Sell Your House, Stay Put: Texas Sale-Leaseback Guide

Looking to sell your home fast and still stay in it after closing? A residential sale‑leaseback in Texas may be the solution. It lets you sell your house as-is, access your equity, and rent it back temporarily, giving you flexibility without delay.

🏠 What Is a Sale‑Leaseback?

A sale‑leaseback means you sell your property and immediately become a tenant, leasing it back from the buyer. You receive the sale proceeds and gain time to move out while retaining occupancy.

💡 Why Choose a Sale‑Leaseback?

🚀 Sell your house fast — No staging, showings, or repairs
🛠️ Sell your house as-is — Skip costly upgrades or listing hassles
🏡 Stay in your home while accessing equity
💸 Avoid foreclosure or replace high-interest debt
📦 Buy time to plan your next move

📜 Texas Rules & Requirements for Residential Sale‑Leasebacks

If you’re a home seller in Texas, here’s what you need to know:

1. ⏱️ Maximum Lease Length: 90 Days

You must use the TREC Seller’s Temporary Residential Lease (Form 16‑5/16‑6) for up to 90 days post-closing. Going over 90 days often requires a formal lease or might interfere with the buyer’s mortgage terms.

2. 💰 Rent and Deposit Paid Upfront

Leases typically use daily rent based on the buyer’s PITI (Principal, Interest, Taxes, Insurance), and a security deposit usually equivalent to one month’s rent. Funds are often collected at closing.

3. 🛑 Seller’s Right to Terminate

Under Texas Finance Code § 342.009, you can terminate the lease at any time by returning the home in essentially the same condition and paying rent through that date.

4. ⚠️ Holdover Penalties & Tenant Obligations

Staying past the lease end date can trigger a high daily holdover fee (often $200–$500/day). After closing, standard Texas landlord-tenant rules apply.

5. 🧹 Maintenance & Insurance

You must maintain property condition—lawns, utilities, cleanliness—and ensure timely rent. Confirm appropriate insurance is in place (buyer may carry homeowner’s policy; you may need renters insurance).

✅ Seller’s Step‑by‑Step Checklist

Agree on rent (often buyer’s PITI ÷ days in month)
Select lease period (≤ 90 days, TREC 16‑5/16‑6 form)
Confirm deposit amount (usually one month)
Pay rent & deposit at closing, reflected in the settlement sheet
Sign the lease form, and include it in the closing documents
Verify insurance coverage
Clean & maintain property while renting
Plan move-out before the lease expires
Walk through the home before vacating to ensure the deposit return

🔐 FAQs for Texas Home Sellers

Q: Can I stay longer than 90 days?

A: Not with the standard lease. Staying longer requires a formal rental lease and could violate the buyer’s loan guidelines.

Q: Do I pay the mortgage after closing?

A: No—once sold, the buyer pays the mortgage. You just pay rent.

Q: Will I lose my deposit for damages?

A: Yes, if there’s damage, uncleanliness, or failure to return the property in its original condition.

Q: What happens if I don’t move out?

A: Expect daily holdover charges and possible eviction.

🚀 Benefits vs. ⚠️ Risks

Benefits

Risks & Mitigation

Fast cash-out, no repairs needed

Overstay penalties – plan ahead

Time to relocate or wait for the next home

Deposit loss for damage – maintain well

Avoid homeowner costs

Insurance gap – verify coverage

Stay during the transition

Lease oversight – review TREC forms

🧠 Best Practices for Sellers

Be realistic about move-out plans
Keep records of maintenance, cleaning, and rent payments
Communicate with the buyer if delays arise
Have renters' insurance for liability and belongings

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Discover how to sell your house fast and as-is in Texas, rent it back temporarily, and navigate all legal requirements—90-day lease, rent, deposit, insurance & more.

🏁 Final Takeaway

A Texas residential sale‑leaseback gives you the flexibility to sell your home fast, stay as a renter for up to 90 days, and avoid the headaches of traditional selling.

When structured properly, you get cash in hand, time to relocate, and none of the stress that comes with moving too fast. Just make sure you follow the lease terms, maintain the home, and move out on time to get the full benefit of this win‑win arrangement.