Mecklenburg North Carolina Tenant's Intent to Accept Lifetime Lease

State:
Multi-State
County:
Mecklenburg
Control #:
US-03368BG
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Word; 
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Description

A life lease can be for the life of the tenant, for a specific term (e.g. 50 years), and some have no specified termination date. Under a life lease, a tenant pays an entrance fee for a rental unit. The tenant also pays rent each month to cover maintenance and other expenses. They then have exclusive use of their suite, shared use of all common areas and facilities, and other benefits. Majority of life lease communities are developed and owned by non-profit organizations, charitable groups, service clubs or religious institutions.


Properly structured, the life lease form of ownership offers similar protection to freehold ownership. For example, the life lease can be registered on title to the property the same as a deed can be registered on a condominium or detached house. When a resident leaves or passes away, the lease usually can be sold to someone on the sponsors waiting list or on the open market, or transferred back to the developments sponsoring organization. Some life lease agreements permit the interest to be passed to the residents family through their will. Conditions of this right of transfer are determined by the non-profit organization that establishes the life lease project. Most non-profit organizations, in consultation with the residents, restrict who can live in the building to ensure that the integrity of the community is maintained. Often the life lease project maintains a waiting list of applicants, who meet the entrance criteria for the housing community, and have first option to purchase the life lease.

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FAQ

There are certain steps a landlord must take to notify the tenants of the non-renewal. Most states require the landlord to give some kind of written notice to the tenant. The lease renewal notice period is usually 30 to 60 days, depending on the state.

Refusal to Renew In most cases, landlords of non-rent controlled or non-rent stabilized residential dwellings can refuse to renew the leases of their tenants. As the "NOLO" website notes, landlords are free to decline to renew both fixed-term tenant leases and month-to-month versions.

Life tenants cannot sell the property (since they don't own it), and neither can they leave it to anyone in their own wills.

When the Life Tenants vacate the property permanently, it is yours to do with as you wish but until then if any one purchases the property, there is no rent paid by the tenants so no rental income can be made. Also the buyer can not live in the property until its vacated by the life tenants.

Income Tax Often, IPDI Trusts do not generate any income because the only trust asset is a house in which the Life Tenant lives. However, the house may be rented out, or sold and the proceeds invested to produce an income for the Life Tenant. Income received by the Trust should strictly be declared by the Trustees.

A lease for life is a lifetime tenancy agreement between the new or current owner of a property and a tenant who wants to lease the property until they pass away. They are often exercised by investors who are looking for a long term capital growth investment as the property itself may not be income-producing.

If there is no written lease, the landlord has to give the tenant sixty (60) days notice to terminate the tenancy.

Unless you or your landlord takes specific steps to end the agreement under the lease, it will simply continue on exactly the same terms. You do not need do anything unless you receive a notice from your landlord.

These tenancies usually begin as fixed term tenancies where the duration is defined from the outset, typically anywhere between 6 months to three years (but can be up to seven years) as mutually agreed between the landlord and tenant.

So, how long is a long term tenancy agreement? In short, a long-term let is anywhere from 6 months onwards. While long term tenancies don't offer the same flexibility or increased rates as short term agreements, they do perform better in several ways.

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Mecklenburg North Carolina Tenant's Intent to Accept Lifetime Lease