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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33456
Experience:  30 years of real estate practice experience.
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MA** we are looking at writing up a lease purchase agreement

Customer Question

MA** we are looking at writing up a lease purchase agreement with a prospective tenant-buyer. we'd like for the tenant-buyer to be responsible for small repairs up to $200. can we do that without exposing ourselves to the risk of 'employing' them? we hear bad stories from other investors that had tenants come back and sue them for 'employee benefits' because they did various small repairs to the house. but we'd like to think our case is different. these are tenants who want to buy the house, and in theory they'd be thinking of the house as if it's going to be theirs.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Loren replied 9 months ago.

Merely making the tenant responsible for repairs is not going to make them an employee. If you are worried, just put a provision in the agreement that nothing contained in the lease will be construed to create an employer/employee relationship between the parties.