Does a temporary lease allow for alterations?

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07/29/2016 | Author: TAR Legal Staff

Attorneys on the TAR Legal Hotline have been getting questions about a temporary lease situation where the buyer moves in to the property under a temporary lease prior to closing and wants to begin updating the property. The Buyer’s Temporary Residential Lease (TREC 16-5, TAR 1911) requires the buyer (who is now the tenant) to obtain prior written consent from the seller (who is now the landlord) before making any holes or driving any nails anywhere in the property, altering, painting or decorating the property, or installing improvements or fixtures on the property.

Categories: Legal
Tags: legal, temporary lease


Gayle L. "tex" Speck, Realtor on 08/18/2016

I have experienced that with a seller of mine. Caution; when leasing as above.  Good idea to do the most extensive background as well as rental history on each and every declared occupant. You may get into a situation that causes much delay in the sale.

Brian on 08/04/2016

I agree with Tim! Of course in a perfect real estate world a buyer would never move in early and a seller would never holdover after closing. Like that’s going to happen….....

Shelly Koehler on 08/04/2016

Great info and reminders as always…thanks = )

Tim Garrett on 08/04/2016

If more Realtors would read and understand the contract, TAR Hotline would not be near as busy. The wording on the contract is not convoluted, it is very clear on this matter.  Brokers/Managers… train your agents!  grin

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