What exactly is a lease option or rent to own property? Simply put, it is leasing a property with the option to purchase this property in the future.  The price of the property is decided at the time the lease-option agreement is signed by both parties.  Most often the monthly payments are slightly higher than the going rent and sometimes the lessee will provide a down payment to show good faith. The excess monthly payment amount will be set aside by the lessor and will be credited toward your future down payment. For example, if the owner’s expected market rent were $1,500 per month, he or she might increase that to $1,800 per month and apply $300 per month to your down payment. After one year, you would have a down payment credit of $3,600.

Pros for Lessees: Lessees who enter in to a lease-option in an improving market may find the value of the house they are buying is significantly greater than the purchase price (remember we fixed the price at the time of the lease signing).

Cons for Lessee: There is a degree of risk for lessees seeking the lease-option. People seeking this arrangement usually do so because they cannot qualify for a home loan. If your financial conditions do not improve to the point where you can qualify for a loan when the option to purchase date arrives, you will lose any option money that has been shelled out.

“Assignable” vs. “Non-Assignable.” Assignable lease-options mean that the lessee can offer another person the opportunity to buy the property at the set purchase price. Smart sellers with put in a “Non-Assignable” clause to ensure that if the market goes up and the lessee is still not in a position to buy the house, that he/she cannot sell it to a third party for a nice sum.

It is imperative that you formalize your lease- option with a written contract. All details must be specified ie the amount of rent to be credited towards down payment, sales price, expiration of the option and any contingencies there may be, just to name a few.

The owner remains responsible for property taxes, insurance, and sometimes even repairs to the property during the lease-option term. Likewise, it is the owner, who would suffer a loss if the property were damaged or destroyed during your lease-option term. It is always a good idea to purchase separate renter’s insurance to cover your own personal belongings.

If you elect not to exercise the option to purchase the home, your credited rent usually is forfeited to the owner. It is considered compensation to the owner for the option. Some reasons why you may decide not to exercise an option include lower property values in the area, an inability to obtain a mortgage, a job transfer or the like.

Once upon a time long long ago, the biggest concern for a renter was perhaps paying their rent on time and possibly obtaining renter’s insurance.  Unfortunately those days are gone.  Today it could be RENTER BEWARE. It is time for Las Vegas renters and renters everywhere to protect themselves.

There are several concerns for renters you should be aware of. For starters, there are actually ”landlords”  renting homes to unsuspecting renters that are not even the homeowners. Not to mention given the current state of the Las Vegas housing market, the home you are renting or planning to rent may be going into foreclosure.

There is however something you can do to protect yourself. The Clark County Assessor’s office has public records accessible online. You can look up the property address you are planning to rent and see if it is in default.  Here are some basic steps to take. First go to www.accessclarkcounty.com to obtain the parcel number. You do this by using the “record search” tab at the top of the page. Next, click on “enter address” &  input.  Choose “parcel number record” and hit submit. Once you have the parcel number,  move to the recorder’s page. Under the “search records tab” do an “advanced search”. Enter the parcel number and then click on “detail data”. You are looking for a recorded document called a Notice of Default or a Breach in the document field type. If the property is going into foreclosure, it will most likely be within the next 120 days of the date posted on the document. If it lists a Notice of Sale or Notice of  Trustee Sale, then foreclosure is imminent usually within the next 30 to 60 days. Keep in mind that all banks have different time lines for their foreclosure process depending on how backed up they may be and these numbers are approximates. If the property has already been foreclosed on, there will be a TRUSTEE DEED recorded. This means that the bank has already taken ownership of the home.

Any renter would be wise to do a little research before handing over any monies to their new landlord. It only takes a few minutes and it’s all FREE!