San Diego California Option to Purchase Addendum to Residential Lease - Lease or Rent to Own

State:
California
County:
San Diego
Control #:
CA-00547
Format:
Word; 
Rich Text
Instant download

Description

This Option to Purchase Addendum to Residential and Lease Agreement is entered into by and between the lessor and the lessee. The lessor agrees not to offer the residence for sale to anyone during the term of the lease, and to give the lessee (tenant) the option to purchase the residence at any time prior to the expiration of the lease, provided the lessee gives notice of intent to purchase in accordance with the provisions of the Addendum. At that point, a separate contract of sale will be executed and the sale will proceed as any sale would.


Please note: This Addendum form is NOT a lease agreement. You will need a separate Residential Lease Agreement. The Addendum would be attached to that Agreement


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FAQ

optiontobuy arrangement can be a solution for some potential homebuyers, but it's not right for everyone. If you're not certain that you're going to be able to purchase the rental home at the end of the lease period, you might be better served with a standard rental agreement.

A lease addendum is a separate legal document that allows a landlord to add additional information or make changes to a lease agreement. Instead of changing the actual lease agreement, an addendum is a document added that outlines its modifications.

Both parties must agree to the proposed amendments. A lease is a legally binding agreement between a tenant and landlord, therefore it cannot be altered without both parties' consent. Typically, a landlord is more likely than a tenant to propose an amendment to the lease.

Good Cash Flow. Lease options tend to produce good cash flow if you do your due diligence and get the right properties. The option fee plus your monthly rent (less paying the seller's mortgage) can be substantial over a year or more.

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.

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.

In general, things to include in a lease addendum might be: Your name. The rental property address. The tenant's name. Relevant policy/information (that complies with your state/municipal's rental laws) Consequences for breaking any contract agreements. Space to sign & date for landlord. Space to sign & date for tenant.

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.

To make money with a lease option the investor must find a renter to pay more than the amount the investor agreed to with the property owner. For example, if the investor agreed to pay $1500 each month but finds a tenant to pay $1800 each month, the investor makes a monthly income of $300 for the property.

A Lease Amendment is used to modify an existing Lease Agreement between a tenant and landlord by adding or removing clauses, or changing existing clauses. An amendment allows the parties to change the terms without having to sign a new Lease Agreement.

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San Diego California Option to Purchase Addendum to Residential Lease - Lease or Rent to Own