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Supreme Court of Texas, Defendant/Tenant’s Answer in an Eviction Case (2024-12-12)

Citation
Supreme Court of Texas, Defendant/Tenant’s Answer in an Eviction Case (2024-12-12)
Jurisdiction
Texas (state)
Source
Official source

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Use this form if:
‰ You want to terminate a written or oral lease of a residential tenant in a foreclosed property
who has not violated the terms of the lease. If the tenant has violated the terms of the lease,
use the Landlord’s Notice to Vacate Prior to Filing Eviction form instead. Visit Texas State
Library Tenant Rights in Foreclosure.

These FAQs and instructions are meant to be used with the New Owner’s Notice of Lease Termination
after Foreclosure form. Read these instructions carefully.

Frequently Asked Questions:

1. What is the Protecting Tenants at Foreclosure Act (PTFA)?

The federal Protecting Tenants at Foreclosure Act (PTFA) gives residential tenants certain rights in
foreclosed properties. The PTFA states what notice a buyer of a foreclosed residential property
must give tenants and when a tenant may stay until the end of their lease.

2. Does the PTFA protect residential tenants who have violated their lease?

No. After foreclosure, the new property owner may evict a tenant who is not paying rent or has
otherwise violated the terms of the lease. If the tenant violates the terms of the lease, you must
give the tenant a written notice to vacate. All other terms in the lease remain in effect.

If you are the new owner of a foreclosed property, it is a good idea to send the tenant written
notice of where to pay rent and proof that you are the new owner.

3. Do all residential tenants living in a foreclosed property have these rights under the PTFA?

No. The PTFA only applies to a “bonafide tenant” with a “bonafide lease.”

A tenant is not a bonafide tenant with a bonafide lease if the tenant: