We are getting ready to close a residential transaction in which the seller will remain in the property for 30 days after closing under the terms of a Seller’s Temporary Residential Lease (TAR 1910, TREC 15-5) attached to the contract. Is the buyer entitled to a set of keys to the property at the time of closing?
Yes. The temporary lease states that the landlord/buyer/owner may enter at reasonable times to inspect the property and that the tenant shall provide the landlord door keys and access codes to allow access to the property during the term of the lease. However, the buyer’s right to occupy the property is subject to the seller’s right to occupy the property in accordance with the temporary lease.