Illinois Option to Lease Real Estate - Long Form

State:
Multi-State
Control #:
US-60942
Format:
Word; 
Rich Text
Instant download

Description

This form is an option to lease real estate. In the event the lessee fails to exercise the option, the sum paid for the option will be retained by the lessor. In such event, the monies retained by the lessor and costs assumed by the lessee will be considered to be a full and complete satisfaction and accord of any damages suffered by lessor because of lessee's failure to lease this property.
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FAQ

This type of lease can be created orally. A periodic tenancy will continue until determined by a notice to quit (subject to any statutory security of tenure applicablesee below). Notice must be at least equal to the period of the tenancy and end at the end of the relevant period.

Unlike a sale agreement with seller financing, a lease-option allows the owner to continue to receive tax deductions as the owner. Interest, taxes, maintenance and depreciation may still be deducted against the rent received.

Evicting Without a Lease At will tenants, or those who live in a unit without a lease do not automatically receive protection from evictions or other landlord actions. However, when this type of tenant pays the landlord rent, they earn rights.

A lease is a contract outlining the terms under which one party agrees to rent an assetin this case, propertyowned by another party. It guarantees the lessee, also known as the tenant, use of the property and guarantees the lessor (the property owner or landlord) regular payments for a specified period in exchange.

Validity of An Oral Agreement. An oral agreement is as equally valid, as a written one. The legality, of an oral agreement, cannot be questioned, if it falls under the ambit of the requirements stated in section 10 of the Indian Contract Act, 1872.

A lease purchase agreement may be attractive to a seller in a competitive market since he is able to lock in a buyer and secure a monthly payment. The seller is typically able to charge a higher rent than he would normally receive in a traditional lease.

What is a lease-option-to-buy? A lease-option is a contract in which a landlord and tenant agree that, at the end of a specified period, the renter can buy the property. The tenant pays an up-front option fee and an additional amount each month that goes toward the eventual down payment.

The Illinois Installment Sales Contract Act (rent to own) specifically applies to sellers (with a legal or beneficial interest) who enter into an installment sales contract for residential real estate more than 3 times in a 12-month period (and the Act does not apply to agricultural property larger than four acres).

In Illinois, a lease need not be in writing unless it is for a term greater than one year. Although the terms of an oral lease may be difficult to deter- mine, a party may be bound to the terms of an oral agreement just as much as a written one.

A lease option is a legal agreement that allows you to control a property and generate income from it, with the right (but not the obligation) to buy it later. .

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Illinois Option to Lease Real Estate - Long Form