With the volatile and unpredictable housing market these days, being a homeowner can be difficult to achieve if you don’t have the financial security to afford to purchase and own a home. You will need a mortgage to finance the purchase of a new house and getting a mortgage is also a difficult process since you need to have a good credit score and cash for a down payment. Without these, then owning a home can be much more difficult. However, there is an alternative that will lessen the burden of buying a home: a rent-to-own arrangement exists. This process is where you rent a home for a certain amount of time, with the option to buy it before the lease expires. To engage in this you need to agree to a Rent-to-own contract, which usually consists of two parts: a standard lease agreement and an option to buy. This article will guide you on what this type of contract is, how it is made, and how the whole arrangement is done.
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What is a Rent-to-Own Lease Contract
A rent-to-own lease contract is a written agreement that includes an option for the tenant to purchase the property from the landlord. This arrangement is done when landlords want to collect rent on their property and eventually sell it to the tenant at a negotiated price. This type of arrangement is advantageous for both parties since it makes selling the property easier for the landlord since they know who will be the owners of the property and the tenant has already moved into the property.
What to Include in a Lease-to-Own Contract
1. Lease period
The length of the lease, which is the period of the lease when the lease will start and end, informs the tenant when they will be able to buy the property, which is usually at the end of the lease. In some contracts, the landlord and tenant will agree that the lease end date will also be the purchase date of the property. If this is the case in the contract, the tenant will need to have a mortgage before the end of their lease to avoid breaching the contract.
2. Price of Property
The price is usually already set by the landlord before the tenant and landlord sign the contract. To clarify this concern, the landlord and tenant should discuss any situations or instances that may affect the value of the home, especially during the lease term. It’s usually up to the agreement between the two how the pricing will be set. Having good and constant communication can help avoid any disagreements with the pricing of the property.
3. Option Fee
The agreement must need to include an option fee clause, that will legally let the landlord sell their property to the tenant, even if the landlord changes their mind. The option fee is paid by the tenant to secure the option to buy the property at the end of the lease. One downside with option fees is that they are non-refundable.
4. Rent Credit
The rent credit is a monthly fee that goes toward the tenant’s down payment if the tenant wants to buy the property. This fee is also non-refundable, so if the tenant changes their mind, the landlord keeps the money. If the tenant buys the property at the end of the lease term, then they will get the rent credits back.
FAQs
How does a lease-to-own agreement benefit landlord?
Landlords can benefit from this agreement. The main benefit they get is that it is easier for them to sell their property. They can also get responsible tenants who will ensure to take care of the property since it will be their future permanent home. Another benefit is that the purchase price of the property remains the same no matter what will happen to the real estate market. Since the tenants may have enough money set aside to buy the property, they can pay the rent on time. Lastly, landlords can keep the downpayment from the tenants once they bought the property.
How does a lease-to-own agreement benefit tenants?
Of course, tenants can get benefits from this type of contract as well. It helps them save up cash to afford to buy the property and by providing the downpayment for the property purchase once the lease period ends. The tenant can also build equity if the home value increases way beyond the agreed purchasing price.
How does a rent-to-own work?
A rent-to-own process usually happens this way:
- The tenant and landlord negotiate the rental arrangement.
- The tenant decides the option to purchase the property.
- The landlord checks the tenant’s credit.
- The landlord verifies the tenant’s income.
- The tenant signs the lease with the option to purchase.
- The tenant moves into the property.
- The tenant has now the right to purchase the property.
- Both parties will enter into a purchase agreement.
- Attach required disclosures in the contract.
- The tenant now officially owns the property.
Once you’re done drafting the contract, make sure to review it for any spelling and grammatical errors and inaccurate information that you may accidentally include. Discuss the contract with the other party and reach a mutual agreement with its terms first before you go ahead and sign it. To help you get started making the contract, download our free sample templates above to use as your guide!
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