
Yes, you can stay in your home after closing in Texas if the buyer agrees. The usual tool is a seller's temporary lease, sometimes called a leaseback or rent-back, where you sell the house and rent it back for a short time. The state's standard form covers stays of up to 90 days. Here is how it works, what it usually costs, and what to do if the buyer says no.
How a seller's temporary lease works
Normally, a Texas buyer gets the house when the sale closes and funds. A temporary lease changes that. You close, you get paid, and you stay on as the buyer's tenant until a date you both agreed on.
The form most Texas agents use is the Seller's Temporary Residential Lease (TREC No. 15-7) from the Texas Real Estate Commission. Its notice says it is only for a seller who stays no more than 90 days after closing.
Why do sellers ask for one? The most common reason is timing. Maybe your new build is running late. Maybe you need the money from this sale to close on your next home. A short lease lets you move once, not twice.
What the lease covers
The form has blanks for you and the buyer to fill in, so most of this is up for negotiation. Here is what it says:
- Rent: set as a daily rate, and the full amount for the term is paid at funding.
- Deposit: also paid at funding. The buyer returns any unused part, with an itemized list of deductions, within 30 days after you move out and give a forwarding address.
- Utilities: you pay them unless the lease lists an exception.
- Repairs and yard: you generally handle these while you live there, unless the Texas Property Code says otherwise.
- Pets: not allowed unless the lease lists them, so be sure yours are written in.
- Access: the buyer can enter at reasonable times to inspect, and you give them keys and access codes.
- Staying too long: if you stay past the end of the lease, you owe a daily holdover fee. The amount is negotiated up front and written into your temporary lease. The buyer can also pursue other remedies.
Planning a move and a sale at the same time? Get your free home value report and see what homes like yours have actually sold for. Knowing your number makes it much easier to plan your timing.
What does it cost to stay after closing?
There is no set price. A common starting point is the buyer's monthly housing payment, divided by the days in the month. A Dallas escrow officer described this approach in this title tip, and advised putting an actual dollar figure in the paperwork.
Here is a simple example, not a quote. If the buyer's payment is $3,000 a month, that is about $100 a day. A 21-day stay would be about $2,100, plus a deposit that you should get back if the house is left in the agreed condition.
Rent and the deposit are usually handled through the title company at closing and show up on your settlement statement. Ask for your numbers ahead of time. Our guide to what it costs to sell a house in Denton County shows the other items that come out of your proceeds.
Three things to check before you agree

- Insurance, for both of you. TREC's form warns in capital letters that the seller's possession as a tenant may change insurance coverage. Once you sell, the house is no longer yours to insure, but your furniture and belongings still need coverage. Call your agent before closing and ask what you need. The buyer should do the same, because a homeowner's policy may not cover a home with a tenant in it. One insurance agency's guide says many insurers are only comfortable with short stays, and longer ones may call for a landlord policy.
- The buyer's lender. Most buyers using an owner-occupied loan have promised to move in within a set time. A lease has to fit that promise, so the buyer should clear it with the lender before everyone signs.
- Your move-out date. Pick a date with some cushion. You will not own the house anymore, and if your next home is delayed, the lease does not stretch by itself. If you need more time, the buyer has to agree.
The buyer takes on some risk too. Damage found after you leave can be hard to collect on, and getting a seller out who will not leave takes an attorney. That is why a fair deposit and a clear holdover fee help you both.
What if you need more than 90 days, or the buyer says no?
TREC's form stops at 90 days. A longer stay would need a different written lease, and that is a good time to talk with a real estate attorney. A buyer may also just say no, especially if they need to be out of a rental by a certain date. You still have options:
- Ask for a later closing. Sometimes a few extra weeks before closing solves the problem with no lease at all.
- Make your next purchase contingent on this sale. Sellers can be hesitant to accept these, but it can work.
- Buy first. If you qualify for a bridge loan, you may be able to buy your next home before you sell. It has its own costs, so talk with a lender. You can compare all of our selling options in Denton County to see how this stacks up.
- Bridge the gap yourself. A short-term rental and a storage unit are not exciting, but sometimes they cost less than a lease or a delay.
What this looks like in Corinth and Oakmont
A leaseback is a request, and the buyer weighs it against every other home they could buy. In Corinth, our site showed about 134 single-family homes listed on November 3, 2026, so buyers there have other choices right now. See the latest numbers on our Corinth market report.
You can still ask, and how you ask matters. In Oakmont Country Club Estates or anywhere else, we would bring up your timing early, keep the stay as short as you can, and offer fair rent and a solid deposit. A request for two weeks tends to land very differently than one for three months. It helps to know how much that extra time is worth to you, since a buyer may want something in return.
Frequently asked questions
Can a seller stay in the house after closing in Texas?
Yes, if the buyer agrees and it is in writing. The usual tool is the Seller's Temporary Residential Lease, TREC No. 15-7, which is for stays of no more than 90 days after closing.
How much rent does a seller pay in a leaseback?
It is negotiated. The form uses a daily rate, and a common starting point is the buyer's monthly housing payment divided by the days in the month. The full rent and a deposit are paid at funding.
What happens if the seller does not move out on time?
The seller owes a daily holdover fee for each day past the end of the lease. The amount is negotiated up front and written into the temporary lease, and the buyer can also pursue other remedies. If a seller refuses to leave, the buyer would need an attorney.
Do I still need insurance after I sell and rent back my home?
Your belongings still need coverage, and the buyer needs coverage for the house. TREC's form warns that a seller staying as a tenant may change insurance coverage, so both of you should call your insurance agents before closing.
This post explains how seller's temporary leases generally work in Texas as of November 3, 2026. Every sale is different. It is general information, not legal, tax, insurance or lending advice. Talk with a real estate attorney, your insurance agent or your lender about your situation.
Trying to line up your sale and your next move? Get your free home value report to see what homes like yours have actually sold for, and we will help you build a timeline around it.
Have a question you want us to answer? Send it to us. Your question could be our next post.
Photo credits: moving boxes photo by Ivan S on Pexels; calendar photo by Towfiqu barbhuiya on Pexels. Sources: TREC Seller's Temporary Residential Lease, form 15-7, an Allegiance Title escrow officer's title tip and Goosehead Insurance. The listing count is from live MLS data on our site.

