Quick answer
If a seller asks to stay in a Dallas-area home after closing, the buyer can consider a seller leaseback. Under the current Texas Real Estate Commission (TREC) Seller's Temporary Residential Lease, Form 15-7, the seller can occupy the property for no more than 90 days after closing. Once the purchase closes and funds, the buyer is the landlord under the temporary lease, while the seller remains as tenant. Agreeing to a leaseback is a separate decision from agreeing on the purchase price.
1. Separate closing from the day you get possession
Buying the property and moving into it can happen on different days.
| Event | What it means to the buyer |
|---|---|
| Contract accepted | Parties negotiate price, closing and any temporary occupancy |
| Closing and funding | Purchase completes; the temporary lease can begin |
| Seller remains temporarily | Buyer owns the property but cannot simply move in during the agreed occupancy |
| Lease ends and seller surrenders | Buyer receives the agreed possession, subject to actual compliance and handoff |
The signed documents, not a seller's verbal moving estimate, should specify the possession arrangement.
2. Read the current Texas form, not an old example
TREC lists Form 15-7 as the current Seller's Temporary Residential Lease, effective January 5, 2026. Its stated use is for a seller remaining no more than 90 days after closing. The form is designed for trained real-estate license holders and advises consulting an attorney when necessary.
Read the current TREC form with your agent or counsel. Do not assume a blank downloadable form is suitable for every transaction.
Important: A 90-day maximum in the TREC form is not a promise that your mortgage lender or insurer will accept every leaseback duration. Confirm their actual conditions before agreeing.
3. Write down the move-out date and access rules
TREC 15-7 states that the term begins when the sale closes and funds and ends on the written date, subject to its other provisions. It also addresses the buyer/landlord's access for inspections during the temporary lease.
Before accepting a leaseback, ask:
- What exact calendar date must the seller surrender possession?
- When will keys, garage remotes and access codes be fully handed over?
- What access for inspections will the buyer need while the seller occupies?
- Is your own move, movers or contractor visit dependent on that possession date?
A date should be meaningful in your real schedule. Avoid planning a same-day move based only on a hoped-for early departure.
4. Understand rent, deposit and utilities
The TREC form uses a daily rental amount and states that the full rent for the lease term is paid at funding, excluding the closing/funding day. It includes a security-deposit provision and spaces to allocate utility responsibility and pet exceptions.
| Lease item | Ask before signing |
|---|---|
| Daily rent | What amount is agreed and how is the total handled at closing? |
| Security deposit | What amount, custody and refund process apply under the completed form? |
| Utilities | Who pays each bill while the seller remains? |
| Pets | Are any permitted; are terms in writing? |
| Access | What keys/codes and reasonable inspection access does the buyer receive? |
| Holdover | What does the signed lease say if the seller stays after the end date? |
Illustrative equation (not a market price): Daily rent × lease-covered days = agreed lease rent. Do not assume a typical Dallas daily rent.
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This tool does not decide legal compliance, lender eligibility, insurance coverage, holdover remedies or whether you should accept a leaseback.
5. Check insurance and the mortgage terms separately
The TREC lease specifically warns that continued seller possession may change insurance coverage and tells the parties to consult their insurance agents. The buyer should ask the insurer how the policy applies from the funding date while the seller occupies the home.
If you are financing the purchase, tell the lender about the proposed leaseback before you commit. Ask whether the purchase and occupancy schedule fit that specific loan's requirements. Avoid treating a rule quoted on a real-estate blog as the lender's underwriting decision. The Cash-to-Close guide explains why closing-day funds and later possession are different questions.
6. Document condition and plan the final handoff
The form addresses the condition of the property at the start and end of the temporary lease, along with repairs and maintenance. A practical buyer should ask how the parties will document condition just before funding and again at surrender.
You can agree on an orderly, written process to check for obvious new damage, confirm keys and access and address any permitted deposit deductions according to the applicable signed terms and law. This is a process checklist, not a guarantee against damage or delayed possession.
7. Understand what a late departure could mean
TREC 15-7 includes a holding-over section and a place to specify daily damages after the lease ends. That clause is not a guarantee that the seller will leave on time or that any legal remedy is instantaneous.
If a late move-out would disrupt your own home sale, school arrangements, moving expenses or temporary housing, discuss that risk before accepting the offer terms. For complex possession disputes or custom provisions, use a qualified Texas real-estate attorney.
8. Compare three choices before you agree
| Choice | What you gain | What you give up or risk |
|---|---|---|
| No leaseback; possession at closing | Clearer immediate move-in planning | May not fit a seller's timing |
| Short, written leaseback | Potentially more flexible offer terms | Buyer owns the home before receiving possession |
| Different closing date | May align possession with funding | Can affect lender lock, movers, contract deadlines or seller timing |
There is no single right answer. The decision depends on the signed documents, lender/insurance approval and the buyer's actual move-in requirements.
A buyer's checklist for a Dallas leaseback
- Request the exact term and possession date before finalizing the offer.
- Read the latest TREC 15-7, not a prior edition.
- Confirm rent, deposit, utilities, access and holdover language in writing.
- Have the lender and insurer review the actual arrangement.
- Plan property-condition documentation and the final key handoff.
- Get appropriate legal help for special terms or material uncertainty.
Considering another DFW property?
You can browse Amoni's available homes and compare each property's actual possession terms with your financing and move-in plans.
Buyers should complete their own inspection, title, loan and insurance due diligence. This is an educational resource, not a recommendation to accept a leaseback.
Frequently asked questions
Is a seller leaseback the same as the buyer's early possession?
No. A seller leaseback addresses seller occupancy after closing. TREC also has a separate Buyer's Temporary Residential Lease for certain buyer occupancy before closing. Use the correct form for the actual arrangement.
How long can the seller stay under TREC Form 15-7?
The form is for occupancy of no more than 90 days after closing. Your specific loan or insurance terms may require a different arrangement or may not permit the proposed one.
Is the seller still the owner during the leaseback?
After closing and funding, the buyer owns the property; the TREC temporary lease identifies the buyer as landlord and the seller as tenant.
Does a written holding-over amount guarantee the seller will move?
No. The clause is a contractual term; it is not a guarantee of possession on a particular day or an automatic legal remedy.
Does a standard homeowners policy always cover the arrangement?
Do not assume it. TREC's form itself warns insurance coverage can change. Ask the insurer handling the property and your actual policy.