Buyer's Temporary Residential Lease
Plain-English form education, related documents, and how the pieces connect.
What this form is for
Designed for transactions when buyer will temporarily occupy the property before closing. Not to be used in transactions where buyer's occupancy before closing is expected to exceed 90 days. Not to be used in complex transactions or to create "lease purchases." Designed to be used even when buyer will occupy the property before closing for only a few days. Seller becomes landlord and buyer becomes tenant. Parties therefore must comply with the Property Code provisions relating to Landlord/Tenant (e.g., smoke detectors, condition, repair remedies, and the like).
Key sections and how to complete the form
Use the form in order. The sections below explain the main decisions, blanks, disclosures, or deadlines the form is designed to address. Complete the actual form from the transaction facts and the instructions printed on the current version.
1. Parties
The parties to this Lease are (Landlord) and (Tenant).
2. Lease
Landlord leases to Tenant the Property described in the Contract between Landlord as Seller and Tenant as Buyer known as (address).
3. Term
The term of this Lease commences and terminates as specified in Paragraph 18.
4. Rental
Rental will be $ per day. Upon commencement of this Lease, Tenant shall pay to Landlord the full amount of rental of $ for the anticipated term of the Lease (commencement date to the Closing Date specified in Paragraph 9 of the Contract). If the actual term of this Lease differs from the anticipated term, any additional rent or reimbursement will be paid at closing. No portion of the rental will be applied to…
5. Deposit
Tenant has paid to Landlord $ as a deposit to secure performance of this Lease by Tenant. If this Lease is terminated before the Closing Date, Landlord may use the deposit to satisfy Tenant's obligations under this Lease. Landlord shall refund to Tenant any unused portion of the deposit together with an itemized list of all deductions from the deposit within 30 days after Tenant (a) surrenders possession of the…
6. Utilities
Tenant shall pay all utility connections, deposits and charges except , which Landlord shall pay.
7. Use Of Property
Tenant may use the Property only for residential purposes. Tenant may not assign this Lease or sublet any part of the Property.
8. Pets
Tenant may not keep pets on the Property except .
9. Condition Of Property
If this Lease is terminated prior to closing, Tenant shall surrender possession of the Property to Landlord in its present condition, as improved by Landlord, except normal wear and tear and any casualty loss. 10.ALTERATIONS: 11.SPECIAL PROVISIONS: 12.INSPECTIONS: Landlord may enter at reasonable times to inspect, replace, repair or complete the improvements. Tenant shall provide Landlord door keys and access…
15. Indemnity
Tenant indemnifies Landlord from the claims of all third parties for injury or damage to the person or property of such third party arising from the use or occupancy of the Property by Tenant. This indemnification includes attorney's fees, costs and expenses incurred by Landlord.
16. Insurance
; POSSESSION OF THE PROPERTY BY BUYER AS TENANT MAY CHANGE INSURANCE POLICY COVERAGE. 17. DEFAULT by Landlord, to commence and diligently pursue to remedy such failure, Tenant will be in default.
18. Termination
19. Holding Over
to renew or extend this Lease. Tenant shall pay $ per day during the period of any possession after termination as damages, in addition to any other remedies to which Landlord is entitled. 20. ATTORNEY'S FEES this Lease is entitled to recover from the non-prevailing party all costs of such proceeding and reasonable attorney's fees.
21. Smoke Alarms
Related forms and resources
These documents may connect to this form depending on the property, financing, occupancy, disclosure requirements, or other facts of the transaction. Open the related resource to see what it does and how it is completed.
This page explains the form; complete the current official TREC version for the transaction. Form shown in this resource: TREC 16-7.
Open TREC contract formsNeed further assistance?
For transaction-specific questions, contact your broker or Broker Rochelle Fitzgerald at Fitz & Co. Real Estate.
For educational purposes only. Agents should verify current forms and consult with their broker when needed.