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Texas Statutes (Last Updated: January 4, 2014) |
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PROPERTY CODE |
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Title 5. EXEMPT PROPERTY AND LIENS |
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Subtitle B. LIENS |
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Chapter 64. ASSIGNMENT OF RENTS TO LIENHOLDER |
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Subchapter B. ASSIGNMENT OF RENTS |
Sec. 64.056. FORM OF NOTICE TO TENANT
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The following form of notice, when properly completed, satisfies the requirements of Section 64.055(a):
NOTICE TO PAY RENTS TO PERSON OTHER THAN LANDLORD
Tenant: [Name of tenant]
Property Occupied by Tenant (the "Premises"): [Address]
Landlord: [Name of landlord]
Assignee: [Name of assignee]
Address of Assignee and Telephone Number of Contact Person: [Address of assignee] [Telephone number of person to contact]
1. Assignee is entitled to collect rents on the Premises under [Name of Document] (the "Assignment of Rents") dated [Date of Assignment of Rents], and recorded at [Recording Data] of [Name of County] County, Texas. You may obtain additional information about the Assignment of Rents and the Assignee's right to enforce it at the address of the Assignee.
2. A default exists under the Assignment of Rents or related documents between the Landlord and the Assignee. The Assignee is entitled to collect rents from the Premises.
3. This notice affects your rights and obligations under the agreement under which you occupy the Premises (your "Lease Agreement"). Unless you have otherwise agreed in a document signed by you, if your next scheduled rental payment is due within 30 days after you receive this notice, you will not be in default under your Lease Agreement for nonpayment of that rental payment until the 10th day after the due date of that payment or the 30th day following the date you receive this notice, whichever occurs first.
4. You may consult a lawyer at your expense concerning your rights and obligations under your Lease Agreement and the effect of this notice.
5. You must pay to the Assignee at the Address of the Assignee all rents under your Lease Agreement that are due and payable on the date you receive this notice and all rents accruing under your Lease Agreement after you receive this notice.
6. If you pay rents to the Assignee after receiving this notice, the payment will satisfy your rental obligation to the extent of that payment.
7. If you pay any rents to the Landlord after receiving this notice, your payment to the Landlord will not discharge your rental obligation, and the Assignee may hold you liable for that rental obligation notwithstanding your payment to the Landlord unless you occupy the Premises as your primary residence.
8. If you have previously received a notice from another person who also holds an assignment of the rents due under your Lease Agreement, you should continue paying your rents to the person that sent that notice until that person cancels that notice. Once that notice is canceled, you must begin paying rents to the Assignee in accordance with this notice.
Name of assignee: __________
By: [Officer/authorized agent of assignee]