I'm confusing myself regarding Lease Options. Help!

I'm confusing myself regarding Lease Options. Help!

Member since 2023 · 11 posts · 3 votes

I'm reading Brandon Turner's Investing in RE with Low Money Down and I can't wrap my head around what a "Lease Option" represents. 

I understand that a lessee is paying rent + an option fee to live in the house while they get their credit/finances in order to eventually purchase the house within the duration of the lease option. But things start throwing me off once we start talking about the lessee turning the house into an Airbnb, renting rooms out, etc. 


Say I am leasing my house out to Bob. I've done my research and trust him to be a good lessee and not do anything crazy in the house during the time he's there. However, Bob could theoretically rent out the house to a drug lord who does all of his crack/cocaine operations out of the house. Eventually, the lease option expires and Bob decided not to go through with purchasing the house and parts ways. I then go to the property to check it out and I find tons of damage, drugs, bullet shells, cigarettes, stained carpets, weird smells, etc. I contact Bob and ask him what happened and he tells me he rented it out to some crack dealer that I had no idea about/would not have let into my house.


How does Bob have the authority as a lessee to take a lease on my house, rent it out to somebody without running it by me (especially if it's somebody I would disapprove of), and then just leave once the lease option expires? I understand that he'll most likely pay for all of the damage, but the very idea of a lessee having the authority to just rent the house to anybody without my approval seems crazy. Is there something I'm not understanding in terms of liability? 

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Rental Property Investor · Concord, NC · Member since 2016 · 1k+ posts · 3k+ votes
3y

Agree with @Don Konipol.  However, I've read of tenants doing so many quirky things, my lease would be 20+ pages trying to cover all the nuances.  I find a simpler M2M rental agreement much better.  A quick remedy to a misbehaving tenant that refuses to comply. 

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  • Don KonipolBusiness Member
    Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes
    3y
    Quote from @Gavin Rein:

    I'm reading Brandon Turner's Investing in RE with Low Money Down and I can't wrap my head around what a "Lease Option" represents. 

    I understand that a lessee is paying rent + an option fee to live in the house while they get their credit/finances in order to eventually purchase the house within the duration of the lease option. But things start throwing me off once we start talking about the lessee turning the house into an Airbnb, renting rooms out, etc. 


    Say I am leasing my house out to Bob. I've done my research and trust him to be a good lessee and not do anything crazy in the house during the time he's there. However, Bob could theoretically rent out the house to a drug lord who does all of his crack/cocaine operations out of the house. Eventually, the lease option expires and Bob decided not to go through with purchasing the house and parts ways. I then go to the property to check it out and I find tons of damage, drugs, bullet shells, cigarettes, stained carpets, weird smells, etc. I contact Bob and ask him what happened and he tells me he rented it out to some crack dealer that I had no idea about/would not have let into my house.


    How does Bob have the authority as a lessee to take a lease on my house, rent it out to somebody without running it by me (especially if it's somebody I would disapprove of), and then just leave once the lease option expires? I understand that he'll most likely pay for all of the damage, but the very idea of a lessee having the authority to just rent the house to anybody without my approval seems crazy. Is there something I'm not understanding in terms of liability? 

    A lease is a contract. You can insert a clause in the lease prohibiting the tenant from subleasing the property or prohibit him from subleasing without landlord approval.  The terms of the agreement are dictated by (1) the lease and (2) applicable real estate and commercial laws and regulations. 
    Private Mortgage Financing Partners, LLC
  • Member since 2023 · 11 posts · 3 votes
    3y

    Thanks! 

  • Noah CorwickPro Member
    Realtor · Phoenix, AZ · Member since 2021 · 271 posts · 115 votes
    3y
    Quote from @Don Konipol:
    Quote from @Gavin Rein:

    I'm reading Brandon Turner's Investing in RE with Low Money Down and I can't wrap my head around what a "Lease Option" represents. 

    I understand that a lessee is paying rent + an option fee to live in the house while they get their credit/finances in order to eventually purchase the house within the duration of the lease option. But things start throwing me off once we start talking about the lessee turning the house into an Airbnb, renting rooms out, etc. 


    Say I am leasing my house out to Bob. I've done my research and trust him to be a good lessee and not do anything crazy in the house during the time he's there. However, Bob could theoretically rent out the house to a drug lord who does all of his crack/cocaine operations out of the house. Eventually, the lease option expires and Bob decided not to go through with purchasing the house and parts ways. I then go to the property to check it out and I find tons of damage, drugs, bullet shells, cigarettes, stained carpets, weird smells, etc. I contact Bob and ask him what happened and he tells me he rented it out to some crack dealer that I had no idea about/would not have let into my house.


    How does Bob have the authority as a lessee to take a lease on my house, rent it out to somebody without running it by me (especially if it's somebody I would disapprove of), and then just leave once the lease option expires? I understand that he'll most likely pay for all of the damage, but the very idea of a lessee having the authority to just rent the house to anybody without my approval seems crazy. Is there something I'm not understanding in terms of liability? 

    A lease is a contract. You can insert a clause in the lease prohibiting the tenant from subleasing the property or prohibit him from subleasing without landlord approval.  The terms of the agreement are dictated by (1) the lease and (2) applicable real estate and commercial laws and regulations. 

    Don is right on the money here. You would need to make sure everything you feel is most important to protect yourself from this scenario is in the initial contract. The more details, the better!

  • Morris County, NJ · Member since 2020 · 5k+ posts · 2k+ votes
    3y

    @Gavin Rein

    As mentioned, you basically put in the lease contract that your tenant can't sublet the unit.

    Is that you question, about subletting?  Or, anything about the option?

  • Rental Property Investor · Concord, NC · Member since 2016 · 1k+ posts · 3k+ votes
    3y

    Agree with @Don Konipol.  However, I've read of tenants doing so many quirky things, my lease would be 20+ pages trying to cover all the nuances.  I find a simpler M2M rental agreement much better.  A quick remedy to a misbehaving tenant that refuses to comply. 

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