Ever hear of rent back agreements? So what are they, and what are the advantages and disadvantages associated with this kind of real estate transaction?

Rent Back Agreements Defined

Wikpedia defines rent back agreements as “a form of property transaction involving the expeditious sale of an owner occupier’s residence to a landlord or property company and renting it back from the new owner.” They are also known as post-settlement occupancy agreements.

This kind of transaction allows a home seller to buy himself extra time to stay in the home after closing.

And why would a home seller need extra time beyond the closing date to stay in the home?

Rent Back Agreements Explained

Here are a couple of home sale stories to help explain what rent back agreements are.

The Story of the Brownstone

My wife and I paid a builder to build a getaway home outside of New York City limits. And now our builder is nearing completion.

We put our brownstone up for sale as soon as the builder broke ground, assuming that it could be on the market for a little while. But guess what? Our custom home isn’t quite finished, and we already have a buyer for our brownstone.

The buyer has come to an agreement on a reasonable closing date with us since our new home is almost built. But again, guess what? As our closing date approaches, the builder has informed us of a major delay. This snag is going to keep us out of our new home for another 30 days past the closing date.

So what can we do? We know the buyer wants to move into their brownstone on closing day. Wouldn’t you? Of course you would!

The Story of the Offer Too Good to Refuse

My friend was selling her condo. And it wasn’t long before she received a very attractive cash offer that was just too good to refuse. The cash offer, however, came with a very short time until closing. She expected and planned on having more time to find a new place to live. But she knew she couldn’t turn down the buyer’s cash offer.

So there she was, cash in hand and no home to move into at closing time. What could she do?

Benefits of Rent Back Agreements

In both of the stories, the sellers ended up with no place to go on closing day. And in both cases, their real estate agents proposed rent back agreements.

In the case of the condo seller, her buyer was an investor who was planning to rent the condo out anyway. And he readily accepted. For 40 days past the closing date, she paid a daily rate that was equivalent to her mortgage payment plus the condo fee.

Benefits for the Seller

• Allowed to stay in the home until a specified date past closing
• Able to put things together to close the deal (if used properly with the appropriate language inserted in the addendum to the contract)

Benefits for the Buyer

• Extra income can offset mortgage payments and some closing costs, such as broker commissions, appraisal fees, and attorney fees
• Agreeing to a rent back gets your offer accepted in multiple offer situations in most cases

Benefits for Both the Buyer and the Seller

• Minimizes stress for everybody involved by wrapping the rent into the closing and delivering it as a single payment
• Used judiciously, it’s a win-win for all parties

Before Agreeing to Rent Back Agreements

Before agreeing to rent-back agreements, think carefully about the terms. Spell out the details for the record to avoid misunderstandings.

• Understand why the seller wants a rent-back agreement
• Charge a fair price
• Don’t sign a lease that lasts longer than 60 days
• Charge a holdover fee if the seller stays longer than agreed
• Collect a security deposit
• Require renters insurance

Most people do their best to plan ahead. But life happens. When a seller gets an offer with a proposed settlement date, they might ask, “Now, how am I going to coordinate getting out of this house and into another without having movers lined up in the driveway?”

Take note: Rent back agreements should be treated the same as you would treat any other business relationship. Buyers, never let the sellers retain possession of the home without drawing up a formal occupancy agreement, never. Because with terms and conditions of the seller’s stay in the buyer’s new home, both parties are protected.

Have you ever needed rent back agreements? Did a real estate agent you were working with suggest using a rent back agreement? There’s a lot that goes into a good rent back agreement. And in order for it to do its best work for both parties, it must be used properly. I recommend consulting with a real estate lawyer for more information.

Are you relocating? If you took a new job in a new place, and you just can’t get your house sold, you’re probably feeling like you’re in a bit of a pickle. Whenever a home sells, it’s always our hope to close the sale within a certain amount of time. This is especially true when you’re relocating or need to sell your house before buying another one. But sometimes it takes a lot longer than planned. Don’t fret. You can rent your home.

When You Need to Sell Your House but It Isn’t Selling, Rent It

The people who first came to mind when I started this blog post are those in military service.

Some friends of mine who serve in the Air Force relocated from South Dakota to Wyoming. Since they couldn’t live on base in the military housing provided to Air Force Officers, they bought a home. Then, two years later, the Air Force gave them orders to serve in Wyoming. But they couldn’t sell their house in South Dakota.

So what could they do?

Renting Until You Sell Your House

Renting your home is one way to generate cash flow while you wait for your home to sell. The monthly rent pays all or part of your mortgage costs and therefore, helps you avoid foreclosure. And if the market is slow like it was in 2008, renting allows you to:

• Sell your home for a profit when the market recovers
• Keep the mortgage paid until you find a qualified buyer

But you’ve got to weigh your pros and cons with renting.

What to Know Before Renting Your Home

There are important things to consider about renting before you’re a landlord.

• Costs
• Rates
• Tenants
• Benefits

 

Costs

The costs of becoming a landlord involve Homeowner’s Insurance, Property Management, and Capital Gains.

1. Your Homeowner’s Insurance needs to change to a policy that covers landlords and rental properties specifically. And landlord policies cost more than a standard homeowners policy since landlords need more protection than the typical homeowner.

2. Property management could cost you a lot of the monthly rent payment your tenants pay you, especially if you are a remote landlord. Unless you live near the rental, and you are skilled to take care of clogged drains, routine maintenance, or even deadbeat tenants, you will have to hire a property manager. And the cost to pay a property manager is generally around 10 percent of the monthly rent.

3. Simply, you must live in your home for two of the five years prior to the sale of your home in order to avoid paying Capital Gains Taxes on:

• up to $250,000 of profit if you are single
• $500,000 of profit if you are married

However, if you rent your home for longer than three years after you relocate and then sell your house for a profit, taxes on that profit gained are due to the federal government.

Rates

What will you charge your renters to rent your home? What’s appropriate? This alone can be difficult to determine due to all the factors that need to be considered.

• In general, it is suggested that you charge at least one percent of the mortgage. This should generate enough positive cash flow.
• Charging one percent of the mortgage must also be reasonable for your neighborhood. Find out what the rental properties near your home are renting for to help you determine what is reasonable. To learn about rates, talk to property management agencies, search for similar rentals online, and check Craigslist, Rentometer, and Rent.com.
• To get an idea about how much money you can expect to receive from a year of renting, you have to factor in your vacancy rates. It is suggested that investment property owners plan for only ten and a half months of occupancy per year.

What if you find that the rent you should charge, minus the costs and vacancy rate, won’t actually be enough to cover your monthly mortgage? It may still make sense to rent out your home until you sell your house instead of attempting to carry the mortgage all by yourself.

Tenants

After researching the costs involved as a landlord and the rates you should charge to rent your home, you still have to find reliable tenants. How?

• Advertise – Advertise online, on rental sites like Rent.com and Craigslist, and on social media. And advertise on local relocation firms, HR departments, and local universities, too. Always advertise the good old-fashioned way, too. Put a sign in your yard.
• Ask questions – Put every applicant through a screening process. Boilerplate applications and lease agreements can be found online, but you must ask your potential tenants about their: income, employment history, rental history.
• Call all of their references.

Note: You can request Social Security numbers for background and credit checks through a website like E-Renter. Background and credit checks cost around $25, but that’s nothing compared to the number of headaches you could be spared.

Benefits

The benefits of renting your home until you sell your house shouldn’t be overlooked.

• Capital Loss. Renting your home and then selling it at a loss allows you to claim the capital loss against your income. That can be a huge tax break!
• Tax Breaks. There are other tax breaks available to you as a homeowner who rents your home. Landlords can deduct almost any expense related to the maintenance and marketing of their rental property. Insurance premiums, repairs, advertising costs, landscaping services, property management services, mortgage interest, and travel expenses related to the rental can be deducted.

 

More Notes Worth Considering Before You Rent Your Home

Renting your home until you sell your home is a great way to generate cash flow, cover your mortgage costs, and avoid foreclosure. But if you choose to rent your home:

• Plan to rent it for at least one year.
• Draw up a lease. Most renters prefer the security of a lease. But include a clause in the lease about the home being for sale. And see a real estate attorney for help with making your lease agreement clear, making sure it protects you.
• Know the rental laws in New York.
• Save money for repairs. You will have to make repairs before your renters move in and again after they move out. You are responsible for repairing anything major that breaks, such as the air conditioner or refrigerator.

Do you need to sell your home? Call Charles D’Alessandro, your Brooklyn Real Estate Agent with Fillmore Real Estate at (718) 253-9600 ext.206. Or email him at [email protected]. Charles can help you sell your home or protect your home as a rental property.

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 Charles D’Alessandro

Your Brooklyn Real Estate Agent

718-253-9600 ext. 206

[email protected]