Navigating lease-to-own agreements: A buyer’s guide
A lease-to-own agreement is a residential lease with a purchase right attached: you rent the home for a term that commonly runs one to three years, at a price the contract fixes today, then buy it or, in an option-style contract, walk away. The number that decides whether the arrangement actually moves you toward ownership is the rent credit, and Fannie Mae counts only the difference between the appraiser’s market rent and the rent you actually paid, on a lease showing an original term of at least 12 months (Selling Guide B3-4.3-12, 08/07/2024).

Everything else is negotiated. Sellers commonly ask 1% to 5% of the purchase price as an upfront option fee, no statute or agency sets that number, and it is almost always non-refundable. Two questions decide the rest: whether your contract is an option you may decline or a lease-purchase you’re committed to, and whether you’ll be mortgage-ready before the deadline arrives.
Learn how to navigate a lease-to-own agreement step by step: what the option fee buys, how rent credits are documented, which contract terms decide your exit, and the financing timeline that keeps the deadline from choosing for you. For the wider map, start with our loan types and programs guide.
Key takeaways:
- A lease with a purchase right attached: A lease-to-own agreement fixes the home’s price up front while you rent it for a term that typically runs 1 to 3 years.
- The upfront money is at risk: The option fee, commonly 1% to 5% of the purchase price or $2,500 to $12,500 on a $250,000 home, is generally non-refundable along with your rent credits.
- Mortgage readiness is the endgame: Start pre-approval conversations 6 to 12 months before the lease ends, and know Fannie Mae credits rent only under a lease with an original term of at least 12 months.
What is a lease-to-own agreement?
A lease-to-own agreement is any contract combining a residential lease with the right or the obligation to buy the property at a price and within a window the document sets out. “Lease-to-own” and “rent-to-own” are marketing labels, not legal categories, which is the first navigation problem: two listings using the same phrase can hand you very different contracts. What matters is the operative verb in your own paperwork, because “may purchase” and “shall purchase” carry different consequences when money gets tight.
| Structure | What it means | Are you obligated to buy? |
|---|---|---|
| Lease-to-own / rent-to-own | Umbrella labels for a lease plus a purchase right, used interchangeably in listings. The contract controls. | Depends on the document you sign. |
| Lease option | You pay an option fee for the right to buy at a set price. The seller must sell if you exercise; you’re free not to. | No. Declining is a priced-in outcome. |
| Lease-purchase | A lease paired with a binding purchase commitment, sometimes softened by a financing contingency. | Yes. Walking away can be a breach. |
Our side-by-side on lease-to-own vs. rent-to-own untangles how the labels get swapped, and lease option agreements: pros and cons weighs the trade for both sides. All three sit in the same specialty financing corner of the market.
How do lease-to-own agreements work?
A lease-to-own deal runs through five steps, and four of them happen before you move in. The money you can’t get back is committed in step two, so the order matters.
1. Find the property and vet the seller
These deals surface through agents, for-sale-by-owner listings, and owners of homes that have sat unsold, so expect to ask rather than browse. Then vet the seller as carefully as the house, because you’re trusting someone else’s title for years before you own it. A seller who stops paying their own mortgage can lose the home to foreclosure while you’re paying rent into it. Ask for written proof that the loan and the property taxes are current, and ask again every year.
2. Negotiate and pay the option fee
Sellers commonly ask 1% to 5% of the agreed purchase price for the option fee, and it is almost always non-refundable. No statute or agency guideline sets either term, so treat every published figure, this one included, as a negotiating anchor rather than a standard.
Two terms are separately negotiable and often left vague: whether the fee also applies toward the purchase price, and what happens to it if you’re denied financing despite good-faith effort. On a $250,000 locked price, a 3% option fee is $7,500 at signing. It counts toward the purchase only if your contract says so in writing, and if you don’t buy, it’s gone along with every rent credit you accumulated.1
3. Set the rent and the rent credit
Only the above-market portion of your rent becomes a down payment. Fannie Mae calculates the rent credit as the difference between the market rent and the actual rent paid, with market rent determined by the appraiser in the appraisal for the subject property. Paying $1,800 a month on a home the appraiser puts at $1,500 in market rent builds $300 a month of usable credit, not $1,800.
The documentation is specific and there is no retroactive fix. Fannie Mae requires the lease with option to purchase showing an original term of at least 12 months, the total number of months, the monthly rent and the monthly credit amount, plus canceled checks, bank statements or money order receipts evidencing the payments across the term, each clearly showing the payee and the amount paid.
- Never pay rent in cash: Two years of untraceable payments produce an unprovable credit. Use checks or transfers for the entire term.
- Get the credit stated as a dollar figure: “A portion of rent applies toward purchase” is not a number an underwriter can use.
- Pay on time, every month: FHA defines a positive rental payment history as on-time payment of all rental payments in the previous 12 months, and Fannie Mae’s Desktop Underwriter can factor rent of $300 or more a month, identified from 12 months of asset-verification data, into its credit assessment for a first-time buyer purchasing a principal residence.2 See reporting rent for a credit boost for how to get that history counted.
4. Lock down the contract terms
Six terms carry nearly all the risk, and a missing one is where these deals fail. Confirm each appears in writing with a number or a date attached:
- Purchase price or price formula: A fixed number hedges rising values. A formula tied to a future appraisal hands the market risk back to you.
- Option period and expiration date: The exact day your right to buy dies, and the steps for exercising it. Miss it and the option is gone even if you were a week from closing.
- Rent credit and late-payment consequences: Some contracts void every accumulated credit after one late payment. Negotiate a cure period.
- Maintenance and repairs: These agreements often push more repair responsibility onto the tenant-buyer than a standard rental does. Name who handles roof, furnace, water heater, plumbing and electrical.
- Taxes and insurance: Confirm the owner still insures the structure, and carry renters insurance on your belongings.
- Assignment and death of the seller: What happens to your option if the property changes hands or the owner dies.
5. Make the end-of-lease decision
Three outcomes are possible when the option comes due: you buy, you negotiate an extension, or you walk. Buying means closing on an ordinary mortgage at the contract price, underwritten like any other purchase, with your documented credits applied. An extension is a renegotiation, not a right, so ask early. Walking away is a permitted outcome under an option and a potential breach under a lease-purchase. Cash is what keeps the choice yours, so build savings alongside the credits. Our guide to saving for a down payment has the monthly math.
How much of your rent will a lender actually credit?
Per the Fannie Mae Selling Guide, a rent credit with an option to purchase is the portion of your lease payments that can be credited toward the down payment or minimum borrower contribution under a documented rental or purchase agreement, and the credit may be no more than the difference between the market rent and the actual rent paid (B3-4.3-12, Rent-Related Credits, section dated 08/07/2024, in the Guide published October 7, 2026). The credit your contract promises and the credit an underwriter counts can be two different numbers. The table runs four versions of the same 24-month lease on a $250,000 home where the appraiser puts market rent at $1,500 a month.
Hypothetical example, not an offer.
| Rent you pay each month | Credit the contract promises each month | Credit the Fannie Mae cap allows each month | Promised over 24 months | Counted over 24 months |
|---|---|---|---|---|
| $1,800 | $300 | $300 | $7,200 | $7,200 |
| $1,800 | $500 | $300 | $12,000 | $7,200 |
| $1,650 | $400 | $150 | $9,600 | $3,600 |
| $1,500 | $200 | $0 | $4,800 | $0 |
Source: the cap (market rent minus actual rent paid) and the lease term of at least 12 months, Fannie Mae Selling Guide B3-4.3-12. The price, rents and credits are illustrative.
The last row is the one buyers miss: a contract can promise a credit on rent that is no higher than market, and the cap leaves nothing to count. Before you sign, compare the proposed rent with what similar homes nearby lease for, because the appraiser’s market rent, not the contract, sets the ceiling. For a national read on the rental market you are negotiating in, the Census Bureau reported on October 28, 2026 that the rental vacancy rate was 7.6% in the third quarter of 2026, up from 7.1% a year earlier. If the appraisal later values the home below your locked price, how a home appraisal works explains what the appraiser reviews, and our guide to appealing a low appraisal covers what you can do about it.
Federal tax rules draw the same line. IRS Publication 527 (2025), Residential Rental Property, says payments an owner receives under a rental agreement with a purchase option are generally rental income; only if the tenant exercises the option are payments for the period after the date of sale part of the selling price.
Why buyers choose lease-to-own, and when they shouldn’t
Lease-to-own buys one thing: time inside the house you intend to own, at a price that stops moving. That’s valuable to a buyer with a specific, fixable obstacle and a date attached to it.
- Time to become mortgage-ready: One to three years is real runway to raise a score, pay down balances, season savings, or reach a second year of self-employment income.
- A price that stops moving: Appreciation during the term accrues to you rather than to the next bidder.
- A test drive with consequences: You learn the commute, the utility bills and the neighbors before committing 30 years to them.
- Rent that partly converts: The above-market portion becomes down payment when documented correctly, which ordinary rent never does.
Knowing why the seller is offering it tells you what you can negotiate. Sellers use lease-to-own to turn a stalled listing into income plus a probable buyer: above-market rent, a non-refundable fee, and a tenant with money at stake. That motivation is your leverage on price, credit amount, and option period.
The honest counterweight: if you could qualify today, buying directly is almost always cheaper, because lease-to-own layers a non-refundable fee and above-market rent on top of the price. If the obstacle is credit, work credit repair strategies for home buyers from month one, not month 30. If you’re still deciding whether to own at all, renting vs. buying runs that comparison without an option fee attached. And if the real problem is timing between two homes, a bridge loan solves that directly.
How often do lease-option and land contract deals fail?
More often than buyers expect, according to the consumer advocates who study them. The National Consumer Law Center’s August 2024 policy brief on land contracts and lease-options reports that a 2022 Pew Charitable Trusts survey of the roughly 180 million people who had borrowed money to buy a home found 6% of them (nearly 11 million people) had used a land contract, and roughly the same percentage had entered into a lease-option. The same brief says studies of public data show early default rates of over 50%, that option fees usually range from $3,000 to $5,000 and sometimes significantly more, and that option periods usually run between six months and three years.
The brief names the price as a primary reason options go unused. It notes there is rarely an independent appraisal or a home inspection before the option contract is signed, and that no homebuyer in need of financing will be able to obtain a mortgage for more than the home’s appraised value. That is why the inspection and title steps come before the signature, not after; our home inspection checklist for buyers lists what to have checked.
The federal regulator reached similar conclusions about land contracts, which it calls contracts for deed. According to the CFPB’s Report on Contract for Deed Lending (August 13, 2024), substandard housing, title defects and inflated prices can create problems for homebuyers, and upon forfeiture the seller may repossess the home and retain all accumulated equity and payments. The full report contrasts that with most mainstream mortgages, whose lenders must wait 120 days after the first missed payment before beginning the foreclosure process, and says some experts estimate that more than 50% of contracts for deed result in loss of the home. It also cites one estimate that more contracts for deed than mainstream mortgages were executed in Detroit in 2015, and describes a Detroit buyer who agreed to pay $43,003 for a home and was evicted after making approximately $12,000 in payments.
Hypothetical example, not an offer. Actual rates, costs and payments vary.
Federal lending rules can reach seller-financed deals too. Under Regulation Z, 12 CFR 1026.36(a)(4), a seller who provides financing for the sale of three or fewer properties in any 12-month period falls outside the loan originator definition only when every listed condition is met, including that the financing is fully amortizing and that the seller determines in good faith that the buyer has a reasonable ability to repay. Our comparison of the pros and cons of seller financing covers how owner financing differs from a bank loan.
How to protect yourself before you sign
Most lease-to-own horror stories trace to four causes: a vague contract, an unvetted seller, a house nobody inspected, and a deadline nobody planned for. All four are cheaper to fix before signing.
- Have a real estate attorney review it: These contracts are governed by state law, and identical wording behaves differently across state lines. Budget for the review the way you’d budget for an inspection.
- Run a title search, then record your interest: A search shows whether the seller owns the property free of liens and whether the mortgage against it exceeds your agreed price. A recorded memorandum of option then puts later buyers and lenders on notice: an unrecorded option is a promise, a recorded one is a position.
- Get a professional home inspection: Order it before signing, exactly as you would for a purchase. You’re agreeing to a price for a house you haven’t inspected, and often agreeing to repair it too.
- Start the financing conversation 6 to 12 months out: Bring the lease, the option agreement and your payment records to a lender while there’s still time to fix what underwriting finds. FHA, for one, sets a minimum required investment of at least 3.5% of the property’s adjusted value, and where that money may come from is a rule to learn early, not in the final 30 days.
Red flags worth walking away from: a price well above comparable sales, a clause voiding your credits over one late payment, an option period shorter than your realistic timeline to qualify, or any refusal to put the rent credit in writing. For legal grounding, see Nolo’s legal guide to lease-to-own agreements. To pressure-test the plan with someone not paid on the outcome, call 800-569-4287 for free HUD-approved housing counseling. The CFPB’s tools for preparing to buy cover what the eventual application involves.
What Michigan buyers should know
In Michigan, the lease-to-own conversation often turns into a land contract conversation, and the two are not variations on a theme. A land contract makes you the purchaser from day one, holding equitable title and possession while the seller keeps legal title until you’ve paid in full. The consequences are statutory.3
- A land contract uncaps the property taxes immediately: Michigan treats a sale by land contract as a transfer of ownership under MCL 211.27a(6)(b), and that transfer occurs on the date the contract is entered into, not when it’s recorded or paid off. The assessor must then set taxable value equal to state equalized value for the following calendar year (MCL 211.27a(3)), and the buyer has 45 days to file a Property Transfer Affidavit, Form 2766 (MCL 211.27a(10)). Budget for the higher bill in year two, not year ten.
- Land contract default runs on a 15-day notice and a 90-day or 6-month clock: A seller can pursue forfeiture only if the contract expressly provides for it (MCL 600.5726), and only after serving a written forfeiture notice giving you time to cure, 15 days on Michigan’s SCAO notice, unless the parties agreed to longer (MCL 600.5728, Form DC 101). If a judgment for possession follows, MCL 600.5744(4) withholds the writ of restitution for 90 days where less than 50% of the purchase price has been paid, and 6 months where 50% or more has been paid. Once the writ issues, MCL 600.5744(8) forecloses any equitable right of redemption.
- A lease-to-own contract carries no land contract cure window: As a tenant with an option, you get a tenant’s eviction protections rather than a purchaser’s, and your option rights are whatever the contract grants you. Watch the strike price, too: MCL 211.27a(6)(g) makes a lease a transfer of ownership if its term exceeds 35 years including renewals, or if it grants a bargain purchase option, the right to buy at lease end for 80% or less of projected true cash value. A cheap option price can uncap the taxes while you’re still the tenant.
Before money changes hands, have a licensed Michigan real estate attorney confirm in writing which instrument you’re signing. The three carry different rights, different tax timing, and different ways to lose the house.
Who handles repairs and title checks on a Michigan lease-to-own?
Michigan’s default rule puts repairs on the landlord. Under MCL 554.139, in every residential lease the landlord covenants that the premises and common areas are fit for the use intended, and agrees to keep them in reasonable repair during the term and to comply with state and local health and safety laws. The same section lets the parties modify those obligations only where the lease has a current term of at least 1 year, which is why a multi-year lease-to-own can lawfully hand repairs to you and a shorter lease cannot. It adds that a tenant’s chance to inspect before signing does not take away the benefit of those covenants.
Title is the second check, and in Michigan it happens at the county. According to Michigan Legal Help, a nonprofit legal information site, the title search belongs at your county’s Register of Deeds, and a buyer whose seller has clean title may want to record their interest there. It adds a warning worth reading twice: be cautious with subordination agreements, which allow the seller to give others an interest in the property superior to the buyer’s. Oakland County, for example, runs a Property Records Search portal, and per the county’s notice, starting July 1, 2026 its Acreage Book Search moves to the Super Index at ocmideeds.com and remains free of charge. A title company can run the search for you; see how to choose a title company and why title insurance matters once you buy.
The City of Detroit’s land contract buyer guide adds checks that apply just as well before a lease-to-own: confirm the person selling is the official owner of record, ask whether liens, debts, property taxes or water bills come with the home, and find out at signing who is responsible for recording and filing the signed documents. Its signing list includes a memorandum of land contract, a Property Transfer Affidavit and a Principal Residence Exemption form, the paperwork of a purchaser who, per the city, “is not a renter.” For how a land contract compares with other routes to ownership, see alternative financing options for home buyers.
What will Michigan transfer tax cost when you exercise the option?
Exercising an option ends in an ordinary deed, and Michigan taxes the deed in two parts. The state rate under MCL 207.525 is $3.75 for each $500 or fraction of $500 of the property’s value, and the county rate under MCL 207.504 is $0.55 for each $500 in a county with a population of less than 2,000,000. MCL 207.523 makes the seller or grantor liable for the state tax and requires payment to the county treasurer not later than 15 days after the deed is delivered, so check whether your purchase agreement assigns the cost differently.
Hypothetical example, not an offer.
| Locked option price | State tax ($3.75 per $500) | County tax ($0.55 per $500) | Total |
|---|---|---|---|
| $200,000 | $1,500 | $220 | $1,720 |
| $250,000 | $1,875 | $275 | $2,150 |
| $300,000 | $2,250 | $330 | $2,580 |
Source: state rate from MCL 207.525, county rate from MCL 207.504, who pays from MCL 207.523. The Michigan transfer tax calculator runs the numbers for your own price.
A land contract is treated differently at signing: MCL 207.526(o) exempts from the state tax a land contract in which legal title does not pass to the buyer until the total consideration in the contract has been paid. For the yearly bill after you buy, the Michigan property tax calculator looks up the published millage for your address.
How Align handles specialty financing
Specialty loans are where a single bank's menu runs out. Align places HomeStyle and FHA 203(k) renovation loans, non-warrantable condo loans, DSCR loans and standalone HELOCs through multiple wholesale lenders.
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FAQ: Lease-to-own agreements
Here are answers to common questions about lease-to-own agreements.
How does a lease-to-own home agreement work?
You sign a lease with an attached purchase option: you pay an upfront option fee, commonly 1% to 5% of the price, rent the home for a set term, and often pay a monthly premium credited toward the purchase. At the end you exercise the option, usually by qualifying for a mortgage, or, in an option-style contract, walk away and forfeit the fee and credits. Our breakdown of lease option agreements: pros and cons weighs that trade in detail.
Who is responsible for repairs in a lease-to-own home?
Whatever the contract says, which is why the maintenance clause deserves close reading. Lease-to-own agreements often shift more repair responsibility to the tenant-buyer than a standard rental would, sometimes including all routine maintenance and minor repairs. Make sure the contract spells out who handles major systems, and get a professional home inspection before signing. Our renting vs. buying comparison shows how much maintenance really costs an owner.
What happens at the end of a lease-to-own agreement?
Three outcomes are possible: you buy, typically by closing on a mortgage at the contract price with your option fee and rent credits applied; you negotiate an extension; or you walk away, which is allowed under option contracts but a potential breach under lease-purchase contracts. Line up financing 6 to 12 months early so the deadline doesn’t force a bad outcome, and know which loan programs you’re aiming at.
Is lease-to-own cheaper than buying a house outright?
Usually not over the full term. You’ll typically pay above-market rent plus a non-refundable option fee, and the locked price may include a premium. What lease-to-own buys is time to build credit and savings while living in the home you intend to own. If you could qualify today, buying directly is almost always cheaper, and how to save for a down payment shows how to close the gap faster.
Can a rent-to-own tenant be evicted in Michigan?
Yes, through the same summary proceedings used for any tenant. For unpaid rent, the landlord-seller can file after a written demand gives you 7 days to pay (MCL 600.5714(1)(a)), and after a judgment for possession the order removing you generally cannot issue until 10 days have passed (MCL 600.5744(5)). According to Michigan Legal Help, a termination-of-tenancy eviction carries no redemption period at all.
Can a tenant-buyer claim Michigan’s principal residence exemption?
Not while renting. Treasury’s PRE page says the exemption covers an owner’s principal residence, exempting it from the local school operating millage, up to 18 mills. MCL 211.7dd lists a person purchasing under a land contract as an owner, but not a tenant holding an option. Once you buy, MCL 211.7cc sets the claim deadlines: June 1 for the summer levy and November 1 for the winter levy.
Can I use MSHDA down payment help to buy my rent-to-own home?
Only if you and the home meet MSHDA’s rules when you exercise the option and close, not at lease signing. Its MI Home Loan page treats anyone who has owned no home for three years as a first-time buyer statewide; repeat buyers need a targeted area. Your option price must fit the $566,355 limit (since June 1, 2026), with a 640 score and income under MSHDA’s limit. MI 10K DPA adds up to $10,000. See grants and programs.
Is my rent-to-own contract really a land contract?
It can be. According to the National Consumer Law Center, some contracts titled “lease with option to buy” are really land contracts, and the defining sign is that by the end you will have paid the full purchase price and should receive a deed. Michigan Legal Help adds that a tenant-buyer facing eviction can argue the deal is more like a land contract, so the seller must file a forfeiture or judicial foreclosure complaint instead.
The bottom line on lease-to-own agreements
A lease-to-own agreement rents you a home for a term that commonly runs one to three years at a price fixed today, in exchange for an option fee sellers usually set at 1% to 5% of that price and almost never refund. Navigating one comes down to three things: confirming whether you hold an option you may decline or a lease-purchase you’re committed to, getting every number in writing, and documenting rent the way lenders require, Fannie Mae credits only the gap between the appraiser’s market rent and what you actually paid, on a lease with an original term of at least 12 months.
If you’re ready to make the option pay off, talk to Align Lending. We’ll build your mortgage-readiness plan now and shop your purchase across our lender network when the option comes due, so you see competing offers side by side. Call 248-506-5727 or start online.
Footnotes:
1. The $250,000 purchase price and 3% option fee are illustrative figures chosen to show the arithmetic. Example figures in this article are hypothetical and for educational purposes only; they do not constitute an advertisement of credit terms or a rate quote under federal or state lending laws. Your option fee, rent credit, loan amount and terms depend on your contract, your application, the appraiser’s market rent conclusion, and your lender’s guidelines. Return to text.
2. Align Lending is not acting on behalf of or at the direction of FHA or HUD. FHA definitions, minimum required investment rules and documentation requirements are set by HUD in the Single Family Housing Policy Handbook 4000.1 and are subject to change; confirm current policy in the handbook posted on hud.gov. Fannie Mae underwriting policy is set in the Selling Guide and may change; confirm current policy at fanniemae.com. Return to text.
3. This article is for informational purposes only and is not intended to provide legal, financial or tax advice. Lease options, lease-purchase contracts and land contracts are creatures of state law, and their formation, recording, tax treatment and default remedies differ by state. Michigan statutory citations here are current as of August 2026; statutes are amended and renumbered. Confirm the current text of MCL 211.27a, MCL 600.5726, MCL 600.5728 and MCL 600.5744 with the Michigan Legislature, and consult a licensed Michigan real estate attorney and a qualified tax professional about your own agreement. Return to text.
Figures current as of August 2026; verify with the linked source before relying on them.
Sources: rent credit for an option to purchase determined by calculating the difference between the market rent and the actual rent paid by the borrower, with market rent determined by the appraiser in the appraisal for the subject property, and required documentation including a rental/lease with option to purchase agreement evidencing an original term of at least 12 months, the total number of months of the agreement, the monthly rental amount and the amount of the monthly rent credit, plus copies of the borrower’s canceled checks, bank statements, money order receipts or other reasonable methods evidencing the rental payments over the term of the agreement and clearly indicating the payee and the amount being paid, Fannie Mae Selling Guide B3-4.3-12, Rent-Related Credits (08/07/2024). Positive Rental Payment History defined as the on time payment by a Borrower of all rental payments in the previous 12 months, and Minimum Required Investment defined as the borrower’s contribution in cash or its equivalent required by Section 203(b)(9)(A) of the National Housing Act, representing at least 3.5 percent of the Adjusted Value of the property, HUD Handbook 4000.1, Glossary and Acronyms (last revised 05/20/2024). Desktop Underwriter consideration of rent payments of $300 or more per month identified from the credit report or from 12 months of transaction data on an asset verification report, for first-time home buyers purchasing a principal residence, Fannie Mae, Positive Rent Payment History in Desktop Underwriter. Sale by land contract as a transfer of ownership occurring on the date the land contract is entered into, MCL 211.27a(6)(b); taxable value set at state equalized value for the calendar year following the transfer, MCL 211.27a(3); Property Transfer Affidavit (Form 2766) required to be filed with the local assessing office within 45 days of a transfer of ownership, MCL 211.27a(10); lease treated as a transfer of ownership where the lease term exceeds 35 years including all renewal options or the lessee has a bargain purchase option, defined as the right to purchase the leased property at the end of the lease for 80 percent or less of the property’s projected true cash value, MCL 211.27a(6)(g); Michigan State Tax Commission, Transfer of Ownership Guidelines. Summary proceedings available after forfeiture of an executory contract for the purchase of premises only where the contract expressly provides for termination or forfeiture, MCL 600.5726; written notice of forfeiture required before possession may be recovered, MCL 600.5728, with the cure period stated as 15 days unless the parties have by contract agreed to a longer time on SCAO Form DC 101, Forfeiture Notice, Land Contract (Rev. 3/23). Writ of restitution withheld for 90 days after entry of a judgment for possession based on forfeiture where less than 50% of the purchase price has been paid, and 6 months where 50% or more has been paid, MCL 600.5744(4); issuance of the writ foreclosing any equitable right of redemption, MCL 600.5744(8); Michigan Judicial Institute, Residential Landlord-Tenant Law Benchbook, Ch. 7. HUD housing counseling agency locator line, 800-569-4287, U.S. Department of Housing and Urban Development. Option fee ranges, option period lengths and rent credit amounts described in this article are market conventions negotiated between the parties, not figures published or set by any government agency or secondary-market guideline.
This article is for informational purposes only and is not intended to provide legal, financial, or tax advice. Lease-to-own agreements, lease options, lease-purchase contracts and land contracts are governed by state law and vary by contract; loan program rules, documentation requirements and property tax treatment change over time. Confirm your figures with your own contract, your Loan Estimate, and current agency guidance, and consult a qualified attorney and tax professional about your situation. Figures shown are illustrative, are not a rate quote or an offer of credit, and are subject to change. Align Lending is an independent Michigan mortgage broker, NMLS #2041154.
Sources
Every outside source this guide links to, in the order it appears. How we choose and check sources
- Selling Guide B3-4.3-12, 08/07/2024Fannie Mae Selling Guide
- ReportedU.S. Census Bureau
- Publication 527 (2025), Residential Rental PropertyInternal Revenue Service
- Policy brief on land contracts and lease-optionsnclc.org
- Report on Contract for Deed LendingConsumer Financial Protection Bureau
- Full reportConsumer Financial Protection Bureau
- 12 CFR 1026.36(a)(4)Electronic Code of Federal Regulations
- Nolo’s legal guide to lease-to-own agreementsNolo
- Free HUD-approved housing counselingU.S. Department of Housing and Urban Development
- CFPB’s tools for preparing to buyConsumer Financial Protection Bureau
- Under MCL 211.27a(6)(b)Michigan Legislature
- (MCL 600.5726)Michigan Legislature
- MCL 600.5744(4) withholds the writ of restitutionMichigan Legislature
- MCL 554.139Michigan Legislature
- Michigan Legal Helpmichiganlegalhelp.org
- Property Records Search portaloakgov.com
- Land contract buyer guidedetroitmi.gov
- MCL 207.525Michigan Legislature
- MCL 207.504Michigan Legislature
- MCL 207.523Michigan Legislature
- MCL 207.526(o)Michigan Legislature
- MCL 600.5714(1)(a)Michigan Legislature
- PRE pageState of Michigan
- MCL 211.7ddMichigan Legislature
- MCL 211.7ccMichigan Legislature
- MI Home Loan pageState of Michigan
- SCAO Form DC 101, Forfeiture Notice, Land Contract (Rev. 3/23)State of Michigan


