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TREC 16-7 — Buyer's Temporary Residential Lease

This form creates a short-term landlord-tenant relationship between the seller (as landlord) and buyer (as tenant) so the buyer can occupy the property before closing. It establishes rental terms, deposit requirements, property condition standards, maintenance obligations, and termination conditions

Source: TREC
Form Number: 16-7
Category: Other
Revised: November 3, 2025

Used For

Residential Sales, Farm & Ranch

Form Outline

The TREC 16-7 form is organized into the following sections:

  1. Header and Notice
    Identifies the form as TREC 16-7 with revision date 11-03-2025 and limits use to buyer pre-closing occupancy of 90 days or less.
  2. Parties
    Names the landlord (seller) and tenant (buyer). The parties must match the seller and buyer from the underlying sales contract.
  3. Lease
    Ties this lease to the underlying sales contract by referencing the property address, connecting the landlord-tenant relationship to the buyer-seller relationship.
  4. Term
    Sets the start date for the lease and references Paragraph 18 for termination conditions. The lease runs from the commencement date until closing or another termination event.
  5. Rental
    Sets the daily rental rate and requires the tenant to prepay the full anticipated rent upfront. Any overpayment or underpayment due to closing date changes is reconciled at closing. Rent cannot be credited toward the purchase price.
  6. Deposit
    Requires a security deposit separate from the earnest money. If the lease ends before closing, standard Texas deposit refund rules apply (30-day return with itemized deductions). If the sale closes, the deposit is refunded at closing and funding.
  7. Utilities
    Assigns utility costs to the tenant by default. Parties may negotiate specific utilities that the landlord will continue to pay.
  8. Use of Property and Pets
    Limits property use to residential purposes, prohibits assignment and subletting, and bans pets unless specifically listed as exceptions.
  9. Condition of Property
    Tenant takes the property as-is but the seller must still complete contract-required repairs. If the deal falls through, the tenant returns the property in its current condition minus normal wear and tear.
  10. Alterations
    Prohibits tenant from making any physical changes to the property without prior written consent from the landlord. Any improvements or fixtures installed become the landlord's property permanently.
  11. Special Provisions
    Provides space for additional negotiated terms not covered by the standard form provisions. Only factual statements and business details should be inserted by licensees.
  12. Inspections and Laws
    Landlord may enter at reasonable times for inspections and repairs; tenant must provide keys/codes. Tenant must comply with all applicable laws, HOA rules, and local ordinances.
  13. Repairs and Maintenance
    Places all maintenance and repair responsibility on the tenant during the lease, including yard care and appliances. Tenant is liable for damage caused by tenant or tenant's guests but not for damage caused by landlord or landlord's agents.
  14. Indemnity
    Tenant agrees to hold the landlord harmless from any third-party injury or property damage claims arising from the tenant's occupancy, including covering the landlord's legal costs.
  15. Insurance
    Requires both parties to maintain appropriate insurance during the lease. Warns that buyer occupancy before closing may affect existing insurance coverage for both parties.
  16. Default
    Gives tenant only 24 hours after landlord's notice to begin curing any lease violation. Failure to commence and diligently pursue a remedy within that timeframe constitutes default.
  17. Termination
    Lists four termination triggers: successful closing, contract termination, tenant's lease default, or tenant's contract default. Unless the sale closes, the tenant must vacate and surrender the property.
  18. Holding Over
    Holdover after termination creates a tenancy at sufferance, not a renewal. The tenant must pay a specified daily holdover rate as damages, and the landlord retains all other legal remedies.
  19. Attorney's Fees, Smoke Alarms, Security Devices, Consult Attorney
    Standard legal provisions covering attorney's fees recovery for prevailing party, smoke alarm installation requirements with tenant waiver of inspection duties, exemption from security device requirements for short-term leases, and advisory to consult an attorney.
  20. Notices
    Establishes notice requirements and provides contact information fields for both landlord and tenant. Notices must be written and can be delivered by mail, hand delivery, fax, or email.

How RaiderX Agents Use This Form

When you upload a signed TREC 16-7 to a deal in RaiderX's Deal Manager, it reads the form's key dates and terms and automatically builds out your deadlines, contingencies, and tasks — so nothing slips through the cracks between contract and closing. Forms with a fill map also support e-signature directly inside RaiderX, so you can send this document for signature without leaving the platform.

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