assignment of rents real estate

Assignment of Rents – What, Why, and How?

Article by:

Madelaine prescott, esq., share this post:.

• November 29, 2023

These days, almost all commercial loans include an Assignment of Rents as part of the Deed of Trust or Mortgage. But what is an Assignment of Rents, why is this such an important tool, and how are they enforced?

An Assignment of Rents (“AOR”) is used to grant the lender on a transaction a security interest in existing and future leases, rents, issues, or profits generated by the secured property, including cash proceeds, in the event a borrower defaults on their loan. The lender can use the AOR to step in and directly collect rental payments made by the tenant. For an AOR to be effective, the lender’s interest must be perfected, which has a few fairly simple requirements. The AOR must be in writing, executed by the borrower, and recorded with the county where the property is located. Including an AOR in the recorded Deed of Trust or Mortgage is the easiest and most common way to ensure the AOR meets these requirements should it ever need to be utilized.

When a borrower defaults, lenders can take advantage of AORs as an alternative to foreclosure to recoup their investment. With a shorter timeline and significantly lower costs, it is certainly an attractive option for lenders looking to get defaulted borrowers back on track with payments, without the potential of having to take back a property and attempting to either manage it or sell it in hopes of getting your money back out of the property. AORs can be a quick and easy way for the lender to get profits generated by the property with the goal of bringing the borrower out of default. But lenders should carefully monitor how much is owed versus how much has been collected. If the AOR generates enough funds so that the borrower is no longer in default, the lender must stop collecting rents generated by the property.

Enforcement of an AOR can also incentivize borrowers to work with the lender to formulate a plan, as many borrowers rely on rental income to cover expenses related to the property or their businesses. Borrowers are generally more willing to come to the table and negotiate a mutual, amicable resolution with the lender in order to protect their own investment. A word of warning to lenders though: since rental income is frequently used to pay expenses on the property, such as the property manager, maintenance, taxes, and other expenses, the lender needs to ensure they do not unintentionally hurt the value of the property by letting these important expenses fall behind. This may hurt the lender’s investment as well, as the property value could suffer, liens could be placed on the property, or the property may fall into disrepair if not properly maintained. It is also important for lenders to be aware of the statutes surrounding the payment of these expenses when an AOR is being used, as some state’s statutes require the lender to pay certain property expenses out of the collected rents if requested by the borrower.

In addition to being shorter and cheaper than foreclosure, AORs can be much easier to enforce. In California, the enforcement of an AOR is governed by California Civil Code §2938. This statute specifies enforcement methods lenders can use and restrictions on use of these funds by the lender, among other things. Under CA Civil Code §2938(c), there are 4 ways to enforce an AOR:

• The appointment of a receiver;
• Obtaining possession of the rents, issues, profits;
• Delivery to tenant of a written demand for turnover of rents, issues, and profits in the correct form; or
• Delivery to assignor of a written demand for the rents, issues, or profits.

One or more of these methods can be used to enforce an AOR. First, a receiver can be appointed by the court, and granted specific powers related to the AOR such as managing the property and collecting rents. They can have additional powers though; it just depends on what the court orders. This is not the simplest or easiest option as it requires court involvement, but this is used to enforce an AOR, especially when borrowers or tenants are uncooperative. Next is obtaining possession of the rents, issues, profits, which is exactly as it seems; lenders can simply obtain actual possession of these and apply the funds to the loan under their AOR.

The third and fourth options each require delivery of a written demand to certain parties, directing them to pay rent to the lender instead of to the landlord. Once the demand is made, the tenant pays their rent directly to the lender, who then applies the funds to the defaulted loan. These are both great pre-litigation options, with advantages over the first two enforcement methods since actual possession can be difficult to obtain and courts move slowly with high costs to litigate. The written demands require a specific form to follow called the “Demand To Pay Rent to Party Other Than Landlord”, as found at CA Civil Code §2938(k). There are other notice requirements to be followed here, so it is essential to consult with an experienced attorney if you are considering either of these options. California Civil Code §2938 specifically provides that none of the four enforcement methods violate California’s One Action Rule nor the Anti-Deficiency Rule, so lenders can confidently enforce their AORs using the above methods with peace of mind that they are not violating other California laws.

Whether you are looking to originate a new loan, or you are facing a default by your borrower, understanding what an Assignment of Rents is and how it operates can be extremely beneficial. Enforcing an AOR can be an easier option than foreclosure and can help promote a good relationship with your borrower when handled correctly. If you have any questions about AORs, or need further details on how to enforce them, Geraci is here to help.

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Assignment of Rents & Leases

Assignment of rents and leases in business and real estate transactions.

An “Assignment of Rents and Leases” is a crucial legal instrument that significantly impacts commercial and residential real estate, and mergers and acquisitions of real estate. Having a properly drafted and executed assignment means the rights and assets that are transferred give the new party (the assignee) the right to receive payments.

What is an assignment of rents and leases?

An assignment of rents and leases is a legal agreement in which the individual or company entitled to receive payments transfers that right to another party. Most often, this occurs (1) when a property owner hires a property manager, or (2) in acquisitions, such as a property management company selling their accounts to another property management company or a commercial landlord selling their portfolio to a buyer.

How is an assignment of rents and leases used?

This arrangement is often utilized in business sales, account sales, financing, and investment transactions as a means of securing debt or protecting the interests of the lender or property owner.

In the financing context, an assignment often grants the lender or assignee the authority to collect and apply the rents from the property should the borrower default on their loan; this is important when the borrower collateralizes real estate in order to receive the loan. In a property management context, an assignment often serves to effectively transfer management rights to the new company.

An assignment of rents and leases is probably most commonly used in a commercial real estate context when there is a sale of a commercial property, or in the residential real estate context when there is a change in property managers.

What terms should be included in an assignment of rents and leases?

Certain components should be included in a proper assignment. Here are a few of the foundational terms for an assignment of rents and leases:

• Parties. All parties should be clearly identified and defined. This can include the borrower, lender, assignee, assignor, successor, etc.
• Property description. The real estate parcel(s) involved in the assignment should be described by legal description, street address, and more.
• Lease terms, rents, and disclosures. The actual lease agreements that are being transferred to the new landlord, property manager, lender, etc. should be provided to the assignor/successor, along with an easy-to-read schedule of rents and other crucial details per parcel or premises.
• Rights and obligations. Each party should have their rules, permissions, and contractual rights and obligations outlined in the assignment language. The rights and obligations of each stakeholder will be widely varied based on the needs and financial position of each party, the existing leases being assigned, and the specifics of the subject properties.

Best Commercial Real Estate Attorneys in Oklahoma

It is crucial to engage an attorney with experience in properly negotiating, drafting, and executing assignments of rents and leases. They can guide you through the process, ensuring that the assignment is tailored to your specific needs and complies with all relevant legal requirements. The attorneys of Avenue Legal Group have the experience you need and want in your transaction. Contact our firm to discuss your transaction, assignment of rents and leases, or other real estate documentation.

Looking for local counsel in Oklahoma for your commercial real estate transaction? Our firm frequently works with attorneys, investors, and lenders from outside the state. Contact us by call, text, email, or website submission to discuss your matter.

Other helpful information:

• Commercial Real Estate Transactions in Oklahoma
• Due Diligence in Oklahoma Real Estate Transactions
• Essential Terms for Every Commercial Lease
• Attorney for Real Estate Contract Review
• Estate Planning
• Real Estate and Investing

Have Questions?

Assignment of Lease

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What is an assignment of lease.

The assignment of lease is a title document that transfers all rights possessed by a lessee or tenant to a property to another party. The assignee takes the assignor’s place in the landlord-tenant relationship.

You can view an example of a lease assignment here .

How Lease Assignment Works

In cases where a tenant wants to or needs to get out of their lease before it expires, lease assignment provides a legal option to assign or transfer rights of the lease to someone else. For instance, if in a commercial lease a business leases a place for 12 months but the business moves or shuts down after 10 months, the person can transfer the lease to someone else through an assignment of the lease. In this case, they will not have to pay rent for the last two months as the new assigned tenant will be responsible for that.

However, before the original tenant can be released of any responsibilities associated with the lease, other requirements need to be satisfied. The landlord needs to consent to the lease transfer through a “License to Assign” document. It is crucial to complete this document before moving on to the assignment of lease as the landlord may refuse to approve the assignment.

Difference Between Assignment of Lease and Subletting

A transfer of the remaining interest in a lease, also known as assignment, is possible when implied rights to assign exist. Some leases do not allow assignment or sharing of possessions or property under a lease. An assignment ensures the complete transfer of the rights to the property from one tenant to another.

The assignor is no longer responsible for rent or utilities and other costs that they might have had under the lease. Here, the assignee becomes the tenant and takes over all responsibilities such as rent. However, unless the assignee is released of all liabilities by the landlord, they remain responsible if the new tenant defaults.

A sublease is a new lease agreement between the tenant (or the sublessor) and a third-party (or the sublessee) for a portion of the lease. The original lease agreement between the landlord and the sublessor (or original tenant) still remains in place. The original tenant still remains responsible for all duties set under the lease.

Here are some key differences between subletting and assigning a lease:

• Under a sublease, the original lease agreement still remains in place.
• The original tenant retains all responsibilities under a sublease agreement.
• A sublease can be for less than all of the property, such as for a room, general area, portion of the leased premises, etc.
• Subleasing can be for a portion of the lease term. For instance, a tenant can sublease the property for a month and then retain it after the third-party completes their month-long sublet.
• Since the sublease agreement is between the tenant and the third-party, rent is often negotiable, based on the term of the sublease and other circumstances.
• The third-party in a sublease agreement does not have a direct relationship with the landlord.
• The subtenant will need to seek consent of both the tenant and the landlord to make any repairs or changes to the property during their sublease.

Here is more on an assignment of lease here .

Benjamin W.

Parties Involved in Lease Assignment

There are three parties involved in a lease assignment – the landlord or owner of the property, the assignor and the assignee. The original lease agreement is between the landlord and the tenant, or the assignor. The lease agreement outlines the duties and responsibilities of both parties when it comes to renting the property. Now, when the tenant decides to assign the lease to a third-party, the third-party is known as the assignee. The assignee takes on the responsibilities laid under the original lease agreement between the assignor and the landlord. The landlord must consent to the assignment of the lease prior to the assignment.

For example, Jake is renting a commercial property for his business from Paul for two years beginning January 2013 up until January 2015. In January 2014, Jake suffers a financial crisis and has to close down his business to move to a different city. Jake doesn’t want to continue paying rent on the property as he will not be using it for a year left of the lease. Jake’s friend, John would soon be turning his digital business into a brick-and-mortar store. John has been looking for a space to kick start his venture. Jake can assign his space for the rest of the lease term to John through an assignment of lease. Jake will need to seek the approval of his landlord and then begin the assignment process. Here, Jake will be the assignor who transfers all his lease related duties and responsibilities to John, who will be the assignee.

You can read more on lease agreements here .

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Assignment of Lease From Seller to Buyer

In case of a residential property, a landlord can assign his leases to the new buyer of the building. The landlord will assign the right to collect rent to the buyer. This will allow the buyer to collect any and all rent from existing tenants in that property. This assignment can also include the assignment of security deposits, if the parties agree to it. This type of assignment provides protection to the buyer so they can collect rent on the property.

The assignment of a lease from the seller to a buyer also requires that all tenants are made aware of the sale of the property. The buyer-seller should give proper notice to the tenants along with a notice of assignment of lease signed by both the buyer and the seller. Tenants should also be informed about the contact information of the new landlord and the payment methods to be used to pay rent to the new landlord.

You can read more on buyer-seller lease assignments here .

Get Help with an Assignment of Lease

Do you have any questions about a lease assignment and want to speak to an expert? Post a project today on ContractsCounsel and receive bids from real estate lawyers who specialize in lease assignment.

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

Meet some of our Assignment of Lease Lawyers

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Melissa D. Goolsarran Ramnauth, Esq. is an experienced trial-winning trademark and business attorney. She has represented large businesses in commercial litigation cases. She now represents consumers and small businesses regarding federal trademarks, contracts, and more. Her extensive litigation knowledge allows her to prepare strong trademark applications and contracts to minimize the risk of future lawsuits.

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Benjamin E.

Benjamin is an attorney specializing in Business, Intellectual Property, Employment and Real Estate.

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I am a graduate of Cornell University and Rutgers University School of Law—Newark, and have been admitted to the state and federal bars for New Jersey, and have been engaged in the full- or part-time practice of law since my admission to the bar in 1991. My practice centers on civil litigation; wills, trusts, and estates; and ediscovery review and management. I have extensive experience in regulatory compliance in the financial services industry, as well as privacy laws in the U.S. and E.U.

I am a general practice lawyer with 21 years of experience handling a wide variety of cases, both civil and criminal

I help start-ups, small businesses, and people realize their potential by leveraging my legal and technological experience. Legally skilled in employment law, intellectual property, corporate law, and real estate transactions.

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• What is an Assignment of Rents?

WHAT IS AN ASSIGNMENT OF RENTS?

An assignment of rent is a binding contract between a lender and a borrower stipulating that in the event the borrower defaults on the mortgage, the lender will be entitled to collect any rent payments made by a tenant occupying the property. If the lender is aware that the borrower intends to use the mortgaged property as a rental property, the lender may include an assignment of rents clause in the mortgage agreement to further protect its interest. A lender may choose to enter a general assignment of rents or a specific assignment of rents.

In a general assignment of rents, the agreement is binding on all future leases. A specific assignment of rents is only binding on the specific parties listed in the agreement. In the context of a real estate transaction, an assignment of rents, whether general or specific, may be registered on title. An assignment of rent may also be registered under the Personal Property Security Act as a secured interest. An assignment of rents is typically only deleted from the title when the corresponding mortgage is discharged and paid in full.

Contact us if you require legal assistance with your real estate transaction. Our real estate law team has the experience and knowledge to assist you throughout every step of the transaction.

Disclaimer: The information contained in this article is not to be construed as legal advice. The content is drafted and published only for the purpose of providing the public with general information regarding various real estate and business law topics. For legal advice, please contact us.

About the Author:

Shahriar Jahanshahi is the founder and principal lawyer at Jahanshahi Law Firm with a practice focus on representing business star-ups and investors in the province of Ontario. For further information about Shahriar Jahanshahi, click here .

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Navigating the assignment of a residential lease

A landlord can assign his leases to a new buyer of his building. Likewise, a tenant may be able to assign his lease if he needs to relocate. Find out how to assign your lease and what you can do to protect yourself when doing so.

by   Ronna L. DeLoe, Esq.

Ronna L. DeLoe is a freelance writer and a published author who has written hundreds of legal articles. She does...

Read more...

Updated on: December 4, 2023 · 3 min read

Assignment of lease by the tenant

Assignment of lease vs. sublease, assignment of lease by the landlord.

As a tenant, you may want to get out of your residential lease without paying the remaining rent. Likewise, if you're a landlord and sell your rental property, the buyer must now collect rent from the tenants, who may have no idea you sold the property. In both situations, assignment of a lease with a release for the tenant and assignment of leases with notice by the landlord accomplish these goals.

If you're the tenant and want to leave before the end of your lease term, you may be able to assign your lease to a third party if the landlord doesn't let you out of the lease. The third party then becomes the new tenant, who is bound by the terms of the original lease and pays rent to the landlord.

Most often, the lease won't permit assignment without the landlord's approval, but leases often state that the landlord cannot unreasonably withhold consent. As long as you produce a tenant who's shown a history of payment under prior leases and has been a model tenant, a landlord should consent to assignment.

The assignment of lease form should include places for the tenant-assignor, the new tenant-assignee, and the landlord to sign. If the master lease allows assignment, then the tenant doesn't need the landlord's permission; the tenant can sign an assignment of lease agreement without the landlord's signature.

If the landlord allows an assignment of the lease, you, as the tenant, also want him to sign a release stating that you're not responsible for the new tenant's failure to pay or for any damage she causes. Without such a release, you may still be liable for both.

When you, as the tenant, assign the lease, you sign an agreement that either reads “Assignment of Lease," “Lease Assumption Agreement," or “Assignment and Assumption Agreement." An assumption of the lease means that the new tenant assumes your obligations, such as paying rent and keeping the apartment in good condition.

An assignment of a lease transfers the tenant's entire rights in the property to a third party. With a sublease, on the other hand, the tenant transfers only a portion of the remaining lease. For example, if the original tenant has six months remaining on his lease and he gives the entire six months to a third party, the tenant is permanently assigning his rights to live on the property to the third party. If, however, the tenant allows that third party to stay at the premises for only three months, and the tenant intends to return after three months, he is subleasing the premises.

A landlord can assign the right to collect rent to someone who has purchased the property. An assignment of lease from the seller to the buyer allows the new landlord to collect rent from any and all current tenants in the building. The language in the landlord's assignment of lease agreement can include assignment of security deposits, if the parties agree to it. An assignment of leases by the landlord to the buyer affords protection to the buyer so he can collect rent.

An assignment of leases by the landlord to the buyer is meaningless if tenants aren't aware the landlord sold the property, which is why it's important for the assignor-landlord to give tenants proper notice. A notice of assignment of lease, which is a form signed by both the assignor-landlord and the assignee, or new landlord, is one way to give notice. Another way is to send a letter on the landlord's letterhead. Either way, the notice must include the new landlord's address and how rent is to be paid.

Both landlords and tenants who become assignors should sign a formal assignment of lease agreement, which an online service provider can prepare for you. If you're the tenant who has assigned your lease, try to get a release or you'll still be liable to the landlord. If you're the landlord, make sure you can count on the new tenant to pay the rent before you release the primary tenant from his obligations under the lease.

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• What is an assignment of rents?

by Brian D. Moreno, Esq., CCAL | General Real Estate Law , Homeowners Association

With the collection of assessments, community associations are always looking for creative ways to increase the chance of recovery.  One underutilized remedy that may provide associations good results is an assignment of rents.  If an owner-landlord fails to pay HOA assessments but continues to collect rent payments from his or her tenant, the association should consider rent assignment.  There are prejudgment and post-judgment rent assignment remedies that can be pursued with regard to the delinquency.  A post-judgment rent assignment can be pursued by way of a request to the court after a Judgment is entered against the owner-landlord.

A prejudgment rent assignment can be pursued even before filing a lawsuit if executed properly.  In California, Civil Code Section 2938 regulates the formation and enforcement of the assignment of rents and profits generated by a lease agreement relating to real property.  It provides that “[a] written assignment of an interest in leases, rents, issues, or profits of real property made in connection with an obligation secured by real property. . .shall, upon execution and delivery by the assignor, be effective to create a present security interest in existing and future leases, rents, issues, or profits of that real property. . . .”   Once a written assignment of rents is properly authorized and formed, the law creates a security interest (i.e., lien) against the rents and profits paid by a tenant. 

The question then is whether the association’s CC&Rs, by itself, creates an assignment of the right to a tenant’s rent payment in favor of the association.  Indeed, section 2938(b) provides that the assignment of an interest in leases or rent of real property may be recorded in the same manner as any other conveyance of an interest in real property, whether the assignment is in a separate document or part of a mortgage or deed of trust.  Since a homeowners association’s CC&Rs is a recorded document and contains covenants, equitable servitudes, easements, and other property interests against the development, it follows that the assignment of rents relief provided in Section 2938(b) can be extended to community associations provided the CC&Rs contains an appropriate assignment of rents provision.

Section 2938, however, does not clarify whether the CC&Rs document on its own creates a lien and enforceable assignment right.  Moreover, a deed of trust is much different than a set of CC&Rs, in that the deed of trust creates a lien against the trustor’s property upon recordation, while a homeowners association would not have a lien until an owner becomes delinquent with his or her assessments and the association records an assessment lien against the property.  Therefore, depending on the scope of the assignment of rents provision in the CC&Rs, a homeowners association would likely need to record an assessment lien first before pursuing rents from a tenant.  Moreover, even after a lien is recorded, homeowners associations should consider adding a provision in the assessment lien giving notice to the delinquent owner that an assignment right is in effect upon recordation of the assessment lien.  Nevertheless, association Boards should consult with legal counsel to ensure proper compliance with the law.

Once the assignment right becomes enforceable, the next issue is how the Association can and should proceed.  Section 2938(c)(3) allows the association to serve a pre-lawsuit demand (a sample of which is included in the statute) on the tenant(s), demanding that the tenant(s) turn over all rent payments to the association.  This can be a powerful tool for homeowners associations.  Moreover, if the tenant complies, the association will receive substantial monthly payments that can be applied towards the assessment debt, and collecting the funds does not appear to preclude the association from pursuing judicial or non-judicial foreclosure proceedings at a later time.

While homeowner associations have the option of pursuing a lawsuit against the delinquent owner and seeking to collect the rent payments after a judgment has been obtained, there are obvious advantages to enforcing the assignment of rents provision prior to pursuing litigation.  A pre-lawsuit assignment of rents demand may prove to be more effective and cheaper.  Additionally, the tenant affected by the assignment of rents demand may place additional pressures on the delinquent owner/landlord having received such a demand.  Given this, the options available pursuant to Section 2938, including the pre-lawsuit demand for rents, should at least be considered and analyzed before action is taken.

Truly, the initial pre-lawsuit demand for rents may persuade the landlord-owner to resolve the delinquency with the association in the face of the potential disturbance of the landlord-tenant relationship.  Even if the tenant fails to comply with the demand and/or the owner fails to bring the account current, the association could nonetheless pursue foreclosure remedies and/or seek to have a receiver appointed to specifically enforce the assignment of rents provision.

In sum, if a delinquent homeowner is leasing the property to a tenant, the homeowners association should consider making a pre-lawsuit demand for rent payments.  If the association’s CC&Rs does not contain an assignment of rents provision, the board of directors should consider amending the CC&Rs to include an appropriate provision.  Without question, the pre-lawsuit demand for rents could provide an excellent opportunity for recovery of unpaid assessments during these difficult economic times.

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Properly Enforcing an Assignment of Rents

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In Florida, lenders typically obtain an “assignment of rents” if the property produces income by collecting rent, such as an apartment complex, rental home, rental space, or office building. An “assignment of rents” allows the lender to collect the rent payments, if the borrower defaults on their loan payments. Although the lender and borrower may agree to the assignment of rents in the loan documents, the procedure for enforcing the assignment of rent is governed by   Section 697.07, Florida Statutes .

The Assignment of Rents Should be Recorded

If a lender and borrower agree to the assignment of rents as security for repayment of debt in a mortgage document, the lender will hold a lien on the rent payments.  However, to perfect its rents lien against third parties, the lender must record the mortgage in the public records of the county in which the real property is located. Fla. Stat. § 697.07 (2).

How Can a Lender Enforce the Assignment of Rents?

Section 697.07 provides two methods for the lender to enforce the assignment of rent: (i) the actual assignment of rent to the lender, and (ii) the sequestration of rents into the court registry. Wane v. U.S. Bank, Nat’l Ass’n , 128 So. 3d 932, 934 (Fla. 2d DCA 2013) (“Section 697.07 draws a clear line between a motion seeking sequestration of rents into the court registry [under subsection (4)] and a motion seeking an actual assignment of rents to the lender pending foreclosure [under subsection (3)].”).

(i) Actual Assignment of Rent to the Lender

The first method, the actual assignment of rent to the lender, is provided in Section 697.07 (3). If the borrower defaults on the loan, the lender can make a written demand to the borrower to turn over “all rents in possession or control of the [borrower] at the time of the written demand or collected thereafter,” minus any expenses authorized by the lender in writing. Fla. Stat. § 697.07 (3). If the borrower does not turn over rent payments after the lender has made a written demand, the lender may foreclose on the rents lien and collect rent payments, without having to foreclose on the underlying mortgage. Ginsberg v. Lennar Fla. Holdings, Inc. , 645 So. 2d 490, 498 (Fla. 3d DCA 1994) (“[A]n assignment of rent creates a lien on the rents in favor of the mortgagee, and the mortgagee will have the right to foreclose that lien and collect the rents, without the necessity of foreclosing on the underlying mortgage.”).

To receive a court order for the actual assignment of rent, the lender will have to prove that there was a default, and that it made a written demand to the borrower to turn over rent payment. Wane , 128 So. 3d at 934. Additionally, an evidentiary hearing will be required.

(ii) Sequestration of Rent Into the Court Registry

The second method, the sequestration of rent into the court registry, is provided in Section 697.07 (4). This method can only be used if there is a pending mortgage foreclosure lawsuit. Unlike the first method, the lender does not have to prove that there was a default or make a written demand, and an evidentiary hearing is not required.

Either the borrower or lender may make a motion to the court for sequestration of rent into the court registry. Upon such a motion, a court, pending final judgment of foreclosure, may require the borrower to deposit the collected rents into the court, or in such other depository as the court may designate. The court must hear the motion on an expedited basis, and the moving party will only be required to show that there is a pending foreclosure lawsuit, and that there is a provision in the loan documents for the assignment of rent. Wane , 128 So. 3d at 934.

Moreover, a borrower cannot avoid sequestration of rents by raising defenses or counterclaims. Id. ; Fla. Stat. § 697.07 (4). In addition, the borrower will be required to submit records of receipt of rent to the court and lender, typically on a monthly basis throughout the lawsuit. The rents will remain in the court registry until conclusion of the foreclosure action.

To properly enforce the assignment of rents, the first thing lenders should do is record the assignment of rents in the public records of the county in which the real property is located. In the event the borrower defaults on their loan, the lender will have two options to enforce the assignment of rents: the actual assignment of rent to the lender (Section 697.07 (3)), or the sequestration of rents into the court registry (Section 697.07 (4)). If the lender is seeking the actual assignment of rent, the lender must send a written demand to the borrower to turn over the rent payments and provide proof of default. On the other hand, the lender may seek sequestration without proof of default or written demand. Showing the existence of an assignment of rents provision in the loan documents is sufficient to obtain sequestration of rents into the court registry.

• Austin B. Calhoun, Esq.
• Melissa G. Murrin, JD Candidate

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Mortgage, Assignment of Leases and Rents, Security Agreement, Financing Statement, and Fixture Filing (Pro-Lender Short Form) | Practical Law

Mortgage, Assignment of Leases and Rents, Security Agreement, Financing Statement, and Fixture Filing (Pro-Lender Short Form)

Practical law standard document 8-560-5825  (approx. 52 pages).

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Breaking news, why this couple decided to rent out rather than sell their old home: ‘it’s a gem’.

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When Chris L. and his husband bought their first home together in September 2023—a beautiful midcentury modern in Concord, CA—the next question became what Chris should do with the townhouse he’d bought on his own nine years earlier.

While his old home was certainly more modest than his new property, it has one huge thing going for it: a 2.65% mortgage rate .

“My mom used to always say, ‘Once you sell something, you can’t get it back,’” Chris says.

While many homebuyers sell their first property when moving onto their next, Chris was reluctant to part with such a stellar mortgage rate.

“It’s a gem I want to hang on to,” he explains.

So rather than selling, he decided to rent it out instead.

“It’s challenging to have two mortgages, but I think it’s worth it,” he says.

Chris’ decision to rent it out rather than selling it makes a lot of sense in today’s housing market, where mortgage rates now hover above 7%.

Homeowners who , like him, were lucky enough to snag the record-low interest rates of 2021–22 are hanging on to these properties and filling them with tenants instead.

“Among repeat homebuyers in 2023, 2% reported renting out their home to others,” says Danielle Hale, chief economist at Realtor.com®.

An additional 8% reported not planning to sell, without specifying what they’d do with the property.

Taken together, that could mean that 1 in 10 homebuyers is holding on to the real estate they already own—and could become a whole new generation of de facto landlords.

Why renting versus selling makes sense today Real estate agents have also noticed an uptick in homebuyers renting out their previous properties.

“I know a couple who inherited a property with a low-interest mortgage,” says Mike Rhoads, president of Wild North Home Offers in Raleigh, NC.

“Instead of selling it to us, they decided to renovate it and turn it into a rental property . The rent they receive brings in extra cash flow each month.”

In some cases, this scenario can give birth to a whole new career.

“One couple I know of began renting versus selling because doing so provided them with a steady stream of income,” says Mike Wall, a real estate agent with eXp Realty/EZ Sell Homebuyers in Dayton, OH.

“They have since acquired more rental properties, leveraging low interest rates to build a profitable real estate portfolio.”

Another development that’s encouraging homeowners to rent out versus sell is the array of websites that cater to mom-and-pop landlords such as Avail, where individuals like Chris can easily post rental listings and screen applicants.

“I did two weeks of showings with around 20 to 30 people showing up per day,” Chris recalls.

After checking their credit scores and narrowing it down to four to five applicants, he offered the apartment to a tenant who moved in in February.

How do the dollars stack up?

Chris and his partner bought their new larger home for $1.35 million with a mortgage at a fixed interest rate of 7.5%, which costs them around $7,000 per month.

Meanwhile, Chris’ townhome brings in $3,200 a month in rent, which more than covers the property’s outstanding monthly mortgage payment of $1,670—with plenty left over to help cover the costs of their new house.

The benefits of renting out your home

Many homebuyers sell their original digs because they need that cash as a down payment on their next property.

However, provided you don’t have to sell to buy, the advantages of renting out are considerable.

Investment properties bring in passive income, which you can put toward a new property or other purposes.

You will also continue to build equity in your original property, which is a nice plus for your net worth.

If you’re relocating, holding on to your old home also allows you to test the waters of a new neighborhood without giving up the old in case you want the option to return.

“Returning to the same area can often be more expensive versus keeping the property and letting it pay for itself with a renter while you are away,” says Cara Ameer, a real estate agent with Coldwell Banker, licensed in California and Florida.

Yet whether juggling two mortgages is worth the risk of spreading yourself too thin hinges heavily on what kind of interest rates you have in the balance.

“The major difference between [today’s] 7% borrowing costs and [previous] mortgage costs—nearly two-thirds of which are under 4%—creates an incentive to try to hold on to existing debt, if it is possible,” says Hale.

Mortgage interest rates are not the only reason renting out rather than selling is on the rise.

“The fact that rents remain high due to a decades-long period of underbuilding has also contributed to this phenomenon,” says Hale.

When rentals are in high demand and rents are high, these accidental landlords can reap major gains.

But if rents tumble or a rental sits vacant, selling the home, even with its low mortgage, might be the better option.

The risks of renting out your old home

Homeowners who are considering renting out their old place should also weigh whether they’re up for the substantial responsibility of becoming a landlord.

Ameer lists a few of the responsibilities: Do you know how to properly screen tenants?

Do you know the legalities of what you can and cannot do with today’s landlord-tenant laws?

How will you handle the legalities of a tenant who is late paying rent or doesn’t pay at all—or, for that matter, the classic call about a broken dishwasher or a clogged toilet at 3 a.m.?

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These factors can eat up a sizable chunk of time and potentially add to your stress levels.

Also, remember it’s not just a matter of covering your mortgage on the home you are renting out.

Real estate taxes and insurance are additional costs, as well as maintenance and repairs.

“Many homeowners don’t understand the tenant isn’t going to treat the house the same as you would,” says Nathaniel Hovsepian, owner of The Expert Home Buyers in Augusta, GA.

“You need to factor in more maintenance and upkeep over time.”

Consider hiring a competent property manager to check on the house and handle repairs that crop up. That’s another expense eating into your rental profits, but it might be vital.

Another thing to check before renting out an existing property: your mortgage terms.

“Many sub-3% mortgages are found in owner-occupied properties,” says Jameson Tyler Drew, president of Anubis Properties, in the Los Angeles area.

“They are the types of loans that involve first-time homebuyers and other tax credits. If you rent this kind of property out, you risk committing occupancy fraud. You could be on the hook to pay back both the mortgage and these tax breaks in full if you’re caught renting out your home, which I have seen happen.”

Similarly, if your property is part of a homeowners association, you might be running afoul of its no-renting regulations, so double-check those guidelines.

Otherwise, your cash cow could wind up costing you.

As for concerns about the hassles of finding a reliable renter and maintaining his previous property, so far Chris has found the process of running a rental fairly easy.

“So far she’s good about paying rent on time and is no trouble,” he says.

“If being a landlord turned into a headache, I might sell later, but who knows. So far, it’s a good way to have some passive income and move up, and still keep something for retirement purposes or to pass down to the next generation.”

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Top 10 Metros Where Rent Prices Are Dropping the Most Year-Over-Year

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Despite increasing $14 from February to March 2024, the median asking rent for 0-2 bedroom properties in the U.S. has decreased year-over-year for the eighth month straight, with March prices down 0.3%, or $5.

According to Realtor.com’s March 2024 Rental Report of the top 50 metropolitan areas in the U.S., rents declined across all property sizes, with the median asking price clocked at $1,722. Studios ($1,435) were down -1.4%, or $21 year-over-year, one-bedrooms ($1,602) decreased by $2 (-0.1%) and two-bedroom accommodations ($1,908) fell by $10 (-0.5%).

Rent rates differ from region to region, with Southern and Midwestern cities seeing the biggest median decreases. “There is some good news for renters with prices falling in many parts of the country, especially outside expensive metro markets in the West and Northeast, said Danielle Hale, Chief Economist at Realtor.com.

“However, we expect cost pressures to continue as interest rates remain high and would-be buyers opt to rent instead and keep demand high,” Hale added. “New housing construction is needed, especially in major markets in the Northeast and West, to alleviate the home supply shortage. Softer rents in the South are evidence that more supply helps tame rising costs.”

According to the report, rents held steady overall in the Midwest (0.0%), which is among the most affordable parts of the country due to lower unemployment, which keeps rental demand strong. However, rents grew in some big cities like Chicago, IL ($1,846), which saw an increase of 4.3% from a year ago. Indianapolis, IN ($1,297), and Kansas City, MO-KS ($1,340) also saw 3.5% and 3.1% increases, respectively.

Meanwhile, the South has seen a lot of new construction coming to market, helping the supply side. The median asking rent fell by 1.5% from a year ago and a handful of southern metros experienced impressive median declines. Austin, Memphis, St. Louis, Atlanta and Florida had the biggest drops among all 50 metros analyzed.   

Rents continue to rise in big Western and Northeastern metros such as Los Angeles and San Diego (up 1.6% and 2.9%, respectively), including New York (up 3.8%) and Boston (up 3.3%). In these dense areas, labor markets are strong, and it is very difficult to increase supply, causing competition among renters and rents to escalate.

Here are the top 10 metros in the U.S. where rent prices have dropped the most year-over-year in March.  

10. Tampa-St. Petersburg-Clearwater, Florida

• Year-to-Year Rent Decline March 2024: -2.5%
• Median Rent (0-2 Bedrooms): $1,732

9. Cleveland-Elyria, Ohio

• Median Rent (0-2 Bedrooms): $1,247

8. Orlando-Kissimmee-Sanford, Florida

• Year-to-Year Rent Decline March 2024: -2.8%
• Median Rent (0-2 Bedrooms): $1,683

7. Nashville-Davidson-Murfreesboro-Franklin, Tennessee

• Year-to-Year Rent Decline March 2024: -2.9%
• Median Rent (0-2 Bedrooms): $1,614

6. Pheonix-Mesa-Scottsdale, Arizona

• Year-to-Year Rent Decline March 2024: -3.2%
• Median Rent (0-2 Bedrooms): $1,554

5. Miami-Fort Lauderdale-West Palm Beach, Florida

• Year-to-Year Rent Decline March 2024: -3.6%
• Median Rent (0-2 Bedrooms): $2,378

4. Atlanta-Sandy Springs-Alpharetta, Georgia

• Year-to-Year Rent Decline March 2024: -3.7%
• Median Rent (0-2 Bedrooms): $1,626

3. St. Louis, Missouri-Illinois

• Year-to-Year Rent Decline March 2024: -4.0%
• Median Rent (0-2 Bedrooms): $1,306

2. Memphis, Tennessee-Mississippi-Arkansas

• Year-to-Year Rent Decline March 2024: -4.4%
• Median Rent (0-2 Bedrooms): $1,258

1. Austin-Round Rock, Texas

• Year-to-Year Rent Decline March 2024: -4.7%
• Median Rent (0-2 Bedrooms): $1,531

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How much annual income do you need to afford a rental? Much more than before, report says

The rate at which rental prices have increased across the nation has began to slow, but the annual income renters need to make to comfortably afford their rental has seen a significant increase.

In April, rent prices grew by 0.6% month over month, or 3.6% from last year, slower than the 0.7% month-over-month average seen this time of year prior to the pandemic, according to Zillow's April 2024 Rental Market Report . This has resulted in a typical rent price of $1,997 nationwide.

It is recommended that renters spend no more than 30% of their annual income on rent. So, at that rental price, a renter needs to make $79,889 annually to comfortably afford the cost — a 3.7% increase from the $58,692 annual salary needed to afford the typical national rent five years ago, according to the report.

Currently, the median United States household would spend 29.2% of their income on a new rental in April, according to the report. While this is still lower than the recommended 30%, it is an increase from 29.1% in March and from 27.6% before the pandemic.

In the New York metropolitan area — which the report said is one of the least affordable metropolitan areas for renters — households spend about 39.8% of their annual income on rent, a 4.2% increase from 2023. At that rate, renters here must make an annual income of $131,411 to afford the median monthly rent of about $3,285.

And, in New Jersey , the median monthly rent is $2,500, meaning renters need to make about $100,000 annually to afford it. This is a 4.38% increase from this time last year, when renters needed to make $95,800 annually to afford the median monthly rent of $2,395.

Here's a look at the annual income needed to comfortably afford the median rent in the country's 50 largest metropolitan areas:

• San Jose, Calif. - $132,819
• New York City - $131, 411
• Boston - $123,269
• San Francisco - $121,595
• San Diego - $119,559
• Los Angeles - $116,795
• Miami - $111,633
• Riverside, Calif. - $101,031
• Washington, D.C, - $93,570
• Sacramento, Calif. - $91,334
• Seattle - $88,422
• Tampa, Fla. - $83,889
• Chicago - $82,889
• Orlando, Fla. - $81,947
• Providence - $81,896
• Denver - $81,848
• Atlanta - $77,133
• Nashville, Tenn. - $76,343
• Phoenix - $75,478
• Philadelphia - $74,292
• Portland, Ore. - $73,191
• Baltimore - $72,436
• Hartford, Conn. - $72,196
• Las Vegas - $71,653
• Charlotte, N.C. - $71,428
• Austin, Tex. - $71,282
• Dallas - $70,848
• Raleigh, N.C. - $70,835
• Jacksonville, Fla. - $69,746
• Virginia Beach, Va. - $68,262
• Salt Lake City - $68,262
• Houston - $67,700
• Minneapolis, Minn. - $66,956
• New Orleans - $66,572
• Richmond, Va. - $65,845
• Indianapolis - $62,692
• Columbus, Ohio - $60,337
• Cincinnati - $59,997
• San Antonio, Tex. - $59,088
• Memphis, Tenn. - $57,921
• Kansas City, Mo. - $57,811
• Detroit - $57,447
• Pittsburgh - $56,764
• Birmingham, Ala. - $56,664
• Louisville, Ky. - $56,104
• St. Louis, Mo. - $55,682
• Cleveland - $55,629
• Milwaukee, Wis. - $54,567
• Oklahoma City - $53,713
• Buffalo, N.Y. - $53,664

Maddie McGay is the real estate reporter for  NorthJersey.com  and The Record, covering all things worth celebrating about living in North Jersey. Find her on  Instagram @maddiemcgay ,  on  X @maddiemcgayy , and sign up for her  North Jersey Living  newsletter.   Do you have a tip, trend or terrific house she should know about? Email her at  MMcGay@gannett .

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LIVE RADAR: Large cluster of storms move into Central Florida

A special weather statement in effect for 4 regions in the area, rent for mobile home lots in florida keeps increasing. will new law help, new legislation in florida allows tenants to go to mediation.

Louis Bolden , Investigative Reporter

ORMOND BEACH, Fla. – What was once a more affordable way of living is now in jeopardy.

Some mobile homeowners in Central Florida told News 6 that the amount they pay to rent their lots is increasing so much that it’s pricing them out of their homes and preventing them from selling them, too.

Since the pandemic, it seems the price of everything has increased, including what it costs to live in a mobile home in Florida.

The state legislature recently passed a measure that is supposed to give mobile homeowners more rights, but is it enough?

Debbie Powell says she has been trying to sell her home in The Falls at Ormond Beach Mobile Home Park for over two years, but there have been no takers.

She says the $1,100 per month in lot rent is the problem, along with the increases that are still coming.

“The person who goes to buy my house will be paying a minimum of $1,300,” Powell said. “So as soon as you talk about that with the potential buyer, they don’t want to talk to you anymore.”

Dawn Augsbury says her lot rent has increased $500 in three years and is now nearly $1,500 a month.

“I would be homeless if it wasn’t for my best friend,” Augsbury said. “My friend of 30 years, she pays my rent, she pays for my food, if I can’t.”

About 400,000 Floridians live in mobile homes across the state and there are about 3,500 mobile home parks.

In some, you own the house and the land but in others, you lease the land.

Lawmakers say the increases are happening statewide.

State Rep. Paula Stark has heard the stories from her constituents and helped draft House Bill 613 - mobile home lot tenancies.

“The lot rent increases jumping so high all of a sudden — they just cannot keep up with the rents,” Stark said.

She admits that the law, signed by Florida Gov. Ron DeSantis last week, does not do enough.

It allows mobile home park owners and homeowners in a dispute related to lot rental increases, to select a mediator and initiate mediation proceedings.

Under the law, a civil action cannot be initiated unless the dispute has been submitted to mediation.

Stark says it does not cap lot rent increases, but it’s a start.

“These people have had no voice, had no way to fight back a little bit if they thought the rate increases were extraordinary. So, this gives them that opportunity to mediate that,” Stark said.

At Colony Park Mobile Home Village in Osceola County, Valerie Hills says it’s happening to her, too. She hopes the legislation will help.

“It’s definitely making it harder to live because it’s taking almost everything we have to pay that lot rent.” Hills said.

The law takes effect July 1.

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About the Author

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Emmy Award-winning reporter Louis Bolden joined the News 6 team in September of 2001 and hasn't gotten a moment's rest since. Louis has been a General Assignment Reporter for News 6 and Weekend Morning Anchor. He joined the Special Projects/Investigative Unit in 2014.

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Toronto is catching up with Vancouver as Canada's most expensive place to rent

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The cost of living isn't showing any indication of easing up for owners or renters in Toronto, it seems, as high interest rates and prices continue to hamper affordability in the real estate market and rents are now back on the rise, too.

According to the latest national rent report from apartment listing site Zumper, the median cost of a unit in the city has jumped for the first time in six months, with a one-bedroom unit now sitting at $2,500 and a two-bedroom now $3,200.

This marks increases of two per cent and 0.9 per cent, respectively, from March to April, and 4.2 per cent and 3.6 per cent from the same time last year.

Chart showing how median rents have changed across Canada from Zumper.

The experts point out in their analysis that rates in Vancouver and Burnaby, the other two of the country's top three priciest cities for tenants, likewise increased for the first time in many months — and that Toronto is now outpacing the latter B.C. locale, with which it has been neck-and-neck for the title of second most-expensive.

"Overall, 13 cities saw rent rise, three stayed flat, and seven fell on a monthly basis," the firm writes, adding that "it seems rent prices across many Canadian cities are beginning to pick up again as we head into the warmer months and renters begin to move, creating more demand and competition."

Toronto is now catching up to Vancouver and surpassing Burnaby as far as rent prices. Infographic courtesy of Zumper.

But, despite these recent upticks, Zumper's report predicts that the rental market nationwide should be cooler than last year's, especially with rate cuts for would-be buyers on the way, and the efforts from all levels of government to urgently introduce as much more housing to the market as possible.

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