Business owners today need to understand a wide range of legal and financial concepts and terms to conduct their various activities. In some cases, the terms are seemingly the same, and this is the case with lease vs rent. Many people use these words interchangeably, but this is not correct.
The reality is that there are key differences between leasing versus renting that can impact your budget and other elements of running your business. By learning more about lease vs rent, you can make a more informed decision about how you manage and run your business.
What Are the Processes for Leasing Versus Renting?
When looking as lease vs rent, it is important to note that both create a contractual obligation for you to perform under the contract.
- If you are leasing or renting something, you may be required to make monthly payments to another party to use the product, property or other item in question. This means that it can impact your budget for months or even years to come. This is only one way that you may be contractually obligated to perform.
- Because these are financial obligations, both leasing and renting may involve a qualification process. There typically must be proof that the individual signing the lease or contract has the ability to fulfill the obligation from a financial perspective. A credit report, bank statements and other documents may be reviewed during the qualification process.
- However, a lease is generally a long-term contract, and renting is generally a short-term contract.
- Renting often pertains to real estate, and the parties are therefore called a landlord and a tenant. Leasing may involve equipment or other items, and parties are called lessors and lessees.
How Lease Vs Rent Contracts Affect Your Business
Before you make the decision to sign any type of contract on behalf of your business, it is important to learn more about how the contract can affect your business in the short term and long term. For example, if you are leasing out equipment to another party for a long period of time, you may expect a stream of income from this transaction. But you also will not have access to use that product during that period of time.
On the other hand, if you are a lessee or a tenant, you will be required to make payments for the entire length of the contract. The contract therefore represents a debt that you have taken on.
5 Tips to Help You Choose Between Lease vs Rent Contracts
Business owners often must determine whether they want to lease or rent something. The legal nuances between these two terms can be difficult to understand. By following these helpful tips, you can more easily make a better decision between the options to lease vs rent.
1. Seek Legal Assistance and Representation
Regardless of whether you are a tenant, landlord, lessor or lessee, you will be signing a legally-binding document. Some contracts may be binding for a decade or longer. All can impact your budget in different ways. Some may even force you to take on additional expenses, such as related to maintenance and upkeep, insurance, taxes, utilities and more.
It is important that you fully understand your obligations as well as potential exit strategies. You need to also take a look at modification options and more permitted in the contract before you sign the document. Consider consulting with your lawyer before you sign any contracts.
2. Consider Your Budget
After speaking with your lawyer, you should clearly understand your financial obligations under the contract. Even if you are a landlord or lessee who is receiving payments, you may still be required to pay for taxes, insurance, maintenance and more on the property or product.
Your budget should be reviewed to determine if you can support these expenses for the length of the contract.
3. Review Your Long or Short-Term Needs
Some contracts may have a very short term. For example, they may be six months or less in length. Others may be 10 years or longer in length. During this time, tenants and lessees will be able to use the product or real estate according to the terms of the contract that their discretion.
The other parties will not be able to use the property or product at all. But they will retain ownership and have responsibilities they are required to perform under the contract. Analyze your short and long-term needs before signing a contracting.
4. Think about Maintenance and Upkeep
Because a contract is legally-binding, you may be held liable for maintaining the property product according to very specific terms outlined in the contract. The other party may sue you for damages if you fail to follow through on this. You should be well-aware of what your obligations are.
Typically, a lease has variable terms on repairs and maintenance. But renting places this responsibility on the landlord. Nonetheless, the lessor or tenant may still be responsible for damages he or she cause to the property or product during the term of the contract.
5. Determine the Need to Purchase the Item Later
Some people who sign a contract have the intention of ultimately purchasing the real estate or product later. Renting a product or property does not usually result in this option. However, a lease may have an option-to-buy clause that may be enforced after the initial contract terminates.
If you have this intention, ensure that you sign a lease. Also, the lease contract must have this important clause with terms that are in your favor.
While the option to lease vs rent may sound seemingly similar on the surface, you can now see that there are real variations between these two terms. More than that, you may realize that you definitely need to decide between lease vs rent on a product or property, or you may have a preference to rent rather than lease.
Now that you are aware of the differences between these terms, you can more easily make savvy business decisions.