{"id":33346,"date":"2022-09-27T10:56:12","date_gmt":"2022-09-27T17:56:12","guid":{"rendered":"https:\/\/www.homelight.com\/blog\/?p=33346"},"modified":"2025-05-21T08:34:01","modified_gmt":"2025-05-21T15:34:01","slug":"buyer-rent-back-agreement","status":"publish","type":"post","link":"https:\/\/www.homelight.com\/blog\/buyer-rent-back-agreement\/","title":{"rendered":"What Is a Rent-Back Agreement and How Do They Work for Buyers and Sellers?"},"content":{"rendered":"

\u201cBut I\u2019m buying a home to live<\/i> in it!\u201d You might say that when your agent suggests offering a rent-back agreement. \u201cWhy would I agree to selling your house and renting it back<\/a>?\u201d Good question. And the answer is: a rent-back agreement could help you win the home of your dreams.<\/p>\n

Amy Christman<\/a> is an experienced agent in Vancouver, WA<\/a> who works with 73% more single-family homes than the average agent in her area. She says that in the last few years, \u201cthey\u2019ve been prevalent because buyers were desperate to get into houses because of the multiple-offer situations on most homes.\u201d A rent-back period often appealed to sellers, and made the buyer\u2019s offer stand out.<\/p>\n

If you\u2019ve been making offers on houses and not winning, or just want to write a great offer to begin with, here\u2019s what you need to know about rent-back agreements.<\/p>\n

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What is a rent-back agreement and how do they work?<\/h2>\n

When a buyer offers a seller a rent-back agreement, they\u2019re essentially becoming a landlord. A rent-back period allows the seller to stay in the house for a specified period of time after closing. You own the house, it\u2019s legally yours, your name is on the title \u2014 but the seller doesn\u2019t have to move out yet.<\/p>\n

After closing, you shift from a buyer-seller relationship to a landlord-tenant relationship. Christman says that a rent-back agreement allows buyers to, \u201cLock in their interest rate and lock in their home, and it gives the sellers a cushion of not having to move twice, plus they have the money to buy another home.\u201d<\/p>\n

In a hot market, buyer\u2019s agents<\/a> might reach out to the selling agent to ask what would make their buyer\u2019s offer more attractive. In some cases, Christman saw sellers accept offers with rent-back agreements instead of offers for more money that didn\u2019t include one. The buyer\u2019s and seller\u2019s agents negotiate its terms, which could include how long the seller can stay, how much they\u2019ll pay per day to remain in the home, or if they are waiving a daily rate.<\/p>\n

Some agents will have pre-printed forms for the seller to sign, while others might include the rent-back\u2019s terms in your offer letter. You should always get the terms in writing so you have an enforceable legal document if something goes wrong.<\/p>\n\n\n\n\n\n

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Partner With an Agent Who Can Negotiate a Rent-Back Agreement<\/h3>\n

If you\u2019re selling your home and considering the benefits of a rent-back agreement with the buyer, partner with a top agent in your market who has the experience to make it happen.<\/p>\n \n

\n Find Agent<\/a>\n <\/div>\n <\/div>\n<\/div>\n\n\n
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Why would a seller want a rent-back agreement?<\/h2>\n

It\u2019s no secret that it\u2019s been a seller\u2019s market<\/a> in most areas for the past few years. Christman says that with sellers receiving ten or more offers, many over list price, \u201cbuyers were doing everything they could to entice the seller to take their offer. A lot of times, the long rent-back period or a free rent-back period won them the offer.\u201d But, why would a seller want to stay in a home they\u2019ve sold?<\/p>\n

To have a little extra time to move out<\/h3>\n

Many sellers might be selling for top dollar during a great market\u2026 but then they also have to buy their new home in that same market. The rent-back period gives sellers time to shop with the money from their current home in hand. \u201cIt\u2019s really becoming challenging to get a contingent offer<\/a> accepted,\u201d Christman says. Without a rent-back period, the seller is \u201cgoing to have to write the offer subject to their home selling,\u201d which decreases the likelihood of their offer being accepted.<\/p>\n

If they are waiting for their new home purchase to close<\/h3>\n

It\u2019s also taking longer to close on homes<\/a>. In addition to offering rent-back periods to sweeten the deal, buyers have also been giving sellers extended close dates. This can have a domino effect \u2014 at one point, Christman had four buyers and sellers waiting for the first \u201cdomino\u201d (or home) to close.<\/p>\n

If they are waiting on their new build property to be completed<\/h3>\n

The same is true if the seller is moving into a new construction home<\/a>. They might not have a place to go after closing, and construction delays could leave them temporarily homeless. An open-ended rent-back period might give sellers who are buying new construction some flexibility and peace of mind.<\/p>\n

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Components of a rent-back agreement<\/h2>\n

A rent-back agreement is a legally binding contract<\/a> between two parties. While the terms may vary, it should address all of the following.<\/p>\n

Rental rate<\/h3>\n

While Christman did see some buyers offer sellers the ability to stay for free, she says that it\u2019s more common to charge a daily rate.<\/p>\n

\u201cYou take 1\/30th of PITI \u2014 principal, interest, taxes, and insurances \u2014 everything that goes into a buyer\u2019s payment to get a daily rate. Then multiply it by however many days the seller is staying,\u201d she explains.<\/p>\n

For example, a $5,000 per month mortgage payment that covers PITI divided by 30 days is $166.67 per day. If the seller plans on staying two weeks, they\u2019d pay $2,333.38. But \u2014 how will they pay? After all, you probably didn\u2019t start home shopping to end up worrying about collecting rent.<\/p>\n

Security deposit<\/h3>\n

It\u2019s most common to negotiate to have the rent and the seller\u2019s security deposit held back at the closing. In Christman\u2019s state (Washington), the title or escrow company will \u201ccollect the daily rent up front at escrow (usually) and hold those funds plus the deposit.\u201d<\/p>\n

Christman thinks that the security deposit<\/a> is a buyer\u2019s biggest safety net with a successful rent-back agreement. At closing, if the seller would have received $50,000 in proceeds, the title company would hold back rent plus the deposit. The seller will want that money back, so they\u2019re more likely to comply with the agreement\u2019s terms.<\/p>\n

Rental period<\/h3>\n

Before agreeing to a rental period, check with your lender. Lenders don\u2019t typically allow rent-back agreements longer than 60 days. While a rent-back period can be as little as a few days up to a few months, check that you won\u2019t be in violation of your mortgage\u2019s terms.<\/p>\n

Your homeowners insurance might also require different clauses, or notification that you\u2019re not yet occupying the house. This is because landlords carry different coverage and often receive higher rates on loans. Even if it\u2019s temporary, you don\u2019t want to run into legal trouble.<\/p>\n

Renter\u2019s insurance<\/h3>\n

Once you\u2019re the home\u2019s legal owner, you\u2019ll need homeowners insurance<\/a>. According to Christman, \u201cthe new owner is responsible for the structure, the former owner is responsible for their belongings.\u201d Talk to your agent about requiring the seller to obtain renter\u2019s insurance. Without it, if a pipe burst you\u2019d have to pay for the repairs and<\/i> pay to replace any of the seller\u2019s ruined furniture.<\/p>\n

Maintenance agreement<\/h3>\n

Speaking of burst pipes\u2026 Now that you\u2019re a temporary landlord, you may have an obligation to the seller to complete maintenance requests during their rental period. In some areas, local laws govern both what you must fix and how quickly it must be fixed. And the longer the seller remains in the property, the higher the likelihood of a potential maintenance issue coming up.<\/p>\n

Even though an agent is technically out of the transaction at close, Christman says that they\u2019ll sometimes help facilitate these situations. Good agents have a wide network of handymen and repair people who can help out in a pinch. A written maintenance agreement should specify each party\u2019s responsibilities \u2014 particularly if the seller breaks or damages something while they keep living in the house.<\/p>\n

Utility payments<\/h3>\n

Gas, electricity, water, heat \u2014 who\u2019s responsible for these costs while the seller remains in the home? Make sure that all of this is covered in the rental agreement prior to signing.<\/p>\n

Storage<\/h3>\n

It\u2019s not easy to handle the logistics of moving out of a current home or apartment, waiting to move into a new home, and handling all your stuff. Don\u2019t forget to think about these logistics when negotiating with the seller, you might consider asking if you can store your belongings in the garage or basement after closing.<\/p>\n

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Risks of a rent-back agreement for sellers<\/h2>\n

A rent-back agreement has pros and cons on both sides of the deal. Sellers aren\u2019t just getting to live in your home rent-free (or cheaply). Here are some of the risks for sellers.<\/p>\n

Risk of losing the deposit if there are damages<\/h3>\n

Sellers want to walk away from their sale with 100% of its proceeds. But, by staying in a home you no longer own, you risk spilling red wine on the carpet, or damaging walls during the move out, and losing your deposit. If you\u2019re renting back your previous home, you\u2019ll have to treat it carefully.<\/p>\n

Rent could be higher than their previous mortgage payment<\/h3>\n

If you\u2019ve lived in your home for a long time, you likely have a lower mortgage payment<\/a> than current market rents or the buyer\u2019s new mortgage. The daily rate you pay to stay during the rent-back period will likely be more than your previous mortgage payment.<\/p>\n

Inexperienced landlord<\/h3>\n

A major downside, particularly if you plan on staying for a few months, to these agreements is that you\u2019re dealing with an inexperienced landlord<\/a>. Regular buyers who aren\u2019t investors might not know the first thing about landlord-tenant laws. They likely won\u2019t have a network of professionals to fix a broken dishwasher or mow the lawn, and it could become a hassle to rent from them.<\/p>\n

Sellers might need more time<\/h3>\n

What if you need more time? With a rent-back agreement, the clock starts ticking at close. You\u2019ll have however many days or months you need to find and close on a new home and move out. In the unpredictable world of homebuying, this could create additional stress and pressure.<\/p>\n

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Risks of a rent-back agreement for buyers<\/h2>\n

Allowing someone else to live in your home isn\u2019t without risks.<\/p>\n

The seller might not vacate the property on time after the agreement ends<\/h3>\n

Do you know how to file an eviction if the seller doesn\u2019t vacate the property on time? If the seller needs a few more days, do you have a place to stay? Think through what you\u2019d do in a worst-case scenario before including a rent-back period in your offer letter<\/a>.<\/p>\n

You might be responsible for maintenance requests from the seller if something breaks during their rental period<\/h3>\n

If anything breaks during the rent-back period, you\u2019ll likely have to arrange for a professional to fix it. You also might have to take care of mowing the lawn, yardwork, and snow removal<\/a>. Ask your agent for some recommendations if you don\u2019t have professionals in the area who could handle this.<\/p>\n

The seller might leave damages that were not there during the final walkthrough.<\/h3>\n

While Christman says that, \u201cMost people are good,\u201d she warns that, \u201cif they\u2019re late and overwhelmed, they might leave the house full of stuff, or not fix something.\u201d<\/p>\n

If you haven\u2019t set foot in the house since the final walkthrough at closing, you could be in for a surprise when it\u2019s finally time to move in. One way to protect against this is to ask for another walkthrough prior to the seller vacating the property.<\/p>\n

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Should you offer a rent-back period?<\/h2>\n

Whether or not you should offer a seller a rent-back period will depend on both your situation and the seller\u2019s circumstances. If you\u2019ve temporarily moved in with family and can stay indefinitely, it\u2019s less of an issue than if you\u2019re living in an apartment and your lease is expiring. Some people also just don\u2019t feel comfortable taking on the responsibilities of temporary landlordship.<\/p>\n

If you\u2019re hesitant about offering a rent-back period, Christman points out that you might have other options. You could offer the seller a longer close and apply for an extension on your mortgage rate lock. Maybe you could find a moving company that could pack for the sellers and help them move faster. She thinks that \u201cif you have a good agent that will think outside the box and look at the whole situation and read all parties, it\u2019s the best you can do to eliminate risk.\u201d<\/p>\n

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