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Chapter 34

Form 34-1

Notice to Vacate

[Date]

[Name and address of tenant]

Re:  Notice of foreclosure and change in ownership; three-day notice to vacate and demand for possession; alternative thirty-day notice to vacate and demand for possession to ten­ants; notice of termination of lease

Property:     [address of property]

[Salutation]

NOTICE IS HEREBY GIVEN THAT [name of foreclosure purchaser] acquired title to the above-referenced Property as a result of a foreclosure sale. Pursuant to the terms of the foreclosed-upon deed of trust, you are now a tenant at sufferance.

Pursuant to sections 24.002(b) and 24.005 of the Texas Property Code, [name of fore­closure purchaser] hereby terminates your tenancy at sufferance. This letter constitutes for­mal and final demand that you vacate the Property no later than three days following the delivery of this letter. In the event you fail to comply with this demand, this firm has been authorized to immediately file suit against you seeking possession of the Property.

NOTICE TO TENANT(S)

Pursuant to Texas state law, if you are a tenant in the Property and have paid rent to your landlord for the month of the foreclosure sale and before receiving notice of the foreclo­sure referred to above, you must vacate the Property within thirty days from the date this notice is delivered. If this paragraph is applicable, you must provide our office with a copy of your lease agreement and proof of your last lease payment.

NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS

The Servicemembers’ Civil Relief Act (SCRA, 50 U.S.C. App. §§ 3901–4043), as amended, grants active service members of the United States Armed Forces or a dependent of such an active service member certain rights, which include the temporary suspension of judi­cial and administrative proceedings against active service members and their dependents, and which rights can extend for up to one year after any active duty period concludes. Please note that you may wish to consult an attorney, or your local military legal liaison, to help you determine what rights you may have, if any, under the SCRA.

The seriousness of the actions suggested in this letter warrant your immediate attention.  If you believe any of the referenced protections may apply to you or if you have any other questions or concerns, please contact our office.

Sincerely yours,

   
[Name of attorney]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]

Certified Mail No. [number]