Does a seller have to pay rent to stay in the property past closing?
08/31/2015 | Author: Editorial Staff
A seller received an offer on his home, but he needs to stay in the property for two weeks after the buyer’s proposed closing date. Both parties are OK with a temporary-lease situation, but the buyer’s agent says the Seller’s Temporary Residential Lease (TREC 15-5, TAR 1910) must have a daily rental amount in Paragraph 4 to be effective.
The seller says his agreement to sell the property with an early closing date should be sufficient consideration for the temporary rental and doesn’t want to pay a daily rental fee. Can the parties enter into an effective temporary lease without a daily rental amount in Paragraph 4?
Yes. Parties can negotiate a contract where no additional rental fee for the term of the temporary lease is required.
The other terms of this agreement to sell the property, which includes the temporary lease as part of the main contract, could provide sufficient consideration for the lease to be effective and enforceable without specifying additional monetary consideration for the temporary-lease term.
The same answer would apply to those using the Buyer’s Temporary Residential Lease (TREC 16-5, TAR 1911).
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