under a lease with an option to buy at the end of lease..where landlord has non refundable option fee, is not crediting lease payment to balance, and has seperate document instruments..
if tenant fixes up property in any way ..painting, flooring, cleaning, hvac, appliance replace, etc)...can tenant legally ask court for refund of his/her reno or rehab?
Is there a way to word contract to avoid forclosure, and do eviction rather than forclose?
is this judge to judge, no uniform rule?
in my case, my existing properties are in Raleigh NC, and jax Florida.....and im looking for good duplicateble exit on existing and future properties..
In a lease option you still own the property so there is no foreclosure... You're just in a landlord / tenant relationship and everything gets handled in accordance with the lease. And then there's a separate document (which could have been made part of the lease) that is the option to purchase, which is another matter entirely and becomes null and void if they don't exercise it in accordance with the terms to complete the purchase.
Now this does depend on the property state laws as well as what your lease says and what the option contract says.
In a standard landlord / tenant relationship, if they improve the property they did so at their own expense with no expectation of being reimbursed... but again, what do your documents say to this?
For any lease/option in NC, you should follow the statutory requirements in NCGS 47-G. Your question about wording in the contract... this is best left to a licensed attorney. You will need to record the "Memorandum of Option Contract" (or your county equivalent) document anyway, so if I were you I'd find an attorney that has done one of these type contracts before.