Legal Question in Real Estate Law in Texas

Deposits & Leases

I recently aquired a rental property, my question is, am i responsible for the deposit given

to the previous owner? Or, should he return their

deposit to the tenant, and I collect a new one?

also do I have to honor the existing lease or

can I have a new lease draw up.

thank you


Asked on 2/01/01, 10:43 pm

1 Answer from Attorneys

Re: Deposits & Leases

That all depends on how you acquired the property, if by foreclosure, or by contract or ??? Also, if this is a commercial lease, then the lease may have been wiped out by the sale of the property (check the lease to be sure, as there may be an estoppel clause in it.)

If you want the path of least resistance, then I would recommend your honoring the prior deposit and getting a new lease just to be safe.

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Answered on 3/16/01, 11:08 am


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