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mashedtaters · Sep 22, 2011, 07:39 PM

I am currently renting a home to a couple in Tennessee. We were on a lease with option to purchase agreement. We allowed them to keep the refrigerator along with a few other items helping to sweeten the deal so they may move forward to purchase faster. In the agreement we stated that if they haven't purchased the property by a certain date they would have to relinquish all of the items. Because of that statement does that allow me to pull the fridge from the property and leave them without a replacement?

cdad · Sep 22, 2011, 07:48 PM

If you have it in writing and that date has passed then notify them of your intent to follow through on the contract they they signed.

Have they done anything to get financing or anything yet?

Fr_Chuck · Sep 22, 2011, 07:56 PM

The issue is at the point it is still a rental, I believe a rental may have to include the fridge and stove.

Remember all the terms of the lease stand.

What I see it saying, if they decide to buy after that date, the items will not be included in the sale, but it would not effect the rental.

Rent or lease with option, does not require them to buy, in fact they may just continue to lease.

joypulv · Sep 23, 2011, 01:11 AM

I don't know of any states where I have lived (northeast and Calif) that require a fridge in a rental.
In many areas I either rented in or was a landlord in, fridges were optional and stoves were not. But it was not because of any laws.
I think you have every right to your terms of your contract.

Fr_Chuck · Sep 23, 2011, 08:20 PM

There are often city codes on rental property. And I am not sure that a clause that penalizes them for not using the purchase agreement clause ( not buying it) is legal to enforce.

I guess the issue is that the landlord can take them, but the renter then may sue them on grounds that the clause was only referring to purchase and not continued rental, Then the exact wording will be an issue.

The other fight is that, a clauses that has a penalty for not using a optional clause may not be legal.

I am sure it is enough to give a housing judge a headache that day.

Again, this is why there are attorneys and courts, different experts may not always agree, as you will find an attorney to fight either side.

My advice, don't renew their lease, and let them keep the items.