ContractsCounsel Logo
Home Types of Contracts Equipment Lease

Jump to Section

ContractsCounsel has assisted 38 clients with equipment leases and maintains a network of 36 business lawyers available daily. Customers rate lawyers for equipment lease matters 4.86.

An equipment lease is a contract where the lessor permits the lessee to use equipment for a set period in exchange for regular payments. An equipment lease has evolved as a prevalent option for companies looking to acquire necessary assets without committing to an outright purchase. Whether you are a startup venture or a large organization, equipment lease agreements offer numerous benefits that can help your company thrive.

What is an Equipment Lease?

An equipment lease is a type of contractual agreement. In this agreement, the lessor is the owner of a piece of equipment. That lessor allows a lessee to use their equipment for a specified period of time in exchange for making periodic payment.

After both parties agree to the terms of a lease, the lessee has the right to use the equipment and make payments in return. The lessor still retains ownership of the equipment. The lessor can cancel the equipment lease should the lessee break the agreement's terms or participate in illegal activity using the lessor's equipment.

You may secure various types of equipment with an equipment lease, spanning from high-technology devices to transportation equipment, including:

  • Computers and printers
  • Diagnostic tools
  • Factory machines
  • Furniture
  • Heavy equipment
  • Restaurant equipment
  • Specialized equipment
  • Telecommunication gadgets
  • Vehicles

Steps Involved in an Equipment Lease

Equipment leasing is a prevalent economic arrangement that allows companies to acquire essential equipment without settling the upfront costs associated with purchasing. It presents higher flexibility, price effectiveness, and access to cutting-edge technology. Nevertheless, navigating the equipment leasing process can be complicated and requires professional assistance. Below are the steps involved in the equipment leasing process:

  1. Identify Equipment Requirements. The primary step in equipment leasing is to specify the detailed equipment provisions of your company. Consider aspects such as the type of equipment, the term of use, and your budget.
  2. Select a Lessor. Picking the right lessor is necessary. Assess possible lessors based on their prominence, lease duration, interest rates, and client assistance.
  3. Negotiate Lease Provisions. Once you've selected a lessor, negotiate lease provisions that align with your organizational objectives. Pay attention to aspects like lease terms, payment structure, and end-of-lease options.
  4. Review and Execute the Lease Agreement. Carefully examine it to ensure it accurately reflects the mediated provisions. Also, seeking legal guidance, if necessary, before signing is advisable to ensure legal compliance.
Meet some lawyers on our platform

Forest H.

265 projects on CC
CC verified
View Profile

Faryal A.

225 projects on CC
CC verified
View Profile

Jorge R.

1 project on CC
CC verified
View Profile

Tabetha H.

40 projects on CC
CC verified
View Profile

Key Components of an Equipment Lease

Equipment lease agreements include certain terms that create the basis of a contract. Important terms in an equipment lease usually include:

  • Duration of the Lease: Lease duration usually depends both on the business's needs as well as the equipment's cost. A small company that often has changing needs may opt for a short duration, while leasing expensive capital equipment usually makes a longer duration cheaper and more convenient long term.
  • Equipment Market Value: Equipment leased can be very expensive. Before signing a contract, the lessee should understand the equipment's market value so they can assess insurance costs needed to protect against damaged or lost equipment.
  • Financial Terms: The equipment lease should include terms that detail payment timelines, such as when periodic payments are due and last due dates for late payments.
  • Renewal Options: Renewal options for the lessee provide guidelines about how to renew a contract once the lease period expires. A lessee might ask for the option to acquire the equipment or make reduced periodic payments.
  • Payments due to Lessor: A business must consider its project cash flow to determine if it can meet the requirements of the agreement, including principal payments and periodic interests. Here is some further reading about principal payments.
  • Provisions for Cancellation: Any equipment lease should have guidelines for cancellation. Businesses sometimes decide to cancel an agreement during the period before it expires, either because the equipment is outdated or defective or because they found an alternative. For example, technology-based equipment may become obsolete, and a company might want to find an alternative. Leasing companies may charge a punitive penalty if penalty rates are not disclosed ahead of time.
  • Tax Responsibility: A lessee may need to pay taxes on the equipment, depending on the type of lease signed.

Why Use an Equipment Lease?

Countless leasing companies exist just to lease equipment to other companies in return for set payments. Many companies do not have the budget to acquire large and expensive machines. Costs for some equipment can run into the millions, so companies decide to lease needed but expensive equipment for a specific period of time instead.

Benefits to obtaining equipment via an equipment lease include:

  • Easier Upgrades: If you determine you need to move to more advanced equipment so you can handle a higher work volume, you can do that without needing to sell existing equipment and shop for replacement equipment.
  • Need to Update Equipment: Likewise, if you plan to use equipment that requires continuous updating, an equipment lease offers a good option that won't get you stuck with equipment that becomes obsolete.
  • No Down Payment: You might need a down payment to purchase expensive equipment, but many lessors won't ask for a significant down payment with an equipment lease.
  • Tax Credits: Equipment leases often offer the potential for tax credits. You may be able to deduct payments as a business expense, depending on your lease.

Benefits of an Equipment Lease

Whether you run a startup, a small company, or a large organization, acquiring and maintaining equipment is vital to your business operations. One prevalent solution that has earned widespread recognition for its benefits is equipment leasing. Below are the key benefits of an equipment lease:

  • Preserves of Capital: One of the primary advantages of equipment leasing is that it allows businesses to preserve their capital. Instead of making a substantial upfront investment to purchase the equipment, leasing enables businesses to allocate their resources more effectively for other important needs such as expansion, marketing, or hiring.
  • Provides Flexibility and Upgrading: Technology and equipment evolve rapidly. Leasing allows businesses to upgrade to the latest models or more advanced equipment when the lease expires. It helps companies stay competitive without being burdened by outdated assets.
  • Offers Tax Benefits: Equipment lease payments can be considered operational expenses in many jurisdictions, making them tax-deductible. It can result in substantial savings during tax time, reducing the overall cost of leasing.
  • Transfers Risk: Equipment leasing transfers the risk of obsolescence from the lessee to the lessor. Since the lessor retains ownership, they are responsible for disposing of the equipment when it becomes obsolete, relieving the lessee of this concern.
  • Improves Cash Flow: Fixed lease payments make budgeting more predictable, allowing businesses to manage their cash flow efficiently. Moreover, drafting an equipment lease means no unforeseen service costs or repair expenditures, as the owner often bears these.
  • Impacts Credit Lines: Maintaining a healthy credit score is essential for companies. Funding equipment through leasing does not impact your credit score or borrowing capability with conventional lenders. It can be especially advantageous to anticipate future credit requirements, such as operating capital, growth, or unexpected emergencies.
  • Accesses High-end Tools: Equipment leasing authorizes organizations, especially small and medium-sized enterprises, to access high-end, expensive tools that they may not have been able to buy outright.

Types of Equipment Leases

Equipment leases usually fall into one of two main categories: capital leases and operating leases.

Capital Leases

Capital leases are typically long-term leases that cannot be canceled. The leases are used for equipment that a business wants to use for a longer period of time, sometimes even purchasing the equipment at the conclusion of the period of the lease.

A lessee is responsible for maintaining the equipment under a capital lease. The lessee must also pay for any taxes and insurance associated with the asset they lease. During the lease period, the assets and liabilities of the equipment are recorded in the lessee's balance sheet.

Companies tend to use this type of lease when they want to rent expensive capital equipment because they don't have the funds to purchase that equipment immediately.

Operating Leases

Operating leases are typically short-term leases that can be canceled before the lease period ends. A lessor retains ownership of the asset with this type of lease. The lessor also bears the risk of obsolescence. Here is some further reading about obsolescence risk.

With prior notice, the lessee may cancel an operating equipment lease agreement at any time before the lease expires; however, canceling the lease usually comes with some type of penalty. Businesses may choose to use this kind of equipment lease if they only need the equipment for a short time period, or if they plan to replace the equipment when the lease expires.

Alternate Types of Equipment Leases

Some other types of equipment leases combine features of the two main types listed above in order to meet the specific needs of the parties signing the lease. For instance, a lessor can opt to use a hybrid lease to make use of financial and tax advantages. Another example is a leveraged lease, which allows the lessee to issue equity and debt against their equipment lease payments to finance the cost of the lease.

How Can a Small Business Secure an Equipment Lease?

A small business may not have adequate cash reserves to finance a necessary equipment lease. When that happens, small businesses may pursue a few different options to get financing assistance or lower rental costs.

Common options to secure an equipment lease include:

  • Banks and Firms Affiliated with Banks: Banks may advance credit to a business to help with a lease for expensive equipment. Banks often charge lower fees than companies not predominantly involved in financing.
  • Brokers/Packagers: This forms just a small percentage of the market for leasing. As with real estate or mortgage brokers, these types of brokers charge a fee to act as an intermediary between the lessee and lessor.
  • Equipment Dealers/Distributors: Dealers and distributors frequently own subsidiary companies that also provide services for leasing equipment. Dealers and distributors can also help arrange financing with an independent leasing company.
  • Leasing Companies: An increasing number of leasing companies have come into existence to meet the growing demand for leased equipment. Different leasing firms have different services, terms, and product quality, so a small business owner should generally approach a few companies to evaluate the terms and equipment lease agreement each one offers. Small business owners may do a background check or speak with past and current customers. There are two main types of leasing companies:
    • Independent Leasing Companies: The size and scope of independent leasing companies vary a lot, so business owners can find various financing options.
    • Captive Leasing Companies: These are subsidiaries of equipment manufacturers or possibly other firms.

Final Thoughts on Equipment Leases

Equipment leasing is a useful financing option that offers organizations access to vital assets while preserving funds and maintaining financial flexibility. Moreover, companies can make informed decisions regarding equipment lease agreements by understanding the advantages and carefully evaluating the terms.

If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.


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.


Need help with an Equipment Lease?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 12,079 reviews

Meet some of our Equipment Lease Lawyers

Eric M. on ContractsCounsel
View Eric
5.0 (3)
Member Since:
July 25, 2020
Scott S. on ContractsCounsel
View Scott
5.0 (49)
Member Since:
October 27, 2021

Scott S.

Attorney
Free Consultation
New York, NY
17 Yrs Experience
Licensed in NY
Benjamin Cardozo School of Law

Scott graduated from Cardozo Law School and also has an English degree from Penn. His practice focuses on business law and contracts, with an emphasis on commercial transactions and negotiations, document drafting and review, employment, business formation, e-commerce, technology, healthcare, privacy, data security and compliance. While he's worked with large, established companies, he particularly enjoys collaborating with startups. Prior to starting his own practice in 2011, Scott worked in-house for over 5 years with businesses large and small. He also handles real estate leases, website and app Terms of Service and privacy policies, and pre- and post-nup agreements.

Justin A. on ContractsCounsel
View Justin
5.0 (10)
Member Since:
July 7, 2021

Justin A.

Partner
Free Consultation
Seattle, WA
7 Yrs Experience
Licensed in NY, WA
The University of Chicago Law School

I am a lawyer who helps small businesses, nonprofits, and startups with a wide variety of agreements, corporate formation, and corporate governance. ​ I earned my BA from Tulane University and my JD from the University of Chicago Law School. Before starting my own practice, I worked at an international law firm in New York City. ​ Outside of work, I am on the board of the nonprofit Seattle REconomy (which runs the NE Seattle and Shoreline tool libraries) and I enjoy gardening, baking bread, and outdoor activities with my spouse and two dogs.

O.T. W. on ContractsCounsel
View O.T.
5.0 (1)
Member Since:
March 8, 2023

O.T. W.

Attorney
Free Consultation
Washington, DC
9 Yrs Experience
Licensed in MD, NY
Texas Southern University - Thurgood Marshall School of Law

Hi, my name is O.T. and I own The Walker Collective, a law firm that caters to the contractual, intellectual property, and business formation needs of creative entrepreneurs and small business owners. I am licensed to practice in Maryland and New York.

Amber M. on ContractsCounsel
View Amber
5.0 (14)
Member Since:
March 8, 2023

Amber M.

Attorney
Free Consultation
Oklahoma
9 Yrs Experience
Licensed in AZ, OK
J. Reuben Clark Law School

Amber Masters has over 9 years of experience as a contracts attorney, helping small businesses with an array of agreements, such as purchase agreements, master service agreements, and employment contracts. She has an extensive background in employment agreements for dentists, doctors, and other health care professionals. She is a highly rated and acclaimed estate planning attorney and personal finance expert, who has been featured on CNBC, NBC, and Yahoo Finance. She successfully launched and sold a fintech startup and can empathize with the issues small and mid-size businesses face. Licensed in Oklahoma and Arizona.

Jason H. on ContractsCounsel
View Jason
4.9 (17)
Member Since:
March 5, 2023

Jason H.

Managing Attorney
Free Consultation
Dallas, Texas
23 Yrs Experience
Licensed in TX, VA
Regent University, School of Law

Jason has been providing legal insight and business expertise since 2001. He is admitted to both the Virginia Bar and the Texas State Bar, and also proud of his membership to the Fellowship of Ministers and Churches. Having served many people, companies and organizations with legal and business needs, his peers and clients know him to be a high-performing and skilled attorney who genuinely cares about his clients. In addition to being a trusted legal advisor, he is a keen business advisor for executive leadership and senior leadership teams on corporate legal and regulatory matters. His personal mission is to take a genuine interest in his clients, and serve as a primary resource to them.

Candace M. on ContractsCounsel
View Candace
Member Since:
February 24, 2023

Candace M.

Attorney
Free Consultation
Prosper, Texas
25 Yrs Experience
Licensed in LA, TX
Loyola University

For over 20 years, as an attorney and real estate broker, Candace has used her passion for business and real estate to help her clients succeed as business owners, entrepreneurs Realtors, and real estate investors. She and her team go above and beyond to simplify and solve those issues which trouble her clients. From the simple to the complex, she is ready to help. Her experience includes, Real Estate law, Contracts, Business Formation, Business Operating AGreements and Entrepreneurial counseling.

Find the best lawyer for your project

Browse Lawyers Now

Contracts

Equipment Lease

Maryland

Asked on Sep 13, 2021

Can an attorney negotiate an equipment lease to own purchase

I enter into a lease to own purchase HVAC equipment agreement; unfortunately, have fallen behind on payments-would like to keep unit! - In need of an attorney

Donya G.

Answered Oct 12, 2021

Hello, I can assist you in negotiating to keep the equipment. I would first need to review the agreement and advise of the terms in which we can achieve that based on your contract. I would then call the leasing company and negotiate a settlement if I can. It would be up to the language in the agreement and the parties to decide whether or not to accept the offer. I have negotiated settlements in the past for my clients and have extensive experience with it. If you would like my assistance, you can contact me through the website. Otherwise, you can post your job on the website for other attorneys to bid and apply to the job. All the best Donya Gordon

Read 1 attorney answer>
See more legal questions…

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with an Equipment Lease?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 12,079 reviews
Business lawyers by top cities
See All Business Lawyers
Equipment Lease lawyers by city
See All Equipment Lease Lawyers

ContractsCounsel User

Recent Project:
Equipment rental with purchase option
Location: Texas
Turnaround: Over a week
Service: Drafting
Doc Type: Equipment Lease
Number of Bids: 10
Bid Range: $495 - $3,000

ContractsCounsel User

Recent Project:
Heavy Duty Equipment Lease/Contract
Location: California
Turnaround: A week
Service: Drafting
Doc Type: Equipment Lease
Number of Bids: 4
Bid Range: $699 - $1,750

Need help with an Equipment Lease?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 12,079 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city