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We are not affiliated with the government in any way. We are a private company that engaged writers to research rent to own agreements and compiled a guide and the following answers to frequently asked questions. Our goal is to help you get the benefits that you need by providing useful information on the process. We are not providing legal or financial advice. If you need such advice please contact an attorney or a financial advisor.
Rent-to-own contracts offer a way for prospective homebuyers to find and ultimately purchase a home. While traditional mortgages and home loans let borrowers purchase a home right away, rent-to-own agreements include a rental period of the house before purchase.
Rent-to-own agreements first arose in the 1960s and offer future homeowners a unique way to “try before you buy.” Prospective homeowners have the opportunity to live in their dream home before deciding on the purchase. Rent-to-own contracts can also benefit those who want to purchase a home but may not have the credit score, debt-to-income ratio, or down payment necessary to be eligible for a traditional mortgage. These contracts give these borrowers more time to build their credit and make payments towards the home’s purchase price while renting.
Not all rent-to-own contracts are the same, but most arrangements are lease purchase or lease option contracts. The key difference between these two rent-to-own agreements is whether or not the seller and prospective buyer are legally obligated to go through with the home’s sale at the end of the leasing period.
With a lease purchase, both the seller and renter are contractually obligated to go through with the home’s sale following the lease period. This can place buyers in a stronger negotiating position, especially if others are interested in renting the property. Buyers may be able to negotiate on the purchase price and option fees since the purchase is guaranteed.
The downside of lease purchase options is the lack of flexibility for the prospective buyer. Buyers do not have the option to decline the home’s purchase after the leasing period, even if there are significant problems with the house, the home’s value falls, or the buyer finds difficulty in qualifying for a mortgage.
A lease option rent-to-own contract provides the prospective buyer with the flexibility that a lease purchase lacks. At the end of the leasing period, buyers can go through with the purchase of the home or not. This provides buyers with a safety net in the event of major problems with the house, problematic neighbors, failing to qualify for a mortgage, or unexpected changes or opportunities.
Suppose a buyer does choose to purchase the home at the end of the rental period. In that case, sellers are obligated to sell the house at the price negotiated upon before the rental period, even if the home’s value has risen since. However, if buyers choose not to purchase the home, their option fee, and accumulated premium payments towards the home’s purchase price will be forfeited.
Rent-to-own contracts are very different from the traditional processes of purchasing a home. Therefore, these agreements have unique sets of pros and cons for both buyers and sellers.
As a buyer, rent-to-own agreements offer benefits such as:
However, buyers may experience drawbacks, such as:
As a seller, rent-to-own contracts offer benefits such as:
However, sellers may experience drawbacks, such as:
Rent-to-own contracts aren’t for everyone, but they offer a unique way of purchasing a home for many, including those who might not otherwise qualify for a home’s purchase right away.
If you are interested in a rent-to-own contract, you must first find a home that you love with a seller who is willing to do a rent-to-own agreement.
Before you begin negotiating your contract, it is essential to complete specific due diligence tasks to help you in your negotiations and help you decide whether or not you want to purchase the home. These tasks include:
Next, you will need to negotiate the rent-to-own contract terms and costs. You will need to negotiate the:
In addition to negotiating costs, it is important to discuss and negotiate other responsibilities for the home during the rental period, including property taxes, maintenance costs, and repairs.
Maintenance responsibilities are usually divided between the owner and the prospective buyer. However, it is important to discuss maintenance responsibilities, large and small, upfront to avoid any surprises down the road. It’s essential to make sure anything you and the owner decide upon is included in the rent-to-own agreement.
Property taxes are annual taxes that must be paid for a property. Your rent-to-own contract should include whose responsibility it is to pay these taxes. This may also be another negotiation point that you can use when reviewing the rent-to-own contract.
In a lease option contract, you and the seller will agree on a set amount of time that you will rent the property before you choose whether or not to purchase the home. In a lease purchase contract, you and the seller will negotiate the rental period before buying the house.
During your rental period, it can help improve your credit and other factors that will influence your ability to qualify for a mortgage. Doing so will help make sure that you are eligible and potentially help you get better loan rates.
After the rental period, you will need to apply for a mortgage, unless you can pay for the remainder of the purchase price outright. The closing stage of a rent-to-own contract is similar to that of traditional purchases. Your lender may require another appraisal and home inspection, the cost of which you can also negotiate with the home’s seller. These fees are generally considered to be closing costs, along with the home’s title search fee, title insurance, HOA fees and assessments, and various lender fees. In traditional home sales, the buyer generally pays nearly all of these costs. However, your seller may be willing to negotiate closing costs with you for your rent-to-own contract.
There are currently no federal laws specifically regulating the rent-to-own industry. However, that may change in the near future as there are two proposed laws waiting approval by Congress. These laws are the Rent to Own Protection Act and the Consumer Rental Purchase Agreement Act. Both laws would seek to protect buyers and provide additional regulation to this ever-growing industry.
You can learn more about the Rent to Own Protection Act here and the Consumer Rental Purchase Agreement Act here.
While there are no federal laws currently regulating the rent-to-own industry, certain state laws impose guidelines, restrictions, and requirements on rent-to-own contracts. However, it is worth knowing that New Jersey, North Carolina, and Wisconsin do not currently have any state legislation regulating rent-to-own agreements.
|Alabama||Learn more about Alabama rent-to-own legislation here.*|
|Alaska||Learn more about Alaska rent-to-own legislation here.*|
|Arizona||Learn more about Arizona rent-to-own legislation here.|
|Arkansas||Learn more about Arkansas rent-to-own legislation here.*|
|California||Learn more about California rent-to-own legislation here.|
|Colorado||Learn more about Colorado rent-to-own legislation here. *|
|Delaware||Learn more about Delaware rent-to-own legislation here.|
|District of Columbia||Learn more about District of Columbia rent-to-own legislation here.|
|Florida||Learn more about Florida rent-to-own legislation here.|
|Georgia||Learn more about Georgia rent-to-own legislation here.|
|Hawaii||Learn more about Hawaii’s rent-to-own legislation here.|
|Idaho||Learn more about Idaho’s rent-to-own legislation here.|
|Illinois||Learn more about Illinois’ rent-to-own legislation here.|
|Indiana||Learn more about Indiana’s rent-to-own legislation here.|
|Kentucky||Learn more about Kentucky’s rent-to-own legislation here.|
|Louisiana||Learn more about Louisiana’s rent-to-own legislation here.|
|Maine||Learn more about Maine rent-to-own legislation here.|
|Massachusetts||Learn more about Massachusetts’ rent-to-own legislation here.|
|Michigan||Learn more about Michigan rent-to-own legislation here.|
|Mississippi||Learn more about Mississippi’s rent-to-own legislation here.*|
|Missouri||Learn more about Missouri’s rent-to-own legislation here.*|
|Montana||Learn more about Montana’s rent-to-own legislation here.*|
|Nebraska||Learn more about Nebraska’s rent-to-own legislation here.|
|New Hampshire||Information unavailable|
|New Mexico||Learn more about New Mexico’s rent-to-own legislation here.*|
|New York||Learn more about New York’s rent-to-own legislation here.|
|North Dakota||Learn more about North Dakota’s rent-to-own legislation here. *|
|Ohio||Learn more about Ohio rent-to-own legislation here.|
|Oklahoma||Learn more about Oklahoma’s rent-to-own legislation here.|
|Pennsylvania||Learn more about Pennsylvania’s rent-to-own legislation here.*|
|Rhode Island||Learn more about Rhode Island’s rent-to-own legislation here.*|
|South Carolina||Learn more about South Carolina rent-to-own legislation here.*|
|South Dakota||Information unavailable.|
|Tennessee||Learn more about Tennessee rent-to-own legislation here. *|
|Texas||Learn more about Texas rent-to-own legislation here.|
|Utah||Learn more about Utah rent-to-own legislation here. *|
|Vermont||Learn more about Vermont rent-to-own legislation here.|
|Washington||Learn more about Washington rent-to-own legislation here.|
|West Virginia||Information unavailable.|
|Wyoming||Learn more about Wyoming rent-to-own legislation here. *|
*Justia is not a government website and therefore may not be up to date. However, Justia does provide free information about rent-to-own legislation.
Only about five percent of homes are available for rent-to-own contracts. This can make it difficult for prospective buyers to find a home that they love. However, there are several agencies that may offer rent-to-own properties or can help you find them:
There are several agencies that you can contact to learn more about rent-to-own contracts and related fees, including:
While we are not affiliated with the government in any way, our private company engaged writers to research rent-to-own agreements and compiled a guide that we believe is simple to use and easy to understand. Our goal is to provide information on the process to help you understand the rent-to-own process.
Our free Rent-to-Own Guide is filled with helpful information about how rent-to-own agreements work and how to generally navigate the process. You can view or download our free guide here.