Letter to Tenant at Sufferance
[Date]
[Name and address of tenant]
Re: Lease of [specify, e.g., apartment]
[Salutation]
Our law firm represents [name of foreclosure buyer] (the “new owner”), which has purchased at foreclosure sale on [date] the property located at [address] [include if applicable: and known as the [name of property]]. We have been informed that you continue to occupy suite [number] and that you previously entered into a lease of these premises with [name of old owner], the former owner of [name of property]. We have been requested by the new owner to notify you that because your lease was subordinate to the lien foreclosed at the foreclosure sale, your right to lease the suite terminated at the sale, and you are currently a “tenant at sufferance.” As a tenant at sufferance of the new owner you owe rent to the new owner for the period that commenced on the day the new owner purchased the [name of property], but you have no right of continued occupancy for the term specified in the lease with the old owner.
The new owner is interested in discussing terms under which it might be willing to enter into a new lease for your continued occupancy [include if applicable: at the [name of property]]. You should immediately contact [name of foreclosure buyer] at [address] if you are interested in leasing the suite. A copy of the new owner’s standard lease form is enclosed. Execution of a new lease will be contingent on execution of a written lease on terms satisfactory to the new owner. Oral discussions do not constitute a lease. If a new written lease is not executed by you and the new owner on or before [date] (the vacation date), you are hereby notified that you must vacate the suite by 5:00 p.m. on the vacation date. On vacating the premises, you should leave it locked, deposit the key with [name], and not damage the premises in the removal of your personal property. You will be liable to the new owner for any damages to the premises.
This letter is the demand to vacate the premises as provided in section 24.005 of the Texas Property Code, a copy of which is enclosed. If a new lease is not executed before the vacation date and you have not vacated the premises by the time and date specified, the new owner will be forced to institute a forcible entry and detainer or forcible detainer action to evict you. In such case this letter is the notice required by section 24.006 of the Texas Property Code, a copy of which is also enclosed, that if you do not vacate the premises within ten days after the vacation date and the new owner files suit, the court may award the new owner a judgment against you for the new owner’s attorney’s fees and the costs of the eviction suit.
Any payments accepted previously or hereafter by the new owner from you are only for the temporary use of the premises by you as a tenant at sufferance and do not ratify or revive the old lease you made with the old owner and do not create a new lease or tenancy with you other than a tenancy at sufferance.
You might seek reimbursement from the old owner for any security deposits or prepaid rents. The new owner will not be liable to return those to you.
If you have any questions, please do not hesitate to contact us.
Sincerely yours,
[Name of attorney]
Attorney for [name of foreclosure buyer]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
Enc.
Certified Mail No. [number]
Return Receipt Requested
c: [name of old owner]
c: [name of new owner]