Texas Condo conversion protections

Condo conversion protections in Texas

Under Tex. Prop. Code § 82.160, a declarant of a condominium that contains a conversion building must give each residential tenant or subtenant in possession notice of the conversion at least 60 days before the date the declarant will require that person to vacate. A conversion building is a building that, at any time before the condominium was created, was occupied wholly or partly by persons other than purchasers and persons who occupy with the purchasers' consent. The notice must state generally the rights of tenants and subtenants under § 82.160 and must be hand-delivered to the unit or mailed by certified United States mail, return receipt requested, to the tenant or subtenant at the address of the unit or any other mailing address that person provided. The declarant may not require a tenant or subtenant to vacate on less than 60 days' notice, except for nonpayment of rent, waste, or conduct that violates the rental agreement or is illegal, and the terms of the tenancy may not be altered during that period. Failure to give the required notice is a defense to an action for possession. If the notice specifies a date by which the unit or proposed unit must be vacated and otherwise complies with Tex. Prop. Code § 24.005, it also constitutes legal notice to vacate on that date for purposes of § 24.005. A declarant may not terminate a lease in violation of its terms. Unless the rental agreement expressly authorizes it, a declarant may not make substantial alterations to the interior of a leased premises for purposes of a condominium conversion. Section 82.160 applies to condominiums whose declaration is recorded on or after January 1, 1994, and to older condominiums that are governed by chapter 82 because the unit owners voted to amend the declaration to have the chapter apply and recorded that amendment, or because a declaration or amendment recorded before January 1, 1994, states that chapter 82 will apply in its entirety on January 1, 1994. Section 82.160 is not among the chapter 82 sections that apply on their own to a condominium whose declaration was recorded before January 1, 1994, and that did not opt in. Section 82.154 (extra statements in the condominium information statement for a conversion building) is a purchaser-disclosure rule and is not a tenant purchase right; it is not summarized here. Example: a residential tenant still in possession cannot be required to leave on 30 days' notice solely because of the conversion. The declarant must give at least 60 days' notice, unless the tenant has failed to pay rent, committed waste, or engaged in conduct that violates the rental agreement or is illegal.

Verified Source: Tex. Prop. Code §§ 82.002, 82.003(9), 82.160 · last checked 2026-11-12