Lease Options, Subject-To, and Repairs
So, back in the day before the (in my view wholly unnecessary) Dodd-Frank Safe Act it was common to perform a lease option as follows:
- Large "option payment" as a faux down-payment.
- Charge well above market rent
- Provide generous rent-credits based upon the performance of the tenant-buyer.
- Make the tenant-buyer pay for repairs below (say) $500.
- In the case of a Subject-To deal the prior owner might be contractually on the hook for repairs above $500.
I realize Dodd Fank changed much of that. I have a partial grasp of what has changed: within market rent only, capped option payments, rent credits are by decree now magically redefined as a security, etc.
My question is: having done some reading I've gotten the general impression that requiring the tenant-buyer to do repairs that traditionally fall to the landlord also violates the act. Is this understanding accurate?
I realize few of you are lawyers, and those that are aren't my lawyer, and so forth. Any clarification on this point is welcome.