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Tex. Prop. Code § 92.105

CESSATION OF OWNER'S INTEREST

Applied in 2 court decisions — leading case Consolidated Capital Special Trust v. Summers (1987)

Most recently applied in Hardy v. 11702 Memorial, Ltd. (October 2004)

Acts 1983, 68th Leg., p. 3640, ch. 576, Sec. 1, eff

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.