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Texas Notice to Tenants of Intent to Sell

Texas does not require a landlord to give a tenant a statewide statutory notice of intent to sell, yet the new owner becomes liable for the security deposit the day they acquire the property under Texas Property Code 92.105. Our AI drafts a clear, tenant-ready notice in minutes, with attorney-review available before you send it.

Introduction

So, you're planning to sell your rental property in the Lone Star State, but you have a tenant. What's the protocol? While Texas law doesn't force you to send a formal 'Notice of Intent to Sell,' doing so is a savvy business move that prevents misunderstandings. The biggest legal detail to watch? Under Texas Property Code § 92.105, the responsibility for your tenant's security deposit shifts to the new owner the moment they take title. Our guide and AI-powered tool help you craft a clear notice that covers all the bases, from property showings to the all-important deposit handover.

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Key Things to Know

  1. 1

    Your tenant's fixed-term lease survives the sale. The new owner inherits the lease exactly as it is, binding them to its terms until it expires.

  2. 2

    Selling the property doesn't give you special grounds to end a month-to-month lease. You must still follow standard Texas notice rules for termination, completely separate from the sale process.

  3. 3

    Don't search for an official state-issued 'Notice to Sell' form because one doesn't exist in Texas. A custom, clearly written notice is the professional standard.

  4. 4

    Your legal disclosures about the property's condition are for the potential buyer, not your current tenant. The tenant's rights are governed by their lease, not the sale disclosures.

  5. 5

    In Texas, sending a notice of sale is considered a professional courtesy, not a legal mandate. While not required by state law, it's a crucial step for a transparent and conflict-free sale.

  6. 6

    The moment the property title changes hands, Texas Property Code § 92.105 makes the new owner responsible for the tenant's security deposit. Ensure this is handled correctly at closing.

  7. 7

    Check your lease agreement first for rules on entering the unit. Texas law doesn't set a default notice period for showings, so the terms you and your tenant agreed to in the lease are what control.

Key decisions before you file

Before you file a Notice to Tenants of Intent to Sell in Texas, a few decisions shape the document: which option to choose and what each one means. The Notice to Tenants of Intent to Sell guide walks through them.

Open the Notice to Tenants of Intent to Sell guide

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Courtesy Notice to Tenant: The Property is Being Sold

Date: ______________________

Tenant(s) Name(s): ______________________

Property Address: __________________________________________, Texas, ZIP ____________

Current Landlord / Owner Name: ______________________

Landlord Contact Information: ______________________

1. We're Selling the Property, and We Wanted You to Know.

Hello, this letter is to provide you with a courtesy notice that we have decided to sell the property you currently rent. While Texas law does not require landlords to issue a formal notice like this, we believe in open communication. Our goal is to make this process as transparent and non-disruptive as possible for you. This document outlines what you can expect in the coming weeks and months regarding your lease, property showings, and the handling of your security deposit.

2. Your Lease Agreement is Secure.

Let's get straight to the most important question: Does this mean you have to move? No. The sale of the property does not invalidate your current lease agreement.

  • For Fixed-Term Leases: If you have a lease for a specific term (e.g., one year), the new owner is legally required to honor it exactly as written. All terms, including your rent amount, due date, and lease expiration date, remain unchanged. You will simply have a new landlord.
  • For Month-to-Month Tenancies: Your tenancy continues under the new owner as well. If the new owner decides to terminate the tenancy, or if you wish to move, the standard Texas requirement for giving notice (typically 30 days' written notice) still applies. The sale itself doesn't change those rules.

3. How We'll Handle Property Showings.

To sell the property, we will need to allow prospective buyers to view it. We will do our best to minimize any inconvenience.

Access to the property for showings is governed by the "Landlord's Entry" clause in our lease agreement. We will provide you with reasonable advance notice before any scheduled showing. While Texas law doesn't define a specific timeframe, we will aim to give at least 24 hours' notice unless your lease specifies otherwise. We will try to schedule these appointments during normal business hours and will coordinate with you to find mutually agreeable times. Your cooperation in keeping the property tidy for these brief viewings is greatly appreciated.

4. Your Security Deposit is Protected Under Texas Law.

5. After the Sale is Final.

We value you as a tenant and appreciate your understanding and cooperation during this transition. You can learn more about this process and create your own documents with our tools. For a comprehensive solution, you can generate your own version at (/legal-document/notice-to-tenants-of-intent-to-sell).

Disclaimer: This is a general informational template and should not be considered legal advice. Selling a tenanted property involves specific legal duties. We recommend consulting with a qualified Texas attorney to ensure you comply with all applicable laws and the terms of your lease.

Texas Requirements for Notice to Tenants of Intent to Sell

No Statutory Notice-to-Sell Requirement

Texas does not have a statewide statute requiring a landlord to give a sitting tenant a formal notice of intent to sell, so the notice functions as a courtesy rather than a mandated filing.

Security Deposit Liability Transfers to New Owner

Under Texas Property Code § 92.105, the new owner becomes liable for returning the tenant's security deposit from the date the new owner acquires the dwelling, so the notice should confirm how the deposit is handled at closing.

Showing and Entry Notice Governed by Lease

Texas sets no statutory advance-notice period for showings or entry, so the notice period and access terms are controlled by the written lease agreement between the parties.

Lease Survives the Sale

A fixed-term lease generally continues under the new owner in Texas, and the sale alone does not terminate the tenancy unless the lease or a written agreement provides otherwise.

Month-to-Month Tenancy Handling

For month-to-month tenants, apply general Texas landlord-tenant standards for termination and access, because the state imposes no special sale-specific rule on periodic tenancies.

No Official State Form

Texas provides no single official form titled Notice to Tenants of Intent to Sell, so a clearly written custom notice identifying the parties, property, and deposit handling is used instead.

Buyer-Focused Disclosure Duties

The Texas Property Code directs disclosure duties toward the purchaser, such as the Seller's Disclosure of Property Condition under Section 5.008, rather than requiring a pre-sale disclosure to the tenant.

Attorney Review Recommended

Because deposit transfers and lease terms can be complex, having a licensed attorney review the notice before it is delivered to the tenant is a recommended best practice to ensure compliance.

Frequently Asked Questions

Texas fixes no statutory notice period, so the entry clause in your lease controls how much warning you owe. If the lease is silent on timing, give reasonable advance notice, which keeps the tenant cooperating when buyers want to walk through.

No. A fixed-term lease stays intact and moves over to the buyer, who has to honor it until the day it ends. Your tenant keeps the same rights and duties under the new ownership and is entitled to remain in the home through the full term.

No. Texas offers no official form for this, so the written notice is entirely yours to draft. Spell out that you plan to sell the property and lay out how showings will be scheduled with the tenant who is currently living there.

That comes down to what the lease says. Provide notice the way the entry clause requires and the tenant is generally bound to let you in for the showing. Turning you away after you have given proper notice can amount to a violation of the lease.

A sale by itself does not close out a month-to-month tenancy; it simply passes to the buyer. Either you or the new owner can end it with proper written notice, and in Texas that means giving a full 30 days under Texas Property Code Section 91.001.

As soon as I list the property, the first thing my notice does is confirm that I intend to sell. From there it explains how I will set up and time each showing, then it assures my tenant that their signed fixed-term lease keeps its full effect after the sale.

Before I consider the notice truly delivered, I rely on a method that leaves me a clear record of receipt. Placing it straight into my tenant's hands does the job, and so does certified mail with a return receipt or any route the lease itself approves.

Once ownership transfers, the security deposit I have kept moves along to the buyer as part of the deal. After that handoff, the new owner shoulders the job of holding those funds and giving them back to my tenant at the close of the tenancy.