Attorney Jason A Greller
Can You Enter Into a Rent to Own Property Agreement in Wisconsin?
Yes, rent-to-own property agreements, also known as lease-option or lease-purchase agreements, are allowed in Wisconsin. These agreements combine elements of a standard lease and an option agreement or a purchase agreement, giving the tenant the option or the obligation to buy the property at the end of the lease term.
Here are some key components of a typical lease with an option to purchase agreement:
Lease term: The lease term specifies the duration of the rental period, which is typically between one and three years. During this time, the tenant is responsible for paying rent and maintaining the property.
Option to purchase: In a lease-option agreement, the tenant has the option (but not the obligation) to purchase the property at the end of the lease term. The tenant can choose not to exercise the option, in which case the agreement simply functions as a standard lease.
Purchase price: The purchase price of the property is usually determined and agreed upon when the rent-to-own agreement is signed. In some cases, the price may be based on the property's market value at the end of the lease term or a predetermined appreciation rate.
Option fee: The tenant usually pays the landlord a non-refundable option fee at the beginning of the lease term. This fee is often credited toward the purchase price if the tenant decides to buy the property. If the tenant chooses not to exercise the option, they forfeit the option fee.
Rent premium: In some rent-to-own agreements, a portion of the monthly rent payment may be credited toward the purchase price. This rent premium is often an amount above the fair market rent for the property.
Maintenance and repairs: The tenant may be responsible for property maintenance and repairs during the lease term. This responsibility should be clearly outlined in the rent-to-own agreement.
Rent-to-own agreements can be complex and involve significant financial and legal commitments. It is essential to consult with a real estate attorney familiar with Wisconsin law to ensure that your rent-to-own agreement is legally compliant and protects your interests.
Please note that this information is for general informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation and understand your legal options.