Pros & Cons Of Leaseback Agreements In Florida
Buying or selling a house can be stressful and overwhelming. It can also be hard to figure out the logistical aspects, such as timing. A leaseback agreement can help with this aspect, allowing the seller of a house to remain in the property as a tenant before they move to their new home.
There are pros and cons to a leaseback agreement in Florida for both buyers and sellers. While this type of arrangement can provide rental income to the buyer and give the seller some time to move, it can also come with complications, such as a difficult landlord-tenant relationship between the buyer and seller. Any leaseback agreement should be carefully considered and must always be in writing.
At Eaton Realty, we represent buyers and sellers in real estate transactions throughout West Central Florida. We also offer comprehensive property management services, giving us insight into landlord-tenant issues that may arise in a leaseback arrangement. Contact us today to talk to a member of our real estate team about buying or selling property in Hillsborough County.
What Is a Leaseback?
A leaseback agreement is a type of real estate agreement. Sometimes referred to as a sale-leaseback or a rent-back, it is an arrangement where the seller of a property becomes the tenant after the sale has been completed.
After the closing, the title of the property transfers from the seller to the buyer. The new owner then leases the property to the former owner for a set period of time (usually a few weeks or months). The former owner pays rent to the new owner while they are renting the home.
A leaseback agreement is often used when the seller needs some extra time before moving out of their house. For example, if the seller is building a new construction home and the house isn’t quite ready, a leaseback would let them stay in their house until it is completed. It also allows the seller some time to pack up their house and move after selling their current house.
Buyers receive rent in exchange for letting the sellers remain in their home. This can be a good source of income after the expense of buying a new house, particularly after making a down payment and paying closing costs. It can also give them flexibility when it comes to their own moving timeline.
Given all of the moving parts associated with buying and selling a house, it isn’t surprising that leasebacks are fairly common in Florida real estate transactions. Below, we explore some of the pros and cons of leaseback agreements to help you make an informed decision about whether to agree to this type of contract.
Should You Agree to a Leaseback? Pros and Cons
When you buy a new house, you probably can’t wait to be able to get into your new home. It’s an exciting time, and you’re almost certainly ready to start your new life. So if the sellers ask you for a leaseback arrangement, you might be a bit unsure about what you should do.
There are both upsides and downsides to rent-back agreements for buyers and sellers alike. Understanding exactly what a leaseback entails is the key to making an informed decision on how to proceed.
Benefits of a Leaseback
There are many different scenarios when a leaseback agreement makes sense, particularly for the sellers. This may include situations such as:
- The new home that you have purchased won’t close for weeks or months after you close on the sale of your current home;
- You are building a new home, and there are construction delays;
- You have school-aged children and want them to finish out the school year at their current school; or
- You haven’t found a new house that you want to buy yet, but you got a great offer on your home that you can’t pass up.
Pros For The Seller
Additional Time
For sellers, the benefits of a leaseback are pretty straightforward. This type of agreement allows sellers more time to find or move into their new home. It also helps them avoid the hassle and expense of moving twice and potentially paying for temporary housing in the process. It can also make the moving process more manageable, as the sellers won’t have to be out of the house immediately after closing.
Pros For The Buyer
A More Enticing Offer
Buyers can also benefit from rent-back agreements. From the outset, it can make your offer much stronger. This is particularly important in a competitive real estate market. Showing flexibility and a willingness to accommodate sellers can make a big difference when there are multiple bids on a property.
Added Rental Income
Buyers can also benefit from earning rental income from the sellers. Buying a new house can be incredibly pricey, between the down payment, home inspection and appraisal fees, closing costs, and moving expenses. Doing a rent-back agreement can allow you to replenish your bank accounts through monthly rent payments from the sellers.
These benefits are a primary reason why it isn’t unusual for a real estate transaction to include a leaseback provision. Of course, there are also potential downsides when it comes to any type of agreement, for both buyers and sellers. You should carefully consider a rent-back before agreeing to anything.
Drawbacks of a Leaseback
In some situations, a rent-back agreement is the best and most practical solution to challenges such as not having new housing ready when you close on your current house. But there are disadvantages to a leaseback in Florida real estate transactions.
Cons For The Seller
Added Rental Expense
For sellers, a leaseback may be the best option based on their circumstances. However, it can be an expensive option. Convenience comes at a cost – your rent during the rent-back phase is often higher than your mortgage payment. If you are also paying costs associated with buying or building a new home (plus moving expenses), this could be a pricey arrangement.
Rental Restrictions & Liabilities
It can also be a bit odd to live in your house as a tenant rather than as an owner. If you want to make changes, you won’t be able to do so because you’ll be a tenant rather than a landlord. You will also be on the hook for any damages that may occur in what is now no longer your house.
Cons For The Buyer
Potential For Difficult Tenants
This brings us to the risks for the buyers. It can be difficult for the sellers to transition into the role of tenants when they are living in a house that they may have owned for years. Being a landlord can be tricky in the best of circumstances, but it can be particularly fraught when your tenants are the former owners of the house. They might not respect your role as the landlord, which can make things like collecting rent or dealing with issues harder.
Any Property Damage May Be Difficult To Recover
It also isn’t a traditional landlord-tenant relationship in other respects. For example, when you rent a property to someone, you usually have the opportunity to inspect the premises before your tenants move in so that you can check for issues. When the tenants are already living in the house, you probably won’t have that same opportunity to do a walkthrough, which can make it hard to determine if something was damaged and to potentially go after the tenants/former owners for any losses.
The Sellers May Refuse To Leave
You may also run into problems if the former owners don’t want to move out at the end of the leaseback term. This could happen for a number of reasons, such as their new house not being ready. The formal eviction process can be lengthy and expensive, which can delay your move-in by a month or longer.
Delayed Move-In
Of course, a leaseback will always delay your move-in, which is a major drawback for many buyers. If you have a place to live, then this might not be a big deal. But you will have to consider the practical realities of this arrangement before agreeing to it.
Insurance Considerations
Technically, the property is being used as a rental and your homeowners' insurance policy should match that classification (DP-3). Lenders won’t want to see an insurance policy that indicates the property is a rental, though, so you’ll need get an owner-occupied (HO-3) policy. Keep in mind, though, that should the worst happen, insurance carriers can deny claims if the policy doesn’t match the current use of the property. You’ll need to get a “post-closing occupancy” or “seller occupancy” endorsement on the policy so that the insurance company knows the seller will be living in the home temporarily.
Length of Leaseback Could Impact Rate & Loan Terms
Finally, you will have to be careful when it comes to the length of the leaseback agreement. At a certain point (typically more than 60 days), your lender may decide that your house is being used as a rental property rather than a primary residence. This could affect your interest rate and loan terms. You will also have to report rental income to the IRS.
In some situations, a leaseback agreement might be the only way that you can purchase a house that you want to buy, especially in seller-friendly markets. Keep in mind that leaseback contracts can be negotiated. If a seller requests a leaseback or includes it as part of a contract, be sure to talk to your Tampa real estate agent about it and what it means for your purchase.
What Should Be Included in a Florida Leaseback Agreement?
A leaseback should never be an informal agreement. There are important legal rights at stake in this type of contract, which is why it should always be formalized in writing. Ideally, you will consult with a real estate attorney to help you develop the lease agreement. You should also notify your lender, as renting out your house for too long can impact your mortgage.
The terms of the leaseback agreement can vary, but typically include:
- Duration of the leaseback term (i.e., from the closing date until the day that the seller must vacate the premises)
- Rental rate
- Security deposit, if required, and details on how the security deposit will be managed per Florida law
- Utilities (whether they will be paid by the buyer or the seller for the leaseback term)
- Responsibility for home maintenance and repairs during the rental period
- Insurance, as the sellers will likely need to purchase a renter’s insurance policy after closing
As an alternative, you may consider a Seller in Possession (SIP) form if the seller only needs to stay in the house for 30 days or less. A SIP is a short-term agreement that is often included as part of the closing documents. It will still cover the same terms as a leaseback agreement, but can be a simpler solution if the seller just needs to stay a few days or weeks after closing.
The most important thing to remember is that everything should be in writing. Whether you are the seller or the buyer, you want to ensure that your rights are protected in such a major transaction. Be sure to consult with your Hillsborough County real estate agent to understand the benefits and risks before you sign the agreement.
Buying or Selling a Home in Hillsborough County? Give Us a Call!
A leaseback agreement can be both a smart and practical arrangement. However, it also comes with certain risks, especially for the home buyers. If a leaseback has come up in your potential home purchase or sale, our Tampa Realtors can walk you through the pros and cons based on your unique situation.
Eaton Realty offers full-service real estate options throughout Hillsborough County. We understand the ins and outs of Florida real estate, including options like leaseback agreements. In each transaction, we will represent your best interests and help you get the best possible deal.
If you’d like to learn more, fill out our online contact form or give us a call at 813-672-8022 to talk to a team member.
