Forgive the length, I've covered everything I can think of. I too made the mistake of giving someone a break once, allowed them to pay the Deposit in increments by middle of month 2. Dead of winter, needed to get the place occupied after prior tenant's employer transferred him out of state. One couple interested. Long story short new tenant got fired beginning of month 2, I did get part of month #2 rent by middle of month, but that's all. Never saw the Deposit, and they moved out end of Month #2 giving me 3 days notice and the place was filthy in that short time and had two holes in the wall from an argument I presume. Never again. No Deposit before move-in, no deal. It's much more costly in the long run. You'll have to act fast and be firm. If they've gone this long without paying rents you're giving the impression of being a pushover. You don't have to be nasty, just firm. This is business, and carrying two mortgages does not put you in a position to be doling out favors, right? ;) What does your lease language and State law say? (Google your state name and landlord-tenant law, such as "Texas Landlord Tenant Law".) Call your local courthouse today as well and explain. Mine was really helpful with instructions when I almost had to evict someone. Without knowing your state, at this point you certainly have grounds to evict for non-payment of February rent. (If it were March alone that were late, the time varies by State for filing for eviction for nonpayment.) Your State might also offer a more expedited method over Eviction, called filing for Immediate Repossession or something similar. Here is a blog I recently found and bookmarked that gives a detailed account of the process in one state, if your state offers something similar hopefully it's a good guide. I would also type a letter today and post at the house today. Being 5 weeks in arrears, they have no right to be there. I know threat of eviction sounds like a moot point since they are moving, but what it will accomplish is getting you the $ owed so they avoid court. Hopefully they will see you are taking this seriously. Do NOT accept any more installment payments. (My hunch is they are paying their cell bill, car payment, utilities, but because you were lenient they think they've got a free ride.) If they ignore your notice, do file so that they will be served a.s.a.p. If that doesn't get them to pay up, then follow through in court. The court can get the money owed. You will be allowed to collect back rents plus costs for any damages, any cleaning fees normally covered by Deposit, etc. as ordered by the court. If they do not pay what is owed, a property judgment will be attached to their credit report. With regard to that letter. I would print four copies: one for your records and three to them. The reason for so many copies to them is because if it goes to court, it's hard to come up with 3 excuses for not receiving any of those notices. My atty also told me anything mailed in a situation like this always post at the property as well. So print at least one copy on bright paper (orange is hard to miss) to be posted on the door. Send a copy Certified Mail (signature required) and mail it today. (If any mail is returned to you, don't open it, leave as is.) Send a 2nd copy 1st Class w/Delivery Confirmation (P.O. shows it was delivered at the house.) Also mailed today. The one on bright paper to be hand delivered, fold that (so the world can't read it) and tape it to the most visible entrance door, at eye level, inside the storm door if possible so it's protected from weather. I typically type "NOTICE - Immediate Action Required" in bold, 18-20 font, on the backside so when it's folded that's visible and they see it's not some flyer. It seems like overkill, but it covers you. Sometimes tenants refuse to sign Certified when they're in arrears and see it's from landlord. Or if no one answers to sign P.O. will leave a notice and try to deliver another day (time you don't have to spare). Sometimes they'll not pick up the one at the P.O., or claim they didn't get the one posted on the door, but that's where using Deliv Confirm comes in, because P.O. confirms they delivered to destination. So if it goes to court they will run out of excuses for not getting any of the 3 notices. This is one sample notice. If you use it, I would change it from ten days to pay to the absolute minimum you can legally use since they are already 5 weeks late. Again, depends on your state law and lease. In the upper right corner of your letter type in your delivery methods: Via Certified Mail 3/10/08; Via First Class Mail w/Delivery Confirmation 3/10/08; Hand-Delivered 3/10/08. Find a way to incorporate or send this as well,"Eviction and How it Affects You", so they are aware that if they opt to ignore the notice there will be ramifications in their future. Should they get vengeful and do damage, they will be held accountable for that as well (take photos and video). At this point you might be thinking 'what's the point, they're leaving, they will never pay'. The point is that a firm Notice and showing them ramifications is often the nudge needed. If not, when you pursue this in court, if they don't show up and pay what they owed according to the binding contract they signed, a Judgment for past due rents and/or damages will be attached to their credit report and remain there until satisfied. A Property Judgment is the kiss of death for someone seeking decent housing (whether renting or applying for a mortgage). I have encountered a few applicants with Property Judgments on their credit. No one would rent to them. I refused as well. Can't afford to take on that kind of rental risk - that judgment indicates they either didn't pay their rents, did some major damage, or both. If you opt to use the 'Eviction and How it Affects You' notice alone (without the first sample letter above) I would suggest adding a deadline at the very end, such as: ...bring your account out of eviction status by remitting February and March rent to us not later than 5:00 PM on Wed 3/12/08. Otherwise, regretfully we are forced to proceed with Eviction." Again, check your state law and lease for how much notice you have to give for nonpayment! I say 3/12 because that gives time for delivery of Certified and 3rd day from being posted on door. If your state law requires ten days Notice to Vacate for nonpayment that's what you'll have to use! That's why you need to address this immediately. So the final due date before filing in court is before their move out date. Also, how long was the lease term? If it was longer than six months you are entitled to rents until you can get the place re-rented because they broke the contract. So if it expires next August, they agreed to pay rents till then. You are entitled to collect rents from them till August, but you are also expected to actively pursue seeking a replacement tenant. If you secure a new tenant in May, prior tenant is no longer obliged to pay since you've got income again, because we can't collect double rents. In my state, if there are damages, I'm entitled to keep the Deposit for damages (but must provide an itemized accounting), plus apply toward unpaid rents owed me. If the Deposit falls far short then that's where filing in court recoups your lost $. With regard to the Security Deposit, you don't owe them a Deposit. Not when they owe you back rents. With the above letters, include a paragraph and demand in writing they produce that receipt. If they produce one that looks like a fake, remind them that is considered forgery (in my state that's a felony). If they insist it's what they got and you know it's fake, do not pay it back, seek legal counsel. Also, if they do pay rents due without going to court, but produce a fake SD receipt and ask for a refund, seek legal counsel for that. You don't want to pay them money they never gave you to begin with. In the future, if you choose to let your secretary accept funds, do not let her accept cash. For everyone's sake. She might be a real gem, but if she's officially not involved in your rental business then tenants could accuse her of just keeping the cash and you've got a 'he said/she said' situation on your hands and no way to track it. I insist on Deposits being paid in cash, after that, how the rent is paid doesn't matter (cash, check, etc.) But the cash is handed directly to me, I count it in front of tenant. I use a carbonless receipt book with triplicate pages. I write the receipt on the spot and give tenant the original, one carbon record remains in receipt book, the 3rd goes in that tenants file. As an add-on to the notices above, I would put in something like this: "Your Lease commenced on September ___ 2007 and our Agreement was the Security Deposit would be paid in two installments, the first one due ____ and being paid in full by November __ 2007. We have yet to receive these funds. This is in violation of our Lease Agreement, which is a legally binding contract. Although we have no record of receiving the Security Deposit, you have verbally stated that you paid it in cash at my office and that my secretary gave you a receipt. However, despite multiple verbal requests on my part you have failed to produce that written receipt. The Security Deposit or valid receipt must be presented by Wed 3/12 to avoid further proceedings. (Even if you have to give them 10 days notice to pay the rent, only give them 3 days to produce the Deposit or the receipt.) It seems a little silly to be attempting to collect a Deposit within two weeks of them moving out, but you need to do it anyway. Because even if they do pay the past due rent but leave damages, you'll need that SD money. Also, it documents in writing, that in addition to failing to pay rent they broke the contract by failing to pay SD (unless they can produce a valid receipt). I'm done, hope that helps some!

The rent-to-own scenario is usually used when the buyer doesn't have the down payment (or credit) to buy yet and needs to build up capital. A portion of each rent payment is put into an account that's used towards a downpayment. You can set a price in the contract, but I've also heard of that being negotiated if/when the renter decides to buy, too. So the reason a renter would choose that option is if they couldn't buy the place now, but like it and want to build equity towards buying it. The reason a seller might choose that option is that (in theory) if the renter is going to eventually purchase, they'll be super respectful of the property and cognizant of the investment in it (and b/c the seller is in a position where they can set aside some of the payment and still pay any mortgage, taxes, etc. owed with the balance). I've heard of them working in some cases, but our realtor was really iffy on them. I think a lot depends on how well the contract is written---definitely a question for a RE lawyer. On the straight renting side, we have several neighbors who are doing that---homes here aren't moving too quickly unless they're priced pretty low, and where we live most people can pay mortgages with current rents if they didn't buy at the absolute peak---we're at a weird point where home prices are low but rents are going up. So while they could have sold, it didn't make much sense to lock in a loss when things might pick up and they can break even or make money renting. Thus far, they've all had positive experiences (all are first-time landlords). They did screen tenants pretty carefully, though (one is renting to a friend). And of course they know us and other neighbors on the block, and we help keep an eye on both the houses and the tenants (not that the tenants have been a problem, but if they were we would let the owners know). You can deduct a lot of the related maintenance expenses, though in our city you need a business license and pay business tax on rental income (but those costs are also deductible). Whether the numbers make sense in the end will really depend on the specific situation, though.

1. Most lenders that I have dealt with will not accept past rent as a DP on a purchase. Some will. 2. Is the contract a lease option, or a lease purchase? Any Earnest Money Deposit the Buyer puts down on a lease purchase is legally supposed to be held in an escrow account (no comingling of funds)and and is credited back to Buyer if they close. The Deposit check should be made out to an attorney and the attorney should hold in escrow until close. On a lease option, the deposit is an option fee, as opposed to an Earnest Money Deposit, and the seller can cash the option fee as soon as he receives it. Of course, these are items that are true for NC. Some states probably differ. 3. I would treat them as renters until the closing. That is what they are after all... renters. I would not allow them to do repairs, improvements, changes, painting, w/o your prior written approval. You do not want to have to take back a house that renters had free control over for a year. 4. Make sure you spell out in the contract the details of the agreed upon purchase price... What happens if the home will not appraise for the value in one year? What if they can purchase it sooner? Are they able to do so or no? 5. You say you will do this contract w/o a deposit. No way. They need to pay you a fee for the service and opportunity that you are giving them. Also, you are keeping yourself from selling the home to qualified buyers NOW, in the hopes that they will purchase in the FUTURE. If these people never go to close after the year term, you will have subsidized their lease by 25%, collected no deposit of any kind, and will probably be stuck with the property in worse shape than it was a year earlier. These risks are real, and you need to be compensated for them. You do not want to be a year down the road with no deposit money AND no buyers. If they do not have any money at all to put down now, how are they going to save up for at least a 3.5% down payment in 12 months? Especially if most banks will not honor the rental overages? 6. Break the deal into two contracts... a standard rental agreement for the first year, and also sign a Purchase Agreement, with a closing date one year out. 7. Treat the renters as renters, and the buyers as buyers. For the first year, they are renters that paid an upfront option fee, or Earnest Money Deposit, in exchange for the option to buy later. They become buyers after the rental agreement is over and they sucessfully get approved for the mortgage. Lease purchses are great, but both sides need to be aware of the details. If you are able, a better deal for all, may be for seller financing. Again, the devil is in the details.

And, sparksals, we definitely will not get into a house just so we can stop paying rent. I'm VERY picky, and it might be awhile before we find something that suits our needs. But, I think it's better to start sooner, rather than later, based on everyone's advice. It took me 7 months to find a house. I walked about 50 or so used houses, then every new housing community in 3 counties, which was a good 100 houses. We drove by others and ruled them out due to location. Well, I HATED renting. I hope never to have to go back to renting. Ever. I hate it! I hated sharing walls with others, hating putting up with others' noises, hated padding my landlord's pocketbook, hated not owning a piece of the American pie. So I'd be inclined to buy sooner, rather than later. But I agree that you should not rush into the single largest financial investment of your life. Take your time, look around, get a good handle on pricing, find a good loan, find a good realtor, etc. I grew up on the bottom floor of a 2 family. It helped my dad get the American Dream. The problem was, the house was original when he sold as he came from a poor country and did not believe in "wasting money" to update as everything worked, nor did he have a lot of time to do things due to working 5-7 days per week. Your husband is still in school, and the real estate market is not at the bottom yet. We just kept renting until my husband was finished with school. It kept the pressure off him and let him graduate. Owning a home is more than just the difference in payments--if a leak occurs, you or your DH have to fix it. Depends on where the OP is. Some markets did not have an increase so it may not matter if they wait to buy. After what I went through, I would get out there asap. There are a lot of houses for sale in most parts, it takes time to cover them all. Yes, owning a home everything falls on you. With my truck driver hubby, something always happens the rare times he drives the roads. I've dealt with storms & tree branches as well as not having water due to the softener being clogged. A few months ago we put out $7,000 on a new furnace. Not knowing what you can buy for the amount you are looking at, decide if you want an updated house or good mechanicals like newer roof, furnace, upgraded electric, central air, etc. I know someone that purchased a house they did not move into until 6 months after buying it as it needed floors redone, the master redone plus other cosmetics. The master had been torn apart by the original owner, so this was a must for them to live there. They then moved in to have all sorts of mechanical problems, water heater, electric. I see a heating/cooling truck there now, don't know if they are fixing something else or doing central air. I can't stress enough to sign up on every site you can find, even the local smaller sites to get email updates. One site gives addresses in the emails where it may not say so in the listing. This site has been very helpful to me. Good luck. It's a good time to buy a house in most areas.