In landlord-tenant law, default refers to the failure of a tenant to timely pay rent due. In anticipation of such an occurence, landlords commonly require a new tenant to pay a security deposit, which may be used to remedy defaults in payment of rent and other monetary obligations under the rental agreement. In general, the landlord is required to give the tenant notice of the default before bringing eviction proceedings or applying security deposit proceeds to the payment in default. The fixing of a definite default date for payment of rent can be critical if it becomes necessary to evict a tenant for a default in the payment of rent. Landlords often require a background and/or reference check on prospective tenants in an attempt to minimize defaults in rent payments.
Default On Lease Agreement With Option To Purchase
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How to fill out Florida Notice Of Default On Residential Lease?
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FAQ
Options are usually required to be ?exercised? by writing to the Landlord or the Managing Agent and specifically saying that you are exercising the option. You should always refer to the option clause of your Lease to ensure that you are following the correct procedure and format.
A lease option is an agreement that gives a renter a choice to purchase the rented property during or at the end of the rental period. It also precludes the owner from offering the property for sale to anyone else. When the term expires, the renter must either exercise the option or forfeit it.
For example, a tenant and landlord may agree to a five-year lease with a five-year option to renew. At the end of the first five years, the tenant is given the chance to continue the lease for another five years. If you think you may renew, be sure to bring up extension provisions with your landlord.
The difference between a lease option and a lease purchase agreement is that the lease option only obligates the seller to sell. A lease purchase agreement commits both parties to the sale barring breach of contract or the buyer's inability to secure a mortgage.
A lease purchase provides one avenue to acquire a home if the buyer cannot obtain a mortgage. The renter can use the time during the lease phase to improve his credit score prior to purchasing the home. If the house increases in value during the lease period, the buyer also gets the benefit of the additional equity.
