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The rent-to-own market segment of the real estate industry is not particularly regulated, nor are these transactions carefully tracked. However, a number of horror stories have made their way into the headlines. Most pertain to landlords who took advantage of low-income or unsuspecting renters by structuring the agreements to make tenants responsible for maintenance and repairs, but not disclosing to the renters that the homes were riddled with code violations.
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Think of it just like renting, except there is an additional non-refundable deposit and the rent is higher than normal. As long as you go through with the purchase, the non-refundable deposit and a portion of your rent is applied toward the purchase. If you don’t go through with the purchase for any reason, the non-refundable deposit and the extra high rent is gone. You will probably also be responsible for all maintenance. Make sure that when the option comes due, you will be able to qualify for the loan. If market value dips while you’re renting, it might mean that the appraisal comes in low, requiring that you pay the difference in cash or walk away from the additional monies you’ve paid. In fact, since you’re in Las Vegas, you might want to think of it more like gambling!

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At HousingList we believe home-ownership should be accessible to everyone. We work to spread awareness around alternative, non-traditional routes to home-ownership such as rent-to-own and HUD properties. These alternative paths to owning a home can help people who don't have enough funds saved for today's rising down-payments, people who need to improve their credit scores, or any number of factors that prevent today's buyers from the dream of homeownership.
The primary benefit is the ability to live in your future home while you make payments toward a down payment. If all goes well, you get to enjoy living in your new home before buying it. It’s often possible to negotiate with your landlord over such things as painting the walls and owning pets to a more prominent degree than you may be able to in a standard rental agreement.
You also want to be sure your landlord is on solid financial ground before closing a rent-to-own deal. If he or she falls behind on the mortgage or loses the house for some other reason while you’re renting, you probably also lose the option to buy and all of the money you’ve put toward the purchase price. To help protect yourself, do a title search before signing anything so that you can make sure the property is actually your landlord’s to sell.
Rent-to-own is when a tenant signs a rental agreement or lease that has an option to buy the house or condo later — usually within three years. The renter’s monthly payments will include rent payments and additional payments that will go towards a down payment for purchasing the home. The lease contract will state the tenant’s rental payment, how much of the rental payments accrue toward a down payment, and how much the purchase price of the home will be.

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This option, also referred to as a land installment contract or contract for deed is the most popular contract for RTO agreements. A lease purchase contract uses traditional rental contracts, and it locks the tenant into purchasing the house once the contract is up. It should include rent amounts and due dates, rent credit amounts, property price, terms and rules, and duration of the contract. You will also have to decide who takes care of maintenance and repairs while the RTO contract is binding, and what portion of the rent payment goes to the down payment amount as a rent credit. This type of contract makes it mandatory for the tenant to purchase the home once the contract is up. If they choose not to, or if they're unable to, they can face legal issues.


Renters also have to pay an option fee and then a rent premium. The option fee is a set amount that the renter pays the seller. If, at the end of the lease period, the renter buys the house, the option fee becomes part of the down payment. If the renter doesn't buy the house, the option fee becomes income for the seller. Rent premiums are an amount slightly above the typical rent, with a portion of that money going toward a down payment.
Sometimes, there are issues with the home that you might not be aware of until you go to buy the home. The seller may have issues with the title or may not own the title, or there may be major issues that a home appraiser will not approve in order for you to buy the home. The best advice for this is to treat your rent-to-own agreement like an actual home purchase, so get an inspection and do a title search before signing anything.

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While a lease option gives you first dibs to purchase the home you’re renting, it doesn’t guarantee that you’ll be approved for a mortgage at that time. If you are unable to boost your credit or save enough for a down payment during your lease, you could still be shut out — and you’ll lose all the money you paid toward the purchase, too. To help protect against this scenario, experts recommend meeting with a mortgage lender before signing the deal to know exactly what you’ll need to qualify at the end of the lease.

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Conversely, if you decide not to buy the house – or are unable to secure financing by the end of the lease term – the option expires and you move out of the home, just as if you were renting any other property. You’ll likely forfeit any money paid up to that point, including the option money and any rent credit earned, but you won’t be under any obligation to continue renting or to buy the home.


One drawback of the rent-to-own selling option is that you might want to sell your house or condo sooner, and if your contract or lease doesn’t allow for you to do so, you could be locked into the terms you agree to with your tenant/buyer. Consult your attorney on how to make this sale provision of your contract negotiable if you need this flexibility.


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There used to be a distinction between a lease-option arrangement and a lease-purchase deal. Lease-option meant that at the end of the term, renters didn't have to buy the house. They were contractually obligated to buy it in a lease-purchase deal --- whether or not they could afford it. People now use the terms interchangeably, so be clear on exactly which contract you're entering into [source: McLinden].
The real estate market is almost impossible to predict one month from the next, let along one year from the next. If you enter a contract with a tenant for RTO, you can lock in a selling price for the duration of your contract. This means that no matter what the real estate market does when it's time for the contract to end, you may end up getting more for your home than it's worth in the current market.
Your contract may state that you, as the buyer, have to pay for repairs, homeowner fees, property taxes, and insurance while renting. Other contracts will stipulate that the current owner (the seller) covers these costs. It’s important that your contract clearly state who will cover repairs, because you might get stuck fixing a water leak on a home that isn’t legally yours yet. You should still have renter’s insurance to cover any issues in the interim.
Rent to own situations can be structured in two popular ways. One is the lease purchase. A lease purchase usually requires the tenant to commit to buy the home over an agreed to period of time. Terms can be quite flexible to suit the renter's needs. These terms include the time frame, the amount of rent applied to the rent to own purchase, and the price of the property. The second approach is called a lease option. In a lease option, many of the same terms apply as in a lease purchase. The difference is in the lease option, the tenant may not be required to purchase the home at the end of the option time period. However, in each case, the renter usually needs to put up a non-refundable option fee to initiate the rent to own contract.
It's Flexible. While you will have more flexibility initially with this type of contract than with a traditional mortgage, once the contract is signed, it's pretty set. It is very rare that both the buyer and the seller agree on alterations to the original contract. The price of the property is usually set, and this is the price that the buyer will have to pay once the contract is up, regardless of the home's current market value.
One drawback of the rent-to-own selling option is that you might want to sell your house or condo sooner, and if your contract or lease doesn’t allow for you to do so, you could be locked into the terms you agree to with your tenant/buyer. Consult your attorney on how to make this sale provision of your contract negotiable if you need this flexibility.
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Rent-to-own agreements should specify when and how the home’s purchase price is determined. In some cases, you and the seller will agree on a purchase price when the contract is signed – often at a higher price than the current market value. In other situations, the price is determined when the lease expires, based on the property's then-current market value. Many buyers prefer to “lock in” the purchase price, especially in markets where home prices are trending up.
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