What happens when you find the home of your dreams but aren’t quite ready to take out a loan and accept responsibility for a mortgage and property upkeep expenses? You hope there’s a rent-to-own option. This type of contract allows you to rent the home for a designated period of time with the understanding that you can purchase the home near the end of the contract. This gives you time to adjust to your new neighborhood and shop around for the best lender to service your mortgage application. You can end up in a better financial position for taking that time, and you don’t lose out on the home since you get to move in right away as a renter.
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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.
It’s important to note that there are different types of rent-to-own contracts, with some being more consumer friendly and flexible than others. Lease-option contracts give you the right – but not the obligation – to buy the home when the lease expires. If you decide not to buy the property at the end of the lease, the option simply expires, and you can walk away without any obligation to continue paying rent or to buy.

Rent-to-own homes will typically cost a bit more than the fair market value of other home rentals in the area. That’s because a portion of the monthly rent-to-own payment will be designated as a “rent credit” -- up to 20 percent of the monthly amount due -- will go toward the purchase of the home when the agreed-upon term expires. It’s important to make these monthly rent-to-own payments on time and as scheduled.
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There are actually two types of contracts: a lease-purchase and a lease-option. With a lease-purchase contract, you're locked into buying the home by the conclusion of the contract. If you don't, you will forfeit all the money you’ve supplied to the seller over those years and could also face legal action. If you choose this route, you should be absolutely clear on your long-term plans and financial outlook. Plenty can happen to your life and livelihood that could affect whether you can (and want to) own this house.
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The legal controversy surrounding rent-to-own transactions has centered primarily on the question of whether the transaction should be treated as a lease or a credit sale. The industry has contended that the transaction is a lease;[17] while consumer advocacy groups have advocated for the transaction to be treated as a credit sale. As of 2011, forty-seven U.S. states, Guam, Puerto Rico, and the District of Columbia have passed laws characterizing the transaction as a lease.[18] Of the five U.S. state supreme courts that have addressed the question, three (Massachusetts, Arkansas and Maine) concluded that the transaction was a lease.[18][19][20] New Jersey and Minnesota concluded it was a credit sale based upon those states’ credit laws.[21][22][23] A federal district court in Wisconsin also found the transaction to be a credit sale under Wisconsin state law.[24]
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Will be located in the kitchen drawer unless your property was purchased from a foreclosure or short sale. If a mail box key is missing, you will need to go to the nearest post office with your lease and they will issue you a new one. Explain to them that the property was purchased from a foreclosure and there was no key when the property was purchased.
Be sure that maintenance and repair requirements are clearly stated in the contract (ask your attorney to explain your responsibilities). Maintaining the property – e.g., mowing the lawn, raking the leaves and cleaning out the gutters – is very different from replacing a damaged roof or bringing the electric up to code. Whether you’ll be responsible for everything or just mowing the lawn, have the home inspected, order an appraisal and make sure the property taxes are up to date before signing anything.
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.
Rent-to-own housing can be tricky because the landlord might decide the potential homeowner is responsible for repairs and property taxes during the lease period, said Rich Verrillo, a senior housing partnerships manager for Navicore Solutions, a Manalapan, N.J.-based member agency of the National Foundation for Credit Counseling. Working out all the details before the contract is signed is vital.
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Once you fully understand all the terms of the rent-to-own agreement -- and have had an attorney look it over and provide feedback -- it’s time to finalize the deal. Of course, signatures from both parties will be required at this time, as well as upfront payments such as the agreed-upon “option fee,” the monetary consideration that is necessary to make the rent-to-own contract binding.
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