Texas · TREC 15-7Texas seller rent-back: the Seller's Temporary Residential Lease (TREC 15-7)
When the seller needs to stay in the home after closing, Texas license holders use TREC No. 15-7, the Seller's Temporary Residential Lease (version 11-03-2025, replacing 15-6). It is for use only when the seller occupies the property for no more than 90 days after closing. The lease starts when the sale closes and funds; the seller-tenant pays a daily rent – excluding the day of closing – for the whole term at funding, plus a deposit that the buyer-landlord refunds, less itemized deductions, within 30 days after the seller moves out and gives a forwarding address. The seller pays utilities unless the form says otherwise, maintains and repairs the property, and must surrender it in the condition the sales contract requires, except normal wear and tear and casualty loss. Staying past the end date is a tenancy at sufferance with a daily holdover amount as damages. A tenant who does not start curing a default within 24 hours after notice is in default.
What the form sets
Use
Only when the seller occupies the property for no more than 90 days after closing.
Term
From the date the sale is closed and funded to the end date filled in (¶3).
Rent
A daily amount, excluding the closing day, paid in full for the term at funding; no refund for early surrender or default (¶4).
Deposit
Paid at funding; unused part refunded with an itemized list within 30 days after move-out and a forwarding address (¶5).
Holdover
Possession after the end date is a tenancy at sufferance; a daily amount as damages (¶19).
Default
Failure to start curing within 24 hours after the landlord's notice (¶17).
Insurance and risk
- Each party keeps the insurance it deems appropriate; the form warns that the seller's possession as tenant may change coverage (¶16).
- The seller-tenant indemnifies the buyer against third-party claims from the seller's use (¶15).
- Security device rules of the Property Code do not apply to a lease of 90 days or less (¶22); the tenant waives the landlord's duty to inspect and repair smoke alarms (¶21).
What the TC tracks
- The lease signed with the contract or before closing, and the rent and deposit on the settlement statement.
- The move-out date as a task, with the final walkthrough after the seller leaves.
- The 30-day deposit refund deadline after move-out and the forwarding address.
Questions buyers and sellers ask
How long can a seller stay after closing in Texas?
TREC 15-7 is for use only when the seller occupies the property for no more than 90 days after closing; longer stays need a different lease.
When is rent paid on a Texas seller rent-back?
The daily rent for the whole term, excluding the day of closing, is paid at funding of the sale (TREC 15-7 ¶4).
When does the seller get the deposit back?
Within 30 days after the seller surrenders possession and gives a written forwarding address, less itemized deductions (¶5).
Related guides
Put the move-out date, the walkthrough after move-out and the deposit refund deadline on the deal in ClosingCode as tasks with an owner and due date.
Start free trialSource: Texas Real Estate Commission, TREC No. 15-7 Seller's Temporary Residential Lease (11-03-2025), trec.texas.gov, read October 25, 2026.
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. TREC forms are for use by trained license holders. This guide is not a substitute for the advice or services of an attorney.