required date.
§ 92.108 PROP. Liability for Withholding Last Month's Rent
(a) The tenant may not withhold payment of any portion of the last
month's rent on grounds that the security deposit is security for unpaid
rent.
(b) A tenant who violates this section is presumed to have acted in bad
faith. A tenant who in bad faith violates this section is liable to the
landlord for an amount equal to three times the rent wrongfully withheld
and the landlord's reasonable attorney's fees in a suit to recover the
rent.
§ 92.109 PROP. Liability of Landlord
(a) A landlord who in bad faith retains a security deposit in violation
of this subchapter is liable for an amount equal to the sum of $100,
three times the portion of the deposit wrongfully withheld, and the
tenant's reasonable attorney's fees in a suit to recover the deposit.
(b) A landlord who in bad faith does not provide a written description
and itemized list of damages and charges in violation of this
subchapter:
(1) forfeits the right to withhold any portion of the security deposit
or to bring suit against the tenant for damages to the premises; and
(2) is liable for the tenant's reasonable attorney's fees in a suit to
recover the deposit.
(c) In an action brought by a tenant under this subchapter, the
landlord has the burden of proving that the retention of any portion of
the security deposit was reasonable.
(d) A landlord who fails either to return a security deposit or to
provide a written description and itemization of deductions on or before
the 30th day after the date the tenant surrenders possession is presumed
to have acted in bad faith.
§ 92.201 PROP. Disclosure of Ownership and Management
(a) A landlord shall disclose to a tenant, or to any government
official or employee acting in an official capacity, according to this
subchapter:
(1) the name and either a street or post office box address of the
holder of record title, according to the deed records in the county
clerk's office, of the dwelling rented by the tenant or inquired about by
the government official or employee acting in an official capacity; and
(2) if an entity located off-site from the dwelling is primarily
responsible for managing the dwelling, the name and street address of the
management company.
(b) Disclosure to a tenant under Subsection (a) must be made by:
(1) giving the information in writing to the tenant on or before the
seventh day after the day the landlord receives the tenant's request for
the information;
(2) continuously posting the information in a conspicuous place in the
dwelling or the office of the on-site manager or on the outside of the
entry door to the office of the on-site manager on or before the seventh
day after the date the landlord receives the tenant's request for the
information; or
(3) including the information in a copy of the tenant's lease or in
written rules given to the tenant before the tenant requests the
information.
(c) Disclosure of information to a tenant may be made under Subdivision
(1) or (2) of Subsection (b) before the tenant requests the information.
(d) Disclosure of information to a government official or employee must
be made by giving the information in writing to the official or employee
on or before the seventh day after the date the landlord receives the
request from the official or employee for the information.
(e) A correction to the information may be made by any of the methods
authorized for providing the information.
(f) For the purposes of this section, an owner or property manager may
disclose either an actual name or names or an assumed name if an assumed
name certificate has been recorded with the county clerk.
§ 92.202 PROP. Landlord's Failure to Disclose Information
(a) A landlord is liable to a tenant or a governmental body according
to this subchapter if:
(1) after the tenant or government official or employee makes a request
for information under Section 92.201, the landlord does not provide the
information; and
(2) the landlord does not give the information to the tenant or
government official or employee before the eighth day after the date the
tenant, official, or employee gives the landlord written notice that the
tenant, official, or employee may exercise remedies under this subchapter
if the landlord does not comply with the request by the tenant,
official, or employee for the information within seven days.
(b) If the tenant's lease is in writing, the lease may require the
tenant's initial request for information to be written. A request by a
government official or employee for information must be in writing.
§ 92.203 PROP. Landlord's Failure to Correct Information
A landlord who has provided information under Subdivision (2) or (3) of
Subsection (b) of Section 92.201 is liable to a tenant according to this
subchapter if:
(1) the information becomes incorrect because a name or address
changes; and
(2) the landlord fails to correct the information on or before the
seventh day after the date the tenant gives the landlord written notice
that the tenant may exercise the remedies under this subchapter if the
corrected information is not provided within seven days.
§ 92.205 PROP. Remedies
(a) A tenant of a landlord who is liable under Section 92.202, 92.203,
or 92.204 may obtain or exercise one or more of the following remedies:
(1) a court order directing the landlord to make a disclosure required
by this subchapter;
(2) a judgment against the landlord for an amount equal to the tenant's
actual costs in discovering the information required to be disclosed by
this subchapter;
(3) a judgment against the landlord for one month's rent plus $100;
(4) a judgment against the landlord for court costs and attorney's
fees; and
(5) unilateral termination of the lease without a court proceeding.
(b) A governmental body whose official or employee has requested
information from a landlord who is liable under Section 92.202 or 92.204
may obtain or exercise one or more of the following remedies:
(1) a court order directing the landlord to make a disclosure required
by this subchapter;
(2) a judgment against the landlord for an amount equal to the
governmental body's actual costs in discovering the information required
to be disclosed by this subchapter;
(3) a judgment against the landlord for $500; and
(4) a judgment against the landlord for court costs and attorney's
fees.