Maryland Lease of Unfurnished House with Option to Purchase - Lease or Rent to Own

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US-01675BG
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The relationship of landlord/tenant or lessor/lessee is created by contract. The person who owns the real property is known as the lessor or landlord. The lessee, or tenant, is the one who occupies the property.


Tenancies are classified by duration as tenancies for years, from year to year, month to month, and at will. A tenancy for years is one under which the tenant has an estate of definite duration. The term "for years" is used to describe such a tenancy even though the duration of the tenancy is for only one year or for less than a year. A tenancy from year to year or month to month is one under which a tenant, holding an estate in land for an indefinite duration, pays an annual, monthly, or weekly rent.

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  • Preview Lease of Unfurnished House with Option to Purchase - Lease or Rent to Own
  • Preview Lease of Unfurnished House with Option to Purchase - Lease or Rent to Own
  • Preview Lease of Unfurnished House with Option to Purchase - Lease or Rent to Own
  • Preview Lease of Unfurnished House with Option to Purchase - Lease or Rent to Own

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FAQ

No, lease agreements do not need to be notarized in Maryland. As long as they are agreed upon, or written leases are signed by both parties, a lease is a valid contract. The landlord and tenant can request to have the lease notarized if they wish, but it is not required in order for the lease to be binding in Maryland.

Advantages of Lease Purchases for Sellers ExplainedIncreased return on investment: The upfront option payment can increase the return on investment, and it stays with the owner even if the tenant does not purchase the property.Locked-in sale price: The owner can lock in a reasonable price for the home in advance.More items...?

A lease purchase agreement in real estate is a rent-to-own contract between a tenant and a landlord for the former to purchase the property at a later point in time. The renter pays the seller an option fee at an agreed-upon purchase price, giving them exclusive rights to buy the property.

A major disadvantage of renting to own is that renters lose their down payment and other non-refundable charges if they decide not to purchase the home. Some sellers may even take advantage of renters by making it difficult or unappealing to purchase the home with the goal of keeping the down payment.

Sellers agreeing to lease option deals arguably have more to lose than buyers. If house prices rise they're likely to regret agreeing a price at the time the option was taken out. If prices fall there's a risk the buyer or investor will not exercise their option to buy, and they'll still be stuck with the property.

Rent-to-own agreements can attract higher-quality tenants, who likely will also have an interest in maintaining the property. You can collect above-market rent each month, and potentially get a higher sale price when the buyer purchases the property.

A lease option allows the landlord to retain the legal title of the lease option property, without the mundane management responsibilities. Lease options are also an ideal way of securing long term tenants. Most lease-options are for an average term of between 7 and 10 years.

Disadvantages. Lease to own does not make the buyer an owner of that property. It will still belong to the seller, which provides him or her with full control over the property. It might be a minor issue but for the buyer, it will feel like being a tenant and not a homeowner.

Your Rights Under the Law If you do decide to enter a rent-to-own agreement, be aware that Maryland law provides some protections for rent-to-own consumers. The lessor must give you a written receipt for any payment made by cash or money order.

Maryland law defines a "lease option agreement" as "any clause in a lease agreement or separate document that confers on the tenant some power, either qualified or unqualified, to purchase the landlord's interest in the property." (See Md. Code Ann., Real Prop.

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Maryland Lease of Unfurnished House with Option to Purchase - Lease or Rent to Own