Texas Codes

Tex. Prop. Code § 92.105 (2026)

Cessation Of Owner's Interest

✓ current as of May 2026
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Sec. 92.105. 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.

(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.

Acts 1983, 68th Leg., p. 3640, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 305, Sec. 2, eff. Aug. 26, 1985.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 5, eff. January 1, 2016.

Notes of Decisions
Cited in 2 cases, 1987–2004 · leading case: Hardy v. 11702 Mem'l, Ltd., 176 S.W.3d 266 (Tex. App. 2004).
Hardy v. 11702 Mem'l, Ltd., 176 S.W.3d 266 (Tex. App. 2004). “Tex. Prop.Code Ann. § 92.105 (Vernon 1995).”
Consol. Capital Special Trust v. Summers, 737 S.W.2d 327 (Tex. App. 1987). “Tex.Prop.Code Ann. § 92.105 (Vernon 1984) (emphasis added).”
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