Texas · TREC 15-7 / 16-7Texas temporary residential lease: seller leaseback and early move-in
When possession does not change at closing, Texas uses two TREC forms effective January 5, 2026: the Seller's Temporary Residential Lease (15-7), when the seller stays no more than 90 days after closing, and the Buyer's Temporary Residential Lease (16-7), when the buyer moves in no more than 90 days before closing. Both set rent per day, a deposit refunded with an itemized list within 30 days, a per-day holdover amount – and warn that possession may change insurance coverage.
The two forms
Seller's lease (15-7) – leaseback
The seller stays after closing, no more than 90 days. The lease starts when the sale is closed and funded; the full rent for the term is paid at funding; no refund if the seller leaves early by default or voluntarily.
Buyer's lease (16-7) – early move-in
The buyer moves in before closing, no more than 90 days. The full rent for the anticipated term (to the closing date) is paid at the start; differences are settled at closing; rent does not pay for items in the contract.
Deposit
Any unused part is refunded with an itemized list of deductions within 30 days after the tenant leaves and gives a forwarding address.
Holdover
A per-day amount the tenant pays for any possession after the lease ends, as damages.
Insurance
Both forms warn that possession by the other party as tenant may change insurance coverage – check with the insurers before move-in.
What the TC tracks
- The lease start and end dates – and that they stay within 90 days.
- Rent and deposit paid as the form requires (at funding for 15-7, at the start for 16-7).
- Keys and access codes handed over for inspections.
- The move-out date and the deposit refund deadline (30 days after move-out and forwarding address).
Questions about Texas temporary leases
What form is used for a seller leaseback in Texas?
TREC No. 15-7, Seller's Temporary Residential Lease, for a seller who stays no more than 90 days after closing (effective January 5, 2026).
What form is used when the buyer moves in before closing?
TREC No. 16-7, Buyer's Temporary Residential Lease, for no more than 90 days before closing.
When is the rent paid?
Under 15-7 the full rent for the term is paid at funding; under 16-7 the full rent for the anticipated term is paid when the lease starts.
When is the deposit refunded?
Within 30 days after the tenant surrenders possession and gives a forwarding address, with an itemized list of deductions.
What if possession lasts longer than 90 days?
These forms are only for up to 90 days; a longer occupancy needs a different lease – ask your broker or an attorney.
Texas forms
Add the lease move-in and move-out dates to the deal in ClosingCode – you get reminders before each one and clients get updates in English or Spanish.
Start free trialSource: Texas Real Estate Commission, TREC No. 15-7 Seller's Temporary Residential Lease and No. 16-7 Buyer's Temporary Residential Lease (11-03-2025, effective January 5, 2026).
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage, and it is not affiliated with TREC.