A rent-to-own property available for sale in a residential area on March 25, 2008, in Bolingbrook, Illinois.
Scott Olson/Getty ImagesYou've just secured the home of your dreams, signed the papers, and loaded up the moving van -- you're all ready to go, right? Not quite if you haven't sold your current home first. So you list it, and wait. And wait. And wait. In many cities where renting is more financially viable than owning, buyers may not show much interest. In other areas, buyers do appear, but they might not have enough saved for a down payment, or their credit might not qualify them. How will you ever sell this house?
For many, a rent-to-own home could be the ideal solution. Also known as a lease-to-own property, this arrangement operates similarly to a car lease: Renters pay a fixed monthly amount to live in the home, and after a designated period – usually within three years – they can choose to purchase the property. Each rent payment contributes to the seller’s income, with a portion set aside for the buyer’s down payment toward eventually buying the home.
Both renters and sellers must fully understand the terms of the agreement they create before committing to this arrangement. Rent-to-own offers both pros and cons for each party. Sellers who’ve already bought another home can avoid the burden of two mortgages, and in a sluggish housing market with numerous homes for sale, this may be their most viable option. Buyers who can't yet afford a home might find this to be a faster path to ownership.
Continue reading to understand how the rent-to-own system operates.
Steps Involved in Rent-to-Own Properties
When homeowners are eager to sell after their property has been on the market for some time, a rent-to-own option could be their best solution.
Justin Sullivan/Getty ImagesIf your house has been listed for months and you're unable to keep up with mortgage payments for both your new and old homes, you might be feeling desperate to sell without losing money. This could be the right moment to consider turning your old home into a rent-to-own property.
Before entering into a rent-to-own agreement, sellers must determine both the sale price and the rent they will charge for the house. These amounts are negotiable, just as with a traditional sale. However, both parties need to remember that once the agreement is signed, the sale price is fixed for the duration of the rental period, which can range from one to three years. Even if market prices change during this time, the agreed-upon price remains unchanged.
Renters are also required to pay an option fee along with a rent premium. The option fee is a fixed sum that the renter pays to the seller. If the renter decides to purchase the house at the end of the lease, the option fee counts toward the down payment. If the renter chooses not to buy the house, the option fee is kept by the seller. Rent premiums are an additional amount slightly higher than the standard rent, with a portion of this extra amount going toward the down payment.
Here’s a typical scenario: The house is valued at $200,000, with standard rent being $1,000 per month. A renter opting for a rent-to-own arrangement might pay $1,200 per month, receiving a $200 rent credit each month. Along with an option fee, in this example $5,000, over a three-year lease, the renter would accumulate $7,200 in rent credits. Adding this to the option fee, the renter has saved up $12,200 for a down payment.
This arrangement is a great option for buyers who might otherwise struggle with a credit score or have not saved enough for a down payment. For sellers, eager to move on from their old home, this setup provides financial relief, even if the house doesn’t sell once the lease period ends. If the renter decides not to purchase the house, the seller retains all the money.
Like any business contract, there are risks and disadvantages for both parties. What happens if someone else offers a higher price for the house than the agreed-upon amount? Who is responsible for fixing a leaky roof in the middle of the night? Keep reading to learn about the pros and cons for both renters and sellers.
In the past, there was a distinction between a lease-option agreement and a lease-purchase agreement. A lease-option meant that renters were not obligated to buy the house at the end of the lease term. In contrast, a lease-purchase deal required renters to purchase the property, regardless of whether they could afford it. Nowadays, the terms are often used interchangeably, so it’s important to understand which type of contract you are entering into [source: McLinden.
Risks and Rewards for Buyers
In a rent-to-own agreement, buyers need to be aware that if the seller fails to maintain mortgage payments on the house during the rental period, it could be foreclosed upon, forcing the buyer to vacate the property.
Justin Sullivan/Getty ImagesFor many people, purchasing a home will be the largest investment they ever make. Both buyers and sellers must carefully evaluate their options before committing to any binding agreement. Here are some key pros and cons for buyers:
- Buyers can use the rental period to improve their income and credit history.
- Depending on the terms of the agreement, renters may have the option to walk away if significant issues with the house are discovered. Although the option fee and rent credits are forfeited, this loss is still smaller than if the buyer had purchased the house outright and later attempted to back out.
- Buyers must still pay an upfront option fee, which is typically a percentage of the home’s agreed price and can be thousands of dollars. While this money counts toward the down payment if the buyer opts to purchase, saving that much money before renting can be a challenge.
- If the buyer is late on rent by even a day, many contracts cancel that month's rent credit. For instance, if the renter receives a $200 monthly rent credit and is late three times a year, they could lose $1,800 by the end of the lease. Timely payments are crucial in a rent-to-own agreement.
- If the seller fails to pay the original mortgage on the property, it could result in foreclosure, leaving the buyer with no option but to move out.
- By the end of the rental period, the buyer may still be unable to purchase the home due to the same financial limitations that prevented them from buying at the start of the lease, such as poor credit, lack of down payment, or insufficient income.
All the maintenance tasks that were previously handled by someone else in a rental property now fall on the buyer, even during the rental phase. From cleaning the gutters to paying for a replacement washing machine when the original washer breaks, the renter must handle these responsibilities themselves.
If you're the seller in a rent-to-own agreement, the next page outlines the details of the deal from your point of view.
Seller's Risks and Rewards
Here are some advantages and disadvantages sellers may encounter when entering a rent-to-own contract:
- If home prices are on the decline, sellers can secure a higher price for the property at the beginning of the contract.
- Renters with an intent to buy generally take better care of their home and surroundings. They are investing in a future, rather than just renting a temporary space.
- If a renter decides not to purchase at the end of the lease, the seller still retains the option fee and rent premiums as income. However, this leaves the seller back at square one, which could be frustrating for homeowners eager to move on from their previous property.
- If another buyer comes along offering a higher price for the house, the seller is bound by the rent-to-own contract and must stick to the original terms.
- Many sellers rely on the rent payments to cover their existing mortgage, relieving some financial stress. If the renter fails to pay, the seller may struggle to manage both mortgages, possibly leading to foreclosure.
Given the various concerns on both sides of a rent-to-own agreement, it is highly recommended that both buyers and sellers consult with real estate attorneys (separate attorneys for each party) to ensure they fully understand their rights and obligations [source: University of Tennessee Law School].
In the following page, we will examine various alternatives to the rent-to-own model.
Other Options Besides Rent-to-Own
Considering the advantages and disadvantages for both buyers and sellers in a rent-to-own agreement, it’s important for both parties to explore alternatives to this type of arrangement.
Wraparound financing is an option frequently used when the seller has an outstanding mortgage and the buyer has sufficient income but is unable to secure a mortgage for various reasons. In this scenario, the buyer makes a down payment upon purchase and signs a promissory note for the remaining balance, plus interest. The buyer then makes regular payments to the seller, who uses those funds to pay off the existing mortgage. This arrangement benefits both parties by saving on closing costs and allows the seller to earn interest on the amount that is slightly above the existing mortgage rate. However, risks remain: The seller depends on the buyer’s payments to cover the mortgage, and despite timely payments from the buyer, foreclosure could still occur if the seller defaults on the mortgage [source: Kass].
Under a land installment contract, the seller agrees to transfer the home and the land it sits on to the buyer only after the buyer fulfills specific conditions outlined in the contract, generally including payment of the purchase price plus interest. This method is often used when the buyer can only manage a small down payment and lower monthly installments. In such cases, either there is no mortgage or the existing mortgage is paid by the seller, who must clear it before transferring ownership. The buyer should verify the seller’s ownership of the property before entering into such an agreement. Like rent-to-own, the buyer is usually responsible for property repairs and may also need to cover property taxes and homeowner’s insurance [source: Southeastern Ohio Legal Services].
A renter has several alternatives for investing the money that would typically go toward the down payment in a rent-to-own scenario. For example, with $12,200 in fees and premiums, the renter would earn roughly $350 to $450 by placing the funds in a savings account (with an average annual percentage yield of 1 percent) or a three-year certificate of deposit (CD), which usually offers an interest rate of 1.2 percent. Alternatively, investing in stocks or mutual funds could provide much higher returns, potentially growing the renter's nest egg and enabling a larger down payment. While such returns are not guaranteed, they could increase the initial investment of $12,200 to around $14,640. For some renters, the ability to lock in the price of a home in a rent-to-own deal may outweigh the potential benefits of other investment opportunities [sources: Bankrate, Dow Jones Indexes].
