What Happens to My Mortgage If I Rent My House?
Renting your mortgaged home? Understand the essential financial, legal, and contractual implications to navigate this transition.
Renting your mortgaged home? Understand the essential financial, legal, and contractual implications to navigate this transition.
When a homeowner considers renting out a property currently serving as their primary residence, the decision involves more than just finding suitable tenants. This transition introduces financial and contractual considerations that impact liabilities and obligations. Understanding these implications is important for navigating the process effectively and avoiding complications. The shift from owner-occupied to rental status affects various aspects of homeownership, from loan agreements to tax responsibilities.
Converting a primary residence into a rental property directly impacts the existing mortgage agreement due to occupancy clauses. Most owner-occupied mortgages require the borrower to reside in the property for a specified period, typically the first 12 months after closing. These clauses exist because primary residence loans often come with more favorable terms, such as lower interest rates, assuming reduced risk for the lender.
A lender may consider the loan in default if they discover the property is no longer owner-occupied and the occupancy clause has been violated. While rare, a lender has the contractual right to demand full repayment under a “due-on-sale” clause, which can include a change in occupancy. More commonly, the lender might reclassify the loan as an investment property loan, leading to an adjustment in the interest rate or other less favorable terms.
Such reclassification can increase monthly mortgage payments or impose penalties. Homeowners should review their original mortgage documents carefully to understand the specific occupancy terms. This helps assess the risks of renting out their home without informing their lender or seeking appropriate loan modifications.
Standard homeowner’s insurance policies are designed for owner-occupied properties and do not provide adequate protection once a property becomes a rental. These policies typically exclude damages or liabilities from tenant-related incidents. Continuing with a homeowner’s policy after renting out your property could lead to significant financial exposure.
Homeowners must transition to a landlord insurance policy, also known as rental property insurance or dwelling fire insurance. This specialized coverage is designed for non-owner-occupied properties and addresses the unique risks of renting. Landlord insurance generally covers property damage to the structure, liability for injuries on the premises, and often includes coverage for loss of rental income if the property becomes uninhabitable due to a covered event.
It is also advisable to require tenants to obtain their own renter’s insurance policy. Renter’s insurance protects the tenant’s personal belongings and provides liability coverage for incidents they might cause. While landlord insurance protects the property owner, it does not cover the tenant’s possessions or their personal liability. Homeowners should consult with their current insurance provider or seek quotes from new providers to ensure appropriate coverage before tenants move in.
Converting a primary residence to a rental property introduces several tax considerations, as rental income is subject to taxation. All rental income received must be reported on Schedule E (Supplemental Income and Loss) of IRS Form 1040. This includes rent payments, advance rent, or security deposits applied to rent.
Homeowners can deduct various expenses associated with the rental property, which helps reduce taxable rental income. Common deductible expenses include mortgage interest, property taxes, insurance premiums, and operating expenses like repairs, maintenance, and utilities if paid by the landlord. Other deductions can include advertising costs, property management fees, and professional services such as legal or accounting fees.
Depreciation is another significant deduction for rental properties, allowing homeowners to recover the cost of the property over its useful life, typically 27.5 years for residential rental property. This deduction applies to the structure itself, not the land, and can significantly reduce taxable income. However, depreciation reduces the property’s basis, which can impact capital gains calculations upon sale.
Selling a property that was once a primary residence but later converted to a rental can affect the capital gains exclusion. The IRS allows a homeowner to exclude a certain amount of capital gains from the sale of a primary residence if they lived in it for at least two of the last five years leading up to the sale. If the property was used as a rental, the exclusion may be prorated based on the period of rental versus personal use, and any depreciation taken must be recaptured as ordinary income. Maintaining meticulous records of all rental income and expenses is important for accurate tax reporting. Consulting with a tax professional is advisable to ensure compliance and maximize allowable deductions.
Deciding whether to inform a mortgage lender about the intention to rent out a primary residence is a common dilemma. While not always legally required before renting, unless explicitly stated in the mortgage agreement, proactive communication can help avoid potential issues. Disclosing the change in occupancy can prevent a perceived violation of the occupancy clause, which could otherwise lead to complications.
If existing mortgage terms are problematic for a rental conversion, such as a strict occupancy clause or an unfavorable interest rate for investment properties, refinancing might be an option. Homeowners can explore refinancing into an investment property loan, specifically designed for non-owner-occupied homes. These loans come with different interest rates and terms compared to primary residence mortgages, often reflecting a higher perceived risk for the lender.
Consequences of not disclosing the change in occupancy, especially if the mortgage agreement requires it, can range from a demand for accelerated loan repayment to an interest rate adjustment. While lenders rarely initiate foreclosure solely for a change in occupancy, failing to comply with loan terms can negatively impact a homeowner’s financial standing and credit score. Open communication with the lender or exploring refinancing options can help homeowners navigate this transition while maintaining compliance with mortgage obligations.