Rent-to-Own Agreement Template
This owner-friendly rent-to-own agreement is for a homeowner who wants to rent a family home to a private individual and give that person the option to buy it later. It is written for two private individuals in a personal, non-business arrangement, and it keeps the main risks of the deal with the tenant-buyer rather than the owner.
Use it when you own a house or apartment, want steady rent now, and are open to selling the property to the occupant at an agreed price at the end of an option period. It suits private sales where the buyer needs time to save or arrange financing. If you are the person renting with a view to buy, a tenant-buyer-friendly version will balance repairs and refunds more in your favor. If you simply want to rent out a home with no sale in view, an ordinary lease agreement is a better fit.
The agreement opens with Definitions and Interpretation and Lease of the Premises and Term, then sets out Rent, Payment Terms, and Late Charges. Grant of Option to Purchase and Option Fee gives the tenant-buyer an option, not an obligation, to buy, while Rent Credits Toward Purchase Price credits part of the rent toward the price but leaves the option fee with the owner. Purchase Price and Exercise of the Option and Conveyance of Title and Closing Procedures explain how the sale is completed. Repairs, Maintenance, and Alterations places upkeep on the tenant-buyer, and Default, Remedies, and Forfeiture of Option Fee and Rent Credits lets the owner keep both the option fee and the rent credits if the tenant-buyer defaults or decides not to buy. Indemnification and Limitation of Owner's Liability and the owner's right of entry round out the protections.
Before signing, fill in the bracketed placeholders such as [Owner Full Legal Name], [Property Address], the rent, the option fee, the purchase price and the length of the option period. The governing law and the country are deliberately left blank, so add the law that applies where the home is located and check that the security deposit, notice periods and forfeiture terms are allowed there.
You can edit any clause online in DraftLex, regenerate a section in different words, and download the finished agreement as a Word file. This template is general information and is not legal advice.
RENT-TO-OWN AGREEMENT
This Rent-to-Own Agreement (the "Agreement") is made and entered into as of [Effective Date] (the "Effective Date"), by and between:
[Owner Full Legal Name], an individual residing at [Owner Address], [Owner Identification Number] (the "Owner"); and
[Tenant-Buyer Full Legal Name], an individual residing at [Tenant-Buyer Current Address], [Tenant-Buyer Identification Number] (the "Tenant-Buyer").
The Owner and the Tenant-Buyer are hereinafter referred to individually as a "Party" and collectively as the "Parties". Each Party enters into this Agreement in a personal capacity and for personal, family, and household purposes, and not in the course of any business or trade.
Recital A: The Owner is the sole legal and beneficial owner of the residential real property located at [Property Address], legally described as [Legal Description / Parcel Number], together with all improvements thereon.
Recital B: The Tenant-Buyer wishes to lease the Premises as a family residence for a limited term and, in addition, to obtain the exclusive right, but not the obligation, to purchase the Premises during that term.
Recital C: The Owner is willing to lease the Premises and to grant such right upon the terms, conditions, and limitations set forth in this Agreement, and the Parties therefore agree as follows.
Definitions and Interpretation
In this Agreement, the following capitalized terms shall have the meanings set forth below, and such meanings shall apply equally to the singular and plural forms of the terms defined.
"Premises" means the single-family residential dwelling located at [Property Address], together with the land on which it is situated, all fixtures, appurtenances, and improvements, and the following items of personal property included in the lease: [List of Included Appliances and Personal Property].
"Term" means the period of lease of the Premises commencing on the Commencement Date and ending on the Expiration Date, unless earlier terminated in accordance with this Agreement.
"Commencement Date" means [Commencement Date], and "Expiration Date" means [Expiration Date], being the last day of the Option Period.
"Option" means the exclusive, irrevocable (subject to the terms hereof) right, but not the obligation, granted by the Owner to the Tenant-Buyer to purchase the Premises at the Purchase Price in accordance with this Agreement.
"Option Period" means the period beginning on the Commencement Date and ending at 11:59 p.m. local time on the Expiration Date, during which the Option may be exercised.
"Option Fee" means the non-refundable sum of [Option Fee Amount] payable by the Tenant-Buyer to the Owner in consideration for the grant of the Option.
"Monthly Rent" means the monthly rental payment of [Monthly Rent Amount] payable by the Tenant-Buyer for the Premises, as set forth in this Agreement.
"Rent Credit" means the portion of each installment of Monthly Rent, in the amount specified in this Agreement, that is accrued in favor of the Tenant-Buyer as a credit against the Purchase Price, subject to the conditions and forfeiture provisions of this Agreement. The Option Fee shall not constitute or generate a Rent Credit.
"Purchase Price" means the agreed price for the Premises of [Purchase Price Amount], as fixed in this Agreement.
"Closing" means the completion of the sale and purchase of the Premises, including payment of the balance of the Purchase Price and delivery of the deed of conveyance to the Tenant-Buyer.
"Event of Default" means any event described as such in this Agreement, and "Security Deposit" means the sum of [Security Deposit Amount] held by the Owner pursuant to this Agreement.
"Currency" means [Currency], being the lawful currency in which all sums under this Agreement are payable.
Headings are for convenience only and shall not affect interpretation. References to sections or clauses are to those of this Agreement. The words "including" and "includes" mean "including without limitation." No provision shall be construed against a Party by reason of that Party having drafted it.
Time is of the essence with respect to every obligation of the Tenant-Buyer under this Agreement, including payment of Monthly Rent, exercise of the Option, and completion of the Closing. This Agreement constitutes a lease of the Premises coupled with an option to purchase, and nothing herein shall create an obligation on the Tenant-Buyer to purchase or confer on the Tenant-Buyer any equitable or ownership interest in the Premises prior to Closing.
Lease of the Premises and Term
The Owner hereby leases the Premises to the Tenant-Buyer, and the Tenant-Buyer hereby leases the Premises from the Owner, for the Term, upon the terms and conditions of this Agreement.
The Term shall commence on the Commencement Date and shall continue for a period of [Number] months, expiring on the Expiration Date, unless earlier terminated pursuant to the provisions of this Agreement or extended by written agreement signed by both Parties.
The Premises shall be occupied solely by the Tenant-Buyer and the following members of the Tenant-Buyer's immediate family: [Names of Permitted Occupants], as a private family residence.
The Tenant-Buyer shall be entitled to possession of the Premises on the Commencement Date, subject to prior payment of the Option Fee, the first installment of Monthly Rent, and the Security Deposit. The Owner shall not be liable for any delay in delivery of possession caused by circumstances beyond the Owner's reasonable control, and Monthly Rent shall abate proportionally for such delay.
The Tenant-Buyer acknowledges having inspected the Premises and accepts the Premises in their present condition, "AS IS," with all faults, whether patent or latent, except as expressly set forth in the section of this Agreement concerning representations, warranties, and disclosures.
Upon expiration of the Term without exercise of the Option, or upon earlier termination of this Agreement, the Tenant-Buyer shall vacate and surrender the Premises, broom-clean and in the condition required by this Agreement, and the Option shall automatically lapse without notice. Any holding over shall not renew the Term and shall be treated as a tenancy at sufferance subject to the holdover charge set forth in this Agreement.
If the Tenant-Buyer holds over beyond the Term or beyond any earlier termination date without the Owner's written consent, the Tenant-Buyer shall pay holdover rent at the rate of [Holdover Percentage] percent of the Monthly Rent, prorated per day, and shall indemnify the Owner against all losses arising from such holdover.
Rent, Payment Terms, and Late Charges
The Tenant-Buyer shall pay the Monthly Rent in advance, without demand, deduction, set-off, or counterclaim, on or before the [Day] day of each calendar month during the Term. The first installment, prorated if the Commencement Date is not the first day of a month, is due on or before the Commencement Date.
Payment shall be made in the Currency by [Payment Method, e.g., bank transfer] to the following account or address designated by the Owner: [Owner Payment Details]. Payment shall be deemed made only when cleared funds are received by the Owner. The Owner may change the payment details upon written notice.
The Monthly Rent shall be [Monthly Rent Amount] for the first [Number] months of the Term and shall thereafter be [Adjusted Monthly Rent Amount / Adjustment Mechanism].
If any installment of Monthly Rent or any other sum due under this Agreement is not received by the Owner within [Grace Period Number] days after its due date, the Tenant-Buyer shall pay a late charge equal to [Late Charge Amount or Percentage] of the overdue amount, which the Parties agree is a reasonable estimate of the Owner's administrative costs and inconvenience and not a penalty.
Overdue sums shall bear interest at the rate of [Interest Rate] percent per annum from the due date until paid in full, in addition to the late charge. The Tenant-Buyer shall also pay a fee of [Returned Payment Fee] for each payment that is dishonored or returned, and the Owner may thereafter require all payments to be made in certified or immediately available funds.
Acceptance by the Owner of any late or partial payment shall not constitute a waiver of any Event of Default or of the Owner's right to require strict compliance thereafter. The Owner may apply any payment received first to late charges, interest, costs, and other sums due, and then to Monthly Rent, regardless of any designation by the Tenant-Buyer.
The Tenant-Buyer's obligation to pay Monthly Rent is independent of any other obligation of the Owner. Rent Credits accrue only as provided in this Agreement and shall not reduce the amount of Monthly Rent payable by the Tenant-Buyer to the Owner.
Grant of Option to Purchase and Option Fee
In consideration of the Option Fee and the Tenant-Buyer's covenants herein, the Owner hereby grants to the Tenant-Buyer the exclusive Option to purchase the Premises at the Purchase Price, exercisable only during the Option Period and in strict accordance with this Agreement.
The Tenant-Buyer shall pay the Option Fee to the Owner in the amount of [Option Fee Amount] on or before the date of execution of this Agreement, in cleared funds in the Currency. The Option shall not take effect unless and until the Option Fee has been received in full.
The Option Fee is fully earned by the Owner upon receipt, is consideration for the Owner's withdrawal of the Premises from the market and the Owner's assumption of the burdens of the Option, and is non-refundable under all circumstances, including where the Tenant-Buyer elects not to exercise the Option, fails to qualify for financing, or defaults hereunder.
The Option Fee shall not be credited toward the Purchase Price, shall not constitute a Rent Credit, shall not constitute rent, and shall not be applied to any sum owed by the Tenant-Buyer to the Owner, except that the Owner may in its discretion retain it as part of the Owner's remedies for default.
The Option is personal to the Tenant-Buyer and may not be assigned, transferred, pledged, or encumbered, in whole or in part, voluntarily or by operation of law. Any purported assignment shall be void and shall constitute an Event of Default.
During the Option Period, and provided no Event of Default has occurred, the Owner shall not sell, convey, mortgage, or otherwise encumber the Premises in any manner that would materially impair the Tenant-Buyer's ability to purchase at Closing; provided, however, that the Owner may maintain any existing financing secured by the Premises, and any such existing encumbrance shall be discharged or otherwise dealt with at Closing from the proceeds of sale.
The Option shall be exercisable only if, at the time of exercise and at the time of Closing, the Tenant-Buyer is not in default under this Agreement and all sums then due have been paid in full.
Rent Credits Toward Purchase Price
Subject to the conditions of this Agreement, a portion of each installment of Monthly Rent actually paid in full and on time by the Tenant-Buyer shall accrue as a Rent Credit in the amount of [Rent Credit Amount or Percentage] per month.
Rent Credits shall accrue only with respect to installments of Monthly Rent that are received by the Owner in cleared funds on or before the due date, or within the grace period if the late charge has also been paid in full. No Rent Credit shall accrue for any month in which the Monthly Rent is paid after the grace period, is paid only in part, or is paid while an Event of Default subsists.
Rent Credits shall not be paid to the Tenant-Buyer in cash, shall not bear interest, and shall not constitute a deposit, escrow, trust fund, or equity interest in the Premises. They shall have effect solely as a credit against the Purchase Price at Closing.
The Tenant-Buyer shall be entitled to apply accrued Rent Credits against the Purchase Price only if the Tenant-Buyer validly exercises the Option and completes the Closing in accordance with this Agreement. The total Rent Credits applied at Closing shall not exceed [Maximum Rent Credit Amount].
The Owner shall maintain a written ledger of Rent Credits and shall provide a statement to the Tenant-Buyer upon reasonable written request, not more than once per [Period]. The Owner's ledger, absent manifest error, shall be conclusive as to the amount of Rent Credits accrued.
Rent Credits shall be reduced by, and the Owner may deduct from them at Closing, any unpaid Monthly Rent, late charges, interest, costs of repairs the Tenant-Buyer failed to perform, damages to the Premises beyond ordinary wear, and any other sum owed by the Tenant-Buyer to the Owner under this Agreement.
Rent Credits are subject to forfeiture as set forth in the section of this Agreement concerning default, remedies, and forfeiture, and, upon forfeiture, the Tenant-Buyer shall have no claim whatsoever to any Rent Credit.
Purchase Price and Exercise of the Option
The Purchase Price for the Premises is [Purchase Price Amount], payable in the Currency. The Purchase Price is fixed for the entire Option Period and shall not be adjusted by reason of any change in the market value of the Premises or any improvement made by the Tenant-Buyer.
At Closing, the Tenant-Buyer shall pay the Owner the Purchase Price, less only the accrued Rent Credits properly applicable in accordance with this Agreement and less any other adjustments expressly provided herein, in cleared funds or by such other means as the Owner may approve in writing.
The Tenant-Buyer may exercise the Option only by delivering to the Owner, before the expiration of the Option Period and in accordance with the notice provisions of this Agreement, a written notice of exercise, signed by the Tenant-Buyer, which states unequivocally that the Tenant-Buyer exercises the Option and which is accompanied by evidence reasonably satisfactory to the Owner of the Tenant-Buyer's financial capacity to complete the purchase.
Upon valid exercise of the Option, the Parties shall be bound to complete the sale and purchase of the Premises on the terms of this Agreement, and the Tenant-Buyer shall thereupon be obliged to complete Closing within [Number] days after the date of the notice of exercise, and in any event before the Expiration Date unless the Owner agrees otherwise in writing.
The Option is not conditional upon the Tenant-Buyer's obtaining financing, appraisal, inspection, or any other contingency, and the Tenant-Buyer assumes the risk that financing may not be available. The Owner shall have no obligation to provide or assist in financing or to accept any contingency.
If the Tenant-Buyer fails to exercise the Option in the manner and within the time specified herein, or fails to complete Closing when required, the Option shall automatically terminate without further act or notice, time being of the essence, and the Owner shall be released from all obligations to sell the Premises to the Tenant-Buyer.
Nothing in this Agreement obliges the Tenant-Buyer to purchase the Premises. The Tenant-Buyer's sole obligation upon non-exercise is to vacate the Premises and perform the surviving obligations of this Agreement.
Conveyance of Title and Closing Procedures
Closing shall take place at the office of [Closing Agent / Attorney / Title Company], or by such other means as the Parties agree in writing, on the date determined in accordance with this Agreement, at a time designated by the Owner upon reasonable notice.
At Closing, the Owner shall convey to the Tenant-Buyer title to the Premises by [Type of Deed, e.g., Special Warranty Deed], free of monetary liens created by the Owner, except for (i) taxes and assessments not yet due, (ii) easements, covenants, restrictions, and encumbrances of record or visible upon inspection, and (iii) matters created by or through the Tenant-Buyer. The Owner shall not be required to cure any title defect or to provide title insurance.
The Tenant-Buyer shall pay all costs of Closing, including costs of any title search, title insurance, survey, appraisal, inspections, lender fees, transfer taxes, stamp duties, registration fees, recording fees, and the fees of the closing agent and of the Tenant-Buyer's own advisors, and [Allocation of Owner's Own Attorney Fees].
Real property taxes, assessments, and utility charges shall be prorated as of the Closing date, but the Tenant-Buyer shall remain responsible for all such charges accruing during the Term. Any amounts due by the Tenant-Buyer under this Agreement shall be paid at Closing and may be deducted from the credit otherwise applicable.
At Closing, the Tenant-Buyer shall accept the Premises in their then-existing condition, "AS IS," and the Owner shall make no representation or warranty as to the condition, value, habitability, or fitness of the Premises. Risk of loss shall remain with the Tenant-Buyer, as provided in this Agreement, throughout the Term and until Closing.
The Owner shall deliver to the Tenant-Buyer at Closing the executed deed and such customary documents as are reasonably required to effect the conveyance. The Tenant-Buyer shall deliver the balance of the Purchase Price and all documents required by the closing agent. Upon Closing, this Agreement shall terminate, except for provisions that by their nature survive.
If Closing does not occur by the required date due to any act or omission of the Tenant-Buyer, the Owner may, at its election, terminate the Option and this Agreement by written notice, and the forfeiture provisions of this Agreement shall apply. The Owner shall not be liable for any failure to close caused by circumstances beyond its reasonable control.
Security Deposit
On or before the Effective Date, the Tenant-Buyer shall pay to the Owner a Security Deposit in the amount of [Security Deposit Amount] as security for the faithful performance of the Tenant-Buyer's obligations under this Agreement.
The Security Deposit is not a prepayment of rent, is not an advance payment of the Purchase Price, is not a limitation on the Tenant-Buyer's liability, and shall not be applied by the Tenant-Buyer toward any sum due hereunder.
The Owner may apply the Security Deposit to remedy any default, including unpaid Monthly Rent, late charges, costs of repairs and cleaning, damage to the Premises beyond ordinary wear and tear, and any other loss or expense suffered by the Owner. Application of the Security Deposit shall not waive any other right or remedy of the Owner.
If the Owner applies any portion of the Security Deposit during the Term, the Tenant-Buyer shall, within [Number] days after written demand, replenish the Security Deposit to its original amount.
The Owner may hold the Security Deposit together with the Owner's other funds and shall not be required to pay interest on it, except to the extent mandatorily required by applicable law.
Within [Number] days after the Tenant-Buyer has vacated and surrendered the Premises, the Owner shall return the balance of the Security Deposit, if any, after deductions permitted hereunder, together with an itemized statement of such deductions, delivered to the forwarding address furnished in writing by the Tenant-Buyer. If Closing occurs, the Owner may, at its election, credit the balance of the Security Deposit against the Purchase Price or return it to the Tenant-Buyer.
If the Tenant-Buyer defaults, the Owner may retain the Security Deposit to the extent of the Owner's losses, and the Tenant-Buyer shall remain liable for any deficiency.
Use, Occupancy, and Conduct on the Premises
The Tenant-Buyer shall use and occupy the Premises solely as a private single-family residence for the Tenant-Buyer and the permitted occupants identified in this Agreement, and for no other purpose. No business, trade, or commercial activity involving clients or employees visiting the Premises shall be conducted therein.
The Tenant-Buyer shall comply with all laws, ordinances, regulations, and requirements of governmental authorities, and with all applicable covenants, rules, and restrictions of any homeowners' association or similar body, affecting the Premises or their use, and shall pay all fines resulting from any violation by the Tenant-Buyer or any occupant or guest.
The Tenant-Buyer shall not, and shall not permit any occupant or guest to, commit waste or any nuisance, disturb neighbors, engage in any unlawful activity, or keep or store on the Premises any hazardous, flammable, or illegal substances, other than customary household products in reasonable quantities.
No animals shall be kept on the Premises without the prior written consent of the Owner, which may be withheld or conditioned in the Owner's discretion, including upon payment of an additional deposit of [Pet Deposit Amount]. Smoking is prohibited inside the dwelling.
The Tenant-Buyer shall not permit the Premises to be occupied by any person other than the permitted occupants for more than [Number] consecutive days without the prior written consent of the Owner, and shall not use the Premises for short-term or transient rentals of any kind.
The Tenant-Buyer shall keep the Premises, including yard, driveways, and exterior areas, in a clean, sanitary, safe, and orderly condition, and shall not park or store inoperable vehicles, boats, or trailers on the Premises except in areas the Owner approves in writing.
Any breach of this section by any occupant or guest shall be deemed a breach by the Tenant-Buyer.
Repairs, Maintenance, and Alterations
The Tenant-Buyer acknowledges that, during the Term, the Tenant-Buyer shall bear sole responsibility and expense for all maintenance, repairs, and replacements of every kind and nature to the Premises, whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen, including the roof, foundation, walls, plumbing, electrical, heating, ventilation, and air conditioning systems, appliances, windows, doors, landscaping, and drainage.
All repairs and replacements shall be made promptly, in a good and workmanlike manner, using licensed and insured contractors where required by law or good practice, with materials of quality at least equal to the original, and in compliance with applicable law. The Tenant-Buyer shall notify the Owner in writing of any material defect or damage within [Number] days after discovering it.
The Owner shall have no obligation to make any repair, replacement, or improvement to the Premises, and the Tenant-Buyer waives, to the fullest extent permitted by law, any right to make repairs at the Owner's expense, to deduct the cost of repairs from Monthly Rent, or to withhold rent or terminate this Agreement by reason of the condition of the Premises.
If the Tenant-Buyer fails to perform any maintenance or repair within [Number] days after written notice from the Owner (or immediately in an emergency), the Owner may, but is not obliged to, perform the same, and the Tenant-Buyer shall reimburse the Owner on demand for all costs plus an administrative charge of [Administrative Charge Percentage] percent.
The Tenant-Buyer shall not make any alteration, addition, or improvement to the Premises, structural or otherwise, without the prior written consent of the Owner. All approved alterations shall be performed at the Tenant-Buyer's sole expense, free of liens, and shall become the property of the Owner upon installation without compensation, credit against the Purchase Price, or adjustment to the Purchase Price.
The Tenant-Buyer shall keep the Premises free of all mechanics' and materialmen's liens arising from work performed or materials furnished at the Tenant-Buyer's request and shall cause any such lien to be discharged within [Number] days after notice.
Upon surrender of the Premises other than through Closing, the Tenant-Buyer shall return them in the same condition as at the Commencement Date, reasonable wear and tear from ordinary use only excepted, having completed all repairs required by this section.
Utilities, Taxes, and Insurance
The Tenant-Buyer shall pay, directly to the providers and when due, all charges for utilities and services supplied to the Premises during the Term, including electricity, gas, water, sewer, waste collection, telephone, internet, and cable services, and shall place all accounts in the Tenant-Buyer's name as of the Commencement Date.
The Tenant-Buyer shall pay, before delinquency, all real property taxes, levies, and assessments levied against the Premises for each tax period falling wholly or partly within the Term, either directly to the taxing authority or, at the Owner's request, to the Owner not later than [Number] days before the due date. The Tenant-Buyer shall deliver proof of payment to the Owner upon request.
The Owner shall maintain, at the Tenant-Buyer's expense if the Owner so elects, property insurance on the Premises in an amount determined by the Owner. Alternatively, the Owner may require the Tenant-Buyer to procure and maintain, at the Tenant-Buyer's cost, property insurance covering the full replacement cost of the dwelling, naming the Owner as insured or loss payee.
The Tenant-Buyer shall, at the Tenant-Buyer's cost, maintain throughout the Term personal liability insurance with limits of not less than [Liability Insurance Amount] per occurrence, naming the Owner as an additional insured, together with insurance covering the Tenant-Buyer's personal property. Certificates of insurance shall be delivered to the Owner on or before the Commencement Date and at each renewal.
The Owner shall have no liability for any loss of or damage to the personal property of the Tenant-Buyer or any occupant or guest, from any cause, and the Tenant-Buyer assumes all risk of such loss.
If the Premises are damaged or destroyed by fire or other casualty during the Term, the Tenant-Buyer shall continue to pay Monthly Rent and shall, at the Tenant-Buyer's cost, repair and restore the Premises, applying any insurance proceeds received for that purpose. The Owner may, at its election, terminate this Agreement by written notice if the Premises are rendered substantially uninhabitable, in which case the Option shall lapse and neither Party shall have further liability except for accrued obligations.
The risk of loss of or damage to the Premises shall be borne by the Tenant-Buyer from the Commencement Date until Closing or earlier surrender of possession.
Owner's Right of Entry and Inspection
The Owner and the Owner's agents, contractors, lenders, insurers, and representatives may enter the Premises at reasonable times and upon not less than [Number] hours' prior notice, which may be oral, written, or electronic, to inspect the condition of the Premises, to verify compliance with this Agreement, to make or supervise repairs, or to perform any other obligation or exercise any right of the Owner.
The Owner may enter the Premises without prior notice in the event of an emergency, including fire, flooding, gas leak, or threat to the safety of persons or property, or where the Owner reasonably believes the Premises have been abandoned.
During the final [Number] days of the Term, or at any time after the Option has been terminated, the Owner may enter the Premises, on reasonable notice, to show the Premises to prospective purchasers, tenants, appraisers, or lenders, and may display customary "for sale" or "for rent" signs.
The Tenant-Buyer shall not unreasonably withhold, delay, or condition access, and shall not change or add locks without providing the Owner with a duplicate key or access code immediately.
The Owner shall use reasonable efforts to minimize disruption to the Tenant-Buyer in the exercise of the rights in this section, but any entry in accordance herewith shall not constitute an eviction, a breach of quiet enjoyment, or give rise to any abatement of Monthly Rent or any claim for damages.
Inspection by the Owner shall not constitute acceptance of the condition of the Premises or a waiver of any right or remedy, nor impose upon the Owner any duty to inspect or any liability for failing to discover any defect.
Assignment, Subletting, and Recording Prohibited
The Tenant-Buyer shall not assign this Agreement, the lease, or the Option, nor sublet, license, or grant any right of occupancy of all or any part of the Premises, nor otherwise transfer or encumber any interest in this Agreement or the Premises, whether voluntarily, involuntarily, or by operation of law, without the prior written consent of the Owner, which may be withheld in the Owner's sole and absolute discretion.
Any purported assignment, subletting, transfer, or encumbrance in violation of this section shall be null and void and shall constitute an Event of Default, entitling the Owner to exercise all remedies provided in this Agreement without any cure period.
The Tenant-Buyer shall not record, register, or file this Agreement, any memorandum or summary hereof, or any notice or lien based upon it, in any public record, land registry, or office. Any such recording shall constitute an Event of Default and shall be void and of no effect as against the Owner and third parties.
The Tenant-Buyer irrevocably appoints the Owner as the Tenant-Buyer's attorney-in-fact, coupled with an interest, with full power to execute and file any instrument necessary to remove, release, or discharge any recording or filing made in breach of this section, and the Tenant-Buyer shall pay all costs, including attorneys' fees, incurred in doing so.
The Owner may freely sell, assign, transfer, or encumber its interest in the Premises and this Agreement, subject to the Tenant-Buyer's rights hereunder, and upon such transfer the Owner shall be released from all obligations accruing thereafter, provided that the transferee assumes the Owner's obligations in writing.
This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, personal representatives, and permitted successors and assigns. If the Tenant-Buyer dies or becomes incapacitated during the Term, the Option shall lapse unless the Owner consents in writing to its continuation in favor of a designated successor.
Default, Remedies, and Forfeiture of Option Fee and Rent Credits
Each of the following shall constitute an "Event of Default" by the Tenant-Buyer: (i) failure to pay any Monthly Rent or other sum when due where such failure continues for [Number] days after written notice; (ii) failure to perform any other covenant where such failure continues for [Number] days after written notice, or immediately where the failure is incapable of cure; (iii) any assignment, subletting, or recording in violation of this Agreement; (iv) abandonment of the Premises; (v) the commencement of any bankruptcy, insolvency, or similar proceeding by or against the Tenant-Buyer; and (vi) any representation of the Tenant-Buyer proving to have been materially false when made.
Upon the occurrence of an Event of Default, the Owner may, at its election and without prejudice to any other remedy, do any one or more of the following: (i) terminate this Agreement and the Option by written notice; (ii) terminate the Tenant-Buyer's right of possession and re-enter and retake possession of the Premises by lawful process; (iii) recover all unpaid Monthly Rent and other sums due; and (iv) pursue any other remedy available at law or under this Agreement.
Upon termination of this Agreement by reason of an Event of Default, or upon expiration of the Option Period without valid exercise of the Option, or if the Tenant-Buyer elects not to purchase, the Owner shall retain, as its sole and absolute property, both the Option Fee and all accrued Rent Credits, and the Tenant-Buyer shall have no right, title, claim, or interest in or to either, and shall not be entitled to any refund, credit, or compensation therefor.
The Parties acknowledge that the Option Fee and the Rent Credits represent the agreed price for the Owner's grant of the Option and for the removal of the Premises from the market, that the Owner's damages in the event of default or non-purchase would be difficult to ascertain, and that the retention of the Option Fee and the Rent Credits is a reasonable pre-estimate of the Owner's loss and not a penalty. The Tenant-Buyer waives any claim of unjust enrichment or equitable relief from forfeiture to the fullest extent permitted by law.
Retention of the Option Fee and Rent Credits shall be in addition to, and not in lieu of, the Owner's right to recover unpaid rent, damages to the Premises, costs of repair, and costs of enforcement, and the Owner may apply the Security Deposit against such sums.
The Tenant-Buyer shall pay all costs and expenses, including reasonable attorneys' fees and court costs, incurred by the Owner in enforcing this Agreement or recovering possession of the Premises.
If the Owner fails to perform any obligation hereunder, the Tenant-Buyer shall give written notice specifying the failure, and the Owner shall have [Number] days to cure. The Tenant-Buyer's remedies shall be limited to specific performance of the Owner's obligation to convey the Premises upon valid exercise of the Option and compliance by the Tenant-Buyer, and the Tenant-Buyer waives any claim for damages.
No remedy of the Owner is exclusive, and no failure or delay in exercising any remedy shall operate as a waiver thereof.
Indemnification and Limitation of Owner's Liability
The Tenant-Buyer shall indemnify, defend, and hold harmless the Owner and the Owner's heirs, agents, and representatives from and against all claims, demands, liabilities, losses, damages, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or related to the use or occupancy of the Premises by the Tenant-Buyer or any occupant or guest, any breach of this Agreement by the Tenant-Buyer, or any act or omission of the Tenant-Buyer or any person under the Tenant-Buyer's control.
The Owner shall not be liable to the Tenant-Buyer or any occupant or guest for any injury, death, or loss of or damage to property arising from any cause on or about the Premises, including defects in the Premises, acts of third parties, weather, fire, water, or failure of utilities, except to the extent directly caused by the Owner's gross negligence or willful misconduct.
In no event shall the Owner be liable for any indirect, consequential, special, incidental, or punitive damages, or for loss of profits, loss of use, or relocation costs, however arising. The Owner's aggregate liability under this Agreement shall not exceed the amount of Monthly Rent actually paid by the Tenant-Buyer during the [Number] months preceding the event giving rise to the claim.
The Tenant-Buyer releases the Owner from all claims relating to the condition of the Premises, including latent defects, mold, environmental contamination, and any condition affecting health or safety, to the fullest extent permitted by law, save for matters which the Owner has knowingly concealed in breach of the section of this Agreement concerning representations, warranties, and disclosures.
The Tenant-Buyer shall promptly notify the Owner in writing of any claim, injury, or incident, and shall cooperate in the defense of any claim.
The obligations in this section shall survive the expiration or termination of this Agreement and the Closing. Nothing in this section shall exclude any liability that cannot lawfully be excluded.
Representations, Warranties, and Disclosures
The Owner represents that, as of the Effective Date, the Owner is the sole holder of title to the Premises and has full legal capacity and authority to enter into this Agreement and to grant the Option, subject to any existing financing secured by the Premises disclosed to the Tenant-Buyer in writing.
The Owner makes no other representation or warranty, express or implied, regarding the Premises, including their condition, habitability, size, value, suitability, compliance with codes, or the presence of hazardous materials, and the Tenant-Buyer acknowledges that the Premises are leased and offered for sale "AS IS."
The Owner discloses, to the extent known to the Owner, the following matters: [Disclosures regarding Known Defects, Lead-Based Paint, Liens, Mortgage, and Other Material Matters]. The Owner shall have no duty of further investigation or disclosure beyond what applicable law mandatorily requires.
The Tenant-Buyer represents and warrants that (i) the Tenant-Buyer is of full legal age and capacity; (ii) all information supplied to the Owner concerning the Tenant-Buyer's identity, income, employment, credit, and financial condition is true, complete, and accurate; (iii) the Tenant-Buyer is entering into this Agreement for personal and family purposes; and (iv) no bankruptcy or insolvency proceeding is pending or threatened against the Tenant-Buyer.
The Tenant-Buyer acknowledges that the Tenant-Buyer has been advised to obtain, and has had full opportunity to obtain, independent legal, tax, financial, and professional inspection advice, and that the Tenant-Buyer has not relied upon any statement or representation of the Owner or any agent of the Owner not expressly contained in this Agreement.
The Tenant-Buyer shall promptly notify the Owner of any material change in the Tenant-Buyer's financial condition, and the representations of the Tenant-Buyer shall be deemed repeated on the date of exercise of the Option and on the date of Closing.
The Tenant-Buyer acknowledges that the Owner is not a licensed real estate agent or lender and that the Tenant-Buyer has not been promised any financing or assistance in obtaining financing.
Governing Law and Dispute Resolution
This Agreement, and any dispute, claim, or controversy arising out of or in connection with it, shall be governed by and construed in accordance with the laws of [Governing Jurisdiction], without regard to its conflict of laws principles.
The Parties shall first attempt in good faith to resolve any dispute through direct negotiation. Either Party may initiate such negotiation by written notice describing the dispute, and the Parties shall meet, in person or remotely, within [Number] days after delivery of such notice.
If the dispute is not resolved within [Number] days after the notice, the Parties shall refer it to mediation before a mediator mutually agreed upon or, failing agreement, appointed by [Mediation Institution], with the costs of mediation shared equally. Mediation shall not be a prerequisite to emergency relief or to proceedings for possession or for non-payment of rent.
If mediation fails to resolve the dispute within [Number] days after its commencement, the dispute shall be finally resolved by the courts of [Court Jurisdiction / Venue], and each Party irrevocably submits to the exclusive jurisdiction and venue of such courts.
Notwithstanding the foregoing, the Owner may at any time bring proceedings in any court of competent jurisdiction to recover possession of the Premises, to collect unpaid sums, or to seek injunctive or other urgent relief to prevent a breach or to protect the Premises.
The prevailing Party in any proceeding arising out of this Agreement shall be entitled to recover its reasonable attorneys' fees, costs, and expenses from the other Party.
Each Party waives, to the fullest extent permitted by law, any right to trial by jury in any proceeding arising out of this Agreement.
Miscellaneous Provisions
Any notice under this Agreement shall be in writing and shall be delivered by hand, by recognized courier, by registered or certified mail with return receipt, or by email with confirmation of transmission, to the address of the receiving Party set forth in the signature section (or such other address as that Party designates by notice). Notice shall be deemed given upon hand delivery, one business day after dispatch by courier or email, or [Number] days after mailing.
This Agreement, together with any written amendment signed by both Parties, constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior negotiations, representations, understandings, and agreements, whether oral or written. No amendment or modification shall be effective unless in writing and signed by both Parties.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect, and the Parties shall negotiate in good faith a valid substitute provision that most closely reflects the original intent.
No waiver of any provision or breach shall be effective unless in writing and signed by the waiving Party, and no waiver of any breach shall constitute a waiver of any other or subsequent breach. No course of dealing or delay in the exercise of any right shall operate as a waiver.
Any provision of this Agreement which by its nature is intended to survive expiration or termination, including provisions concerning forfeiture, indemnification, limitation of liability, and dispute resolution, shall so survive.
Each Party shall execute such further documents and take such further actions as may reasonably be required to give effect to this Agreement. Neither Party shall be liable for delay or failure in performance, other than payment obligations, caused by events beyond its reasonable control.
If the Tenant-Buyer comprises more than one individual, their obligations shall be joint and several. This Agreement may be executed in counterparts, including by electronic signature, each of which shall be deemed an original and all of which together constitute one instrument.
The Parties have executed this Agreement as of the Effective Date, and each Party confirms that it has read and understood this Agreement in full and enters into it voluntarily.
OWNER
Signature: [Owner Signature]
Name: [Owner Full Legal Name]
Address for Notices: [Owner Address]
Email: [Owner Email]
Telephone: [Owner Telephone]
Date: [Date of Signing]
TENANT-BUYER
Signature: [Tenant-Buyer Signature]
Name: [Tenant-Buyer Full Legal Name]
Address for Notices: [Tenant-Buyer Address]
Email: [Tenant-Buyer Email]
Telephone: [Tenant-Buyer Telephone]
Date: [Date of Signing]
WITNESS / NOTARY (if required): [Witness or Notary Name, Signature, and Date]