A Rent-to-Own Lease Agreement combines elements of a typical lease agreement with a real estate purchase agreement.
To make sure your document will work the way you want, you’ll need to cover each of the following areas:
- Agreement types: You and the tenant will need to choose between a flexible lease option or a binding lease-purchase agreement.
- Price: The purchase price is agreed upon either at the lease's start or its end, so make sure to add this to your agreement and not leave this open-ended.
- Financial aspects: Tenants pay a nonrefundable option fee (usually 1%-5% of the final price) and a portion of their rent, typically set above market rate, contributes to the property's eventual purchase.
- Maintenance and final steps: Responsibilities for property upkeep are set. Tenants should also thoroughly review the contract and conduct a home inspection.
These obligations are often spelled out in state or local law, and rent-to-own contracts are often not able to contract around these provisions. It is crucial to be aware of state or local laws on this, as in many jurisdictions, the owner is still responsible for maintenance in a rent-to-own situation [2].
Rent-to-Own Contract by Type
Depending on the type of long-term commitment you and the other party are comfortable with, you will need to choose the agreement that works best.
You can choose between one of these primary types of Rent-to-Own Agreements:
- Lease-Option Agreement: This agreement offers flexibility to the tenant. They have the right to purchase the property at the end of the lease but are not obligated to do so. If the tenant decides not to buy, they can simply end the lease and move on.
- Lease-Purchase Agreement: This is a more binding agreement. The tenant commits to buying the property at the end of the lease term, barring specific conditions like a breach of contract or inability to secure financing. Both the landlord and tenant are bound to the sale and purchase.