Does a landlord have to provide a seller’s disclosure notice to a tenant?

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10/29/2015 | Author: Editorial Staff

Does a landlord have to provide a Seller’s Disclosure Notice to a tenant entering into a lease?

No. The section of the Texas Property Code which requires the notice does not apply to any lease transaction.

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Categories: Property Management, Legal
Tags: legal faq, property management, forms


Linda Osborn on 11/04/2015

I agree that IABS should always be presented and signed. If there are issues with the property that concern the safety and security of the tenant, these should AWAYS be resolved or disclosed before a tenant occupies the property (especially as dictated by Texas Property Code), but other than these specific areas, there is really no reason to provide property disclosures to tenants. Of course, the Lead Based Paint Addendum should be provided to tenants for properties built before 1978. I would argue that this IS a safety issue that should be disclosed. In my opinion, it is our job to inform landlords of Texas Property Code requirements, and to inform them that it is in their best interest to take good care of both their properties and their tenants.

Judy McKee on 11/04/2015

I totally disagree with the current law as it pertains to leases. I have requested many times that the exemption for tenants on delivering IABS and Seller Disclosure is contradiction to the agency laws and the canons in the TREC Rules. Who do I need to talk to about getting this changed.

Linda Ramsey on 10/29/2015

Also the Addendum Regarding Lead Based Paint for Leases TAR 2008 should be shared if the property was built prior to 1978.

Cindy Hoover on 10/29/2015

Debbie, I think you are thinking about the Information of Broker Services.  It says that you don’t have to have the tenant sign one if the lease is less than 1 year, however, always best to do it anyway just to cover yourself!!

Debbie Russell on 10/29/2015

This is true BUT, I thought that if the lease was for more than 1 year then YES the seller’s disclosure had to be signed.  Do I remember this incorrectly, or did it used to be that way; or is it that way now, if on a long term lease?

Steve Young on 10/29/2015

I have been using the “Owner’s Notice Concerning Condition of Property” form (TAR)-2206 for quite a while. I’ve had it come in very handy if I need to remind the owner of an issue owner had declared or handling a tenant issue that was already addressed on the form. Using this with the landlord/property mgmr. & tenant property condition forms along with good pictures sure does make an owners or property manager’s life a lot easier!

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Legal disclaimer

The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on Any legal or other information found here, on, or at other sites to which we link, should be verified before it is relied upon.

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