Full question:
I am on the Board of Directors of a condominium in Va. One of our residents entered into a contract for deed with another party (buyer). The buyer now wants to rent the property (with the full knowledge of the seller). Who do we recognize as the landlord? All leases are subject to board approval.
- Category: Contract for Deed
- Date:
- State: Virginia
Answer:
A contract for deed, also known as a land contract, allows a buyer to finance a property purchase without receiving the actual deed until all payments are made. Until the buyer gets the deed, they hold equitable title, meaning they have rights to the property but do not have legal ownership yet. This situation creates ambiguity regarding who is considered the landlord.
The buyer may be viewed as the landlord since they have equitable title. However, typically, the lease will specify who the landlord is, which can clarify this issue. In this case, the buyer could also be seen as a sublessor. To avoid confusion, it may be beneficial for the homeowners association (HOA) to define 'landlord' in their governing documents to address situations involving properties under a contract for deed.
According to Virginia law, 'landlord' refers to the owner or lessor of a dwelling unit or building, and it also includes a managing agent who does not disclose the actual owner's name (Va. Code § 55.1-1200).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.