Legal Question in Real Estate Law in Texas

Should I or Shouldn't I.

I purchase a home 2/12/07 in Houston. I have a tenant there. The tenant claims he paid the previous owner 4 months of rent. He provided a not so good copy of the cancelled check. Is the tenant or the previous owner responsible for paying for the 4 months rents that is owed? Is it legal to contact the previous owner regarding this?


Asked on 6/13/07, 6:25 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Should I or Shouldn't I.

Why would it be illegal to contact the previous owner? A landlord holds payments not yet due or as security deposits in trust and should turn them over to a new buyer. If the tenant paid the rent to the old owner the tenant does not owe you anything. If the prior owner kept a separate bank account for rent payments, demand to see a copy of all deposits and withdrawals.

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Answered on 6/13/07, 6:40 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Should I or Shouldn't I.

Neither Mr. Shers nor I are Texas lawyers (as far as I know), and this question invokes Texas law, but based on general principles applicable in most jurisdictions I would say he is probably right.

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Answered on 6/13/07, 10:31 pm


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