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In a lease purchase contract, the buyer and seller agree to a lease period followed by sale of the property when the lease ends. This type of agreement combines both a lease and a purchase with the tenant/purchaser securing the option to purchase the house.

Your proposal should detail the amount of the non-refundable option fee and rental credits, as well as the price you are offering for the home. Next, propose a new lease to cover the rental period, which is typically one to three years. It is at the end of the lease that you expect to be in a position to buy the house.

The renter agrees to lease the house for a set amount of time, usually one to three years. The renter pays an up-front fee (called an option fee), which is typically 1-5 percent of the home's purchase price. The fee is usually nonrefundable, but part or all of it can be applied to the down payment.

Of course, the biggest disadvantage is that lease purchase agreements are multi-year contracts. This carries a certain degree of risk and uncertainty that many sellers may choose to avoid.

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.

Lease Option to Purchase A contract in which a landlord/seller leases his or her property to a tenant/buyer for a specific monthly rent, and which gives the tenant the right (but not the obligation) to buy the property at or before the end of the lease period for a price established in advance.

Lease-purchases, contracts for deed and lease-options have long been traditional tools of Texas residential real estate investors. No longer. Since 2005, these “executory contracts ” are heavily regulated under Chapter 5 of the Property Code. Many requirements now apply, and the burden is on the seller to meet these.

This question is about Texas Residential Lease Agreement Yes, a contract to lease is legally binding in Texas. Once the tenant and landlord enter into the agreement, it is binding. This means that they are both bound by the terms and conditions stated in the lease.

Make no mistake, one can still do a lease-option in Texas, but many requirements now exist that did not apply before 2005. Property Code Sections 5.069 and 5.070 contain a number of these requirements, which must be met before the executory contract is signed by the purchaser (i.e., before and not at closing).