Staying in Your Home After Closing? TREC's Seller's Temporary Lease

The short answer

Yes, you can sell your Tyler or Longview home and stay in it for a short time after closing, but put it in writing. The standard Texas resale contract says the seller hands over possession at closing and funding or under a temporary residential lease. For a stay of 90 days or less, the Texas Real Estate Commission (TREC) has a form for exactly this: the Seller's Temporary Residential Lease (TREC No. 15-7). Without a written lease, the contract says the arrangement becomes a "tenancy at sufferance," which is a weak position for both sides.

Why a leaseback comes up

Sellers ask for a few extra days or weeks for ordinary reasons: the next house isn't ready, movers are booked for the following week, or the kids need to finish a school term. Buyers sometimes agree, especially when it helps the deal come together. The question isn't whether it's allowed. It's how to document it.

What the contract says about possession

Paragraph 10 of TREC's One to Four Family Residential Contract (Resale), TREC No. 20-19 gives two checkbox options for when the seller delivers possession to the buyer:

• Upon closing and funding, or
• According to a temporary residential lease form promulgated by TREC or another written lease required by the parties.

The same paragraph warns that any possession by the seller after closing that isn't authorized by a written lease establishes a tenancy at sufferance, tells both parties to consult their insurance agent before ownership and possession change because coverage may be limited or terminated, and notes that the absence of a written lease or the right insurance may expose the parties to economic loss.

What TREC's Seller's Temporary Residential Lease covers

TREC's Seller's Temporary Residential Lease form page says the form is used only when the seller occupies the property for no more than 90 days after closing. The current version, TREC No. 15-7, is dated 11-03-2025, shows an effective date of January 5, 2026 on TREC's site, and replaces 15-6. In the lease, the buyer is the Landlord and you, the seller, are the Tenant. Key terms:

• Term: starts when the sale closes and funds, and ends on the date you fill in.
• Rent: set per day, excluding the closing day, with the full amount paid at funding. If the lease ends early because you default or move out voluntarily, you don't get a rent refund.
• Deposit: paid at funding. The buyer refunds any unused portion with an itemized list of deductions within 30 days after you move out and give written notice of your forwarding address.
• Utilities: you pay them, except any the parties list for the buyer.
• Condition: you accept the property as it is when the lease starts, and must surrender it in the condition the sales contract requires, except normal wear and tear and casualty loss.
• Repairs and maintenance: unless the lease says otherwise, you pay for repairs and upkeep, including the yard, trees, and shrubs.
• Access: the buyer may enter at reasonable times to inspect, and you provide keys and access codes.
• No alterations, no subletting, and no pets except those the lease lists.
• Insurance: each party keeps the insurance it considers appropriate, and the form warns in capital letters that possession by the seller as tenant may change insurance coverage.
• Default: if you don't cure a failure within 24 hours after notice, you're in default.
• Holding over: staying past the end date creates a tenancy at sufferance and costs the per-day amount written into the lease, plus other remedies.

The form also says the Texas Property Code's security-device requirements don't apply to a residential lease of 90 days or less, and it has you waive the landlord's duty to inspect and repair smoke alarms.

Questions to settle before you sign

1. How many days, exactly? Pick a real end date with a little cushion. Holding over is expensive.
2. What's the daily rent and deposit? Both are negotiable, and both are paid at funding.
3. Who pays which utilities? List any exceptions in the lease.
4. Insurance. Call your agent. The contract and the lease both flag that coverage can change once you're no longer the owner.
5. Smart devices. Paragraph 10B of the resale contract requires the seller, when delivering possession, to give the buyer the access codes and passwords for smart devices and to terminate the seller's own access. Plan that handoff for move-out day.
6. More than 90 days? TREC's form isn't built for that. Talk with your agent and an attorney about a different written lease.

How it fits the rest of the deal

A leaseback is one more set of dates to manage alongside the ones in the contract. If you're still early in the process, our guides to the termination option period and earnest money deadlines cover the other timelines sellers need to track.

This is general information from TREC's promulgated forms, not legal advice. TREC's lease itself says real estate license holders can't give legal advice and tells you to consult an attorney before signing if you don't understand it.

Soft next step

On The Market Texas helps East Texas homeowners with free home-value estimate requests reviewed by a local specialist, with no obligation to list. If you're planning a sale in the Tyler or Longview area and need time after closing, raise it early so it's part of the offer, not a last-minute surprise.

Takeaway: Need to stay after closing? For 90 days or less, use TREC's Seller's Temporary Residential Lease, set a firm end date, settle rent, deposit, and utilities in writing, and call your insurance agent before you sign.