I think excessive regulation is generally bad, but some regulation of the real estate industry is indeed necessary, because there are many opportunities for bad actors to use naïve consumers. I`m glad TREC is doing what they`re doing, I just wish they`d give us more free forms! Fields are added to your document to make it easier to fill, send and sign this PDF file. Once completed, you can manually add additional fields and signatures to the document by pulling them from the toolbar. There is nothing to prevent you from obtaining a copy of the lease. The lease does not contain personal data that prohibits the lessor`s broker from providing a copy, so the lessor`s broker cannot use it as a justification. However, there is no requirement for the owner`s owner or real estate agent to give you one. First, you rightly asked the landlord`s broker for a copy of the lease. As he refused, you could ask the tenant directly because the tenant must receive a copy. (Chapter 1101.652 (b) (28) of the Real Estate Licensing Act authorizes TREC to take disciplinary action against a broker or seller who refuses to provide a copy of a transaction document to a person who has signed the document.) Buyers and sellers could be responsible. In accordance with section 92.105 of the Texas Property Code, the seller and buyer may be liable for the surety and the repayment of the deposit to the tenant at the end of the rent. The new owner is responsible for the return of the deposit from the date on which he acquires the property.

However, the seller is also responsible for the deposit he received from the tenant until the buyer gives the tenant a signed statement confirming that the buyer is the new landlord and has received the tenant`s deposit and is now responsible for it. The transfer of the bond at closing is now dealt with specifically in the TREC One to Four Family Residential Contract. Paragraph 9 (B) (5) now expressly states that “if the property is subject to a lease agreement, the seller (i) must provide the rental agreement and, if applicable, the collection form signed by the tenant to the buyer and (ii) transfer to the purchaser the bonds (defined in .92.102, land registry). In this case, the buyer must provide the tenant with a signed statement confirming that the buyer has received the security deposit and is responsible for the return of the deposit and indicates the exact dollar amount of the deposit. Texas REALTORS® Form 2210, Released to Tenant of Change in Management and Accountability for Security Deposit, could also be used for this purpose with some obvious changes. Note: Section 92.105 of the Texas Property Code does not apply to a real estate mortgage agent who acquires the property by foreclosure. Depends on the terms of the lease. The Texas Property Code requires a tenant to receive a written notification as part of a written lease or lease agreement to evacuate the premises at least three days before the lessor`s action – unless the parties agree to another period in a written lease.

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