A legally binding contract must include an offer, acceptance, consideration, and intent to create legal relations. Both oral and written contracts can be binding, but oral contracts are harder to enforce due to misunderstandings and lack of evidence. Some contracts must be in writing under the Statute of Frauds.
The lease agreement acts as a legal, binding contract between the landlord and tenant and will be used as such by the court if any legal proceedings arise between the two parties.
How To Structure A Lease Purchase Agreement Set The Lease Period. The lease should outline how long the lease period will be and the monthly rent amount. Include Special Clauses. Allocate Portion Of Rent To The Down Payment. Include A Contract Of Sale. Have A Professional Review Your Contract.
“When you do a lease option, you're betting that you're going to qualify for a mortgage and be able to execute and buy the property,” says Timothy McFarlin, a California real estate attorney. “Make sure you have a path to do that.”
The purpose of an LOI is to clarify which key points of a deal must be negotiated, protect all parties involved in the deal, and announce the nature of the deal, such as a joint venture or a merger between two companies. Sometimes LOIs are used outside the business world.
A letter of intent (LOI), also known as a “term sheet,” sets the stage for a lease. Signed by both the owner and tenant, the LOI indicates that both parties intend to go through with a lease, and includes terms that are fundamentally important to the tenant's operation, such as rent and ten- ant improvements.
Typically, a tenant is required to give written notice of their exercise of the option several months before the current term of the lease expires — typically a period of time ending three to six months before expiration of the current term of occupancy.
How To Structure A Lease Purchase Agreement Set The Lease Period. The lease should outline how long the lease period will be and the monthly rent amount. Include Special Clauses. Allocate Portion Of Rent To The Down Payment. Include A Contract Of Sale. Have A Professional Review Your Contract.