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Updated about 6 years ago on . Most recent reply

Account Closed
  • Tampa, FL
53
Votes |
51
Posts

Lease option questions I am yet to find answers to. Please advise

Account Closed
  • Tampa, FL
Posted

Hello all,

As I ponder lease optioning my primary residence, I'm weighing all risks as I see them and I was hoping to get some help understanding how to think about, deal with, and plan for the following scenarios.

1.  Option Expires Worthless

Buyer / tenant is unable to finalize the sale for whatever reason.  Do you evict them?  Do you offer them the ability to rent from you as a normal tenant (w/o option)?  From a LEGAL perspective, what are your options? My desired outcome would be to have them exit the property as fast as possible if they are unable to finalize the sale.

2.  Buyer / Tenant Falls on Hard Times

51 Leading economic forecasters were surveyed and 45 of them said we should expect a recession in either 2020 or 2021. Thus, folks will inevitably lose jobs.  If someone loses their job and is not able to continue to make payments while under the lease option, how do you remove them from the property? How long does it take?  I know that you cannot EVICT someone from a property who has an interest in the title (in Nevada).  I've seen info online referring to the buyer / tenant being foreclosed on and there subsequently being an auction... do I really have to foreclose on my property and put it up for auction? 

That aside, as I dig deeper, and delve further down the rabbit hole, it seems to me that this "acquire subject to and lease option" stuff is an REI Trojan horse. It seems like someone with the best intentions in the world can get caught up in a situation where that "lease option" on that house they bought "subject to" goes bad, and now they're looking at a potential felony (depending on the state) if they don't keep up the payments. On top of that, the legal fees and time it takes to clear the property...

Thoughts? Thanks!

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