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Vehicle Leasing Agreement

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Your Vehicle Leasing Agreement

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Initials: ___________ Page of

VEHICLE LEASING AGREEMENT

THIS VEHICLE LEASING AGREEMENT (this "Lease") dated this 2nd day of October, 2023

BETWEEN:


________________________ of _____________________________________
(the "Lessee")

OF THE FIRST PART

- AND -


________________________ of _____________________________________
(the "Lessor")

OF THE SECOND PART

IN CONSIDERATION of the mutual covenants and promises in this Lease and other valuable consideration, the sufficiency of which consideration the Parties hereby acknowledge, the Lessor leases the Vehicle described in this Lease to the Lessee, and the Lessee leases the Vehicle from the Lessor on the following terms:

  1. Vehicle Details
  2. The Lessor desires to lease the vehicle described below (the "Vehicle") to the Lessee, and the Lessee desires to lease the Vehicle from the Lessor for business use.
    • New/Used: Used
    • Year: _________
    • Make: ____________________
    • Model: ____________________
    • Body Type: SUV
    • Colour: __________________
    • VIN: _________________________________
  3. The Lessor owns the Vehicle that is the subject of this Lease.
  4. Lease Cost Disclosure
  5. The full retail value of the Vehicle as of this date is $1.
  6. The residual value (the "Residual Value") of the Vehicle is $_________________.
  7. The amount to be amortised over the term of the Lease is $1.00.
  8. The Lease interest rate is 0% per annum.
  9. The term of the Lease is none month (the "Term").
  10. This Lease includes unlimited kilometres. The Lessee will not be required to pay any fees for kilometres used.
  11. The Lessee will provide a down payment of $_________________, which will be subtracted from the amount to be amortised over the Term.
  12. The total amount payable by the Lessee upon signing this Lease is $1.00. At the conclusion of the Lease, if all payments are made, this will be the total cost of the Lease, excluding any cost for repairing excess wear and tear to the Vehicle.
  13. The monthly payment under this Lease is $1.00 (the "Monthly Payment"). Any GST would be allocated over the Term of the Lease and added to that monthly payment. The first payment will be due upon signing and the following payments will continue each month on the same day of the month as the Lease is signed. If a monthly payment is due on the 29th, 30th, or 31st, then it is due on the last day of the month in a month that does not have a 29th, 30th, or 31st.
  14. Monthly Payments may be made by electronic funds transfer, cheque, post-dated cheque, money order, bank draft or pre-authorised payment.
  15. Except as expressly provided in this Lease, no warranties, either express or implied, statutory or otherwise, as to any matter whatsoever, have been given by the Lessor.
  16. Lessee Obligations
  17. The Lessee will assume all risk of loss and damage to the Vehicle. The Lessee is responsible for insuring the Vehicle based on its full value, with the following coverage:
    1. bodily injury and property damage coverage in the minimum amount of $1,000,000.00;
    2. comprehensive fire and theft insurance with a maximum deductible of $250.00; and
    3. collision insurance with a maximum deductible of $250.00.

    The Lessee will ensure that the Lessor is named as registered owner, and as "additional insured" and loss payee in the insurance policy (the "Insurance Policy").

  18. The Lessee agrees to co-operate with the Lessor and the insurance company in pursuing or defending any claim or action resulting from the use of the Vehicle. Any award or money the Lessee receives as a result of a claim or action is to be assigned to the Lessor. If the Lessee fails to maintain insurance or if a claim is denied by the Lessee's insurance company for any reason, the Lessee remains responsible to pay the total cost of the Lease.
  19. The Lessee agrees to indemnify the Lessor from any loss, and in order to prevent such loss, the Lessee will do the following:
    1. keep the Vehicle free of encumbrances, such as fines and liens;
    2. indemnify the Lessor from all claims and expenses resulting from the maintenance and use of the Vehicle; and
    3. pay all amounts owed under this Lease without deducting any amounts the Lessee claims to be owed by the Lessor.
  20. The Lessee is prohibited from using, transferring, or altering the Vehicle, as follows:
    1. the Vehicle is not to be used by drivers without an appropriate licence or those restricted under the Insurance Policy;
    2. the Vehicle is not to be used illegally, in a manner contrary to the Insurance Policy, or as a vehicle for hire or public transport;
    3. the Lessee will not transfer or assign this Lease, or ownership of the Vehicle, to a third party, except with the Lessor's prior written consent. The Lessee will also ensure that the Vehicle is not seised, confiscated, or involuntarily transferred, even if the Vehicle is the subject of judicial or administrative proceedings;
    4. the Lessee will not remove the Vehicle from the territory in which this Lease is signed without the Lessor's prior written consent, with the exception of trips within continental Australia of less than 60 days; and
    5. the Lessee will not install accessories in the Vehicle, or alter the Vehicle in any way, without the Lessor's prior written consent.
  21. During the Term of the Lease, the Lessee will be responsible for paying all fees required for registration, licensing, testing, and any inspection of the Vehicle requested by a government or other authority. The initial cost of registration must be paid prior to removing the Vehicle from the Lessor's possession.
  22. Inspections
  23. The Lessee acknowledges that the Vehicle has been inspected and the Lessee accepts the Vehicle as being in a good state of repair, not including manufacturer's defects which would not have been visible upon inspection.
  24. The Lessor has the right to inspect the Vehicle, without prior notice, at all reasonable times during the Term of this Lease.
  25. Event Of Default
  26. The Lessee will be in default under this Lease if:
    1. the Lessee fails to make a Monthly Payment on the due date;
    2. a bankruptcy, receivership, or insolvency proceeding is initiated by the Lessee or against the Lessee;
    3. a creditor or a government authority seises the Vehicle;
    4. the Lessee has misrepresented personal or financial information;
    5. the Lessee is no longer living;
    6. the Vehicle is stolen or damaged beyond repair;
    7. the Vehicle is not returned at the end of the Term; or
    8. the Lessee breaches any other term of this Lease.
  27. In the event that the Lessee defaults under this Lease, the Lessee will be required to immediately pay all amounts owing applicable to the Vehicle for the remainder of the Term.
  28. If the Lessee defaults under this Lease, the Lessor will pursue the remedies outlined in this Lease, in addition to any other remedies allowed by law. If the Lessee defaults, the Lessor may terminate this Lease, and may recover the Vehicle and sue the Lessee for damages.
  29. Excessive Wear and Tear
  30. The Lessee is responsible for ensuring that the Vehicle is regularly maintained and is kept in good repair. Regular maintenance and repair includes, but is not limited to, the excessive wear and tear provisions below. The Lessee is to pay the costs of regular maintenance and any costs for repairs not covered by warranty.
  31. Excessive wear and tear will include, but is not limited to, the following, even if covered by the Lessee's Insurance Policy:
    1. cracked, damaged, or tinted glass;
    2. dented or damaged body panels, wings, lights, or paint;
    3. missing equipment or accessories that were provided with the Vehicle, including but not limited to wheel covers, jack, wheel wrench, and spare tyre or regular tyres;
    4. tyres with less than 3mm of tread remaining at the lowest point;
    5. damage to the interior of the Vehicle, including but not limited to dash, seats, floor covering, upholstery, truck liner, and center console (if applicable); or
    6. mechanical damage that affects the safe, proper, or lawful operation of the Vehicle, which would include damage that causes the Vehicle to fail a safety inspection in the territory where this Lease is signed.
  32. If the Vehicle has excess wear and tear, there will be a charge to the Lessee for the excess wear and tear.
  33. During the Term, damaged or lost parts, equipment, or accessories may be replaced with items of equal or better quality and construction, and replacement items that meet this standard will be accepted as original items, upon return of the Vehicle.
  34. Returning the Vehicle
  35. When the Lessee returns the Vehicle at the end of the Lease, the Lessee must pay the following amount:
    1. the cost of repairs needed as a result of excess wear and tear.
  36. The Lessee may return the Vehicle at any time during the Lease, by paying the following amounts:
    1. the Monthly Payment multiplied by the number of months remaining in the Term;
    2. the cost of repairs needed as a result of excess wear and tear; and
    3. any outstanding amounts under this Lease.
  37. After the Lessee has returned the Vehicle and paid any required costs and fees, the Lessor will return the following amounts, or the remaining portions of these amounts, to the Lessee:
    1. any money received from an insurance claim or action that is not used to repair or replace the Vehicle.
  38. Realised Value
  39. In this Lease, Realised Value is understood to mean any of:
    1. the price received by the Lessor for the Vehicle at disposition;
    2. the highest offer for disposition of the Vehicle; or
    3. the fair market value of the Vehicle at the end of the Term.
  40. The Lessee will not be held liable for the difference between the Residual Value of the vehicle and its Realised Value.
  41. General Provisions
  42. This Lease may not be assigned to a third party without the Lessor's prior written consent and approval.
  43. This Lease will pass to the benefit of and be binding upon the Lessee's respective heirs, executors, administrators, successors and assigns.
  44. This Lease may only be amended or modified by a written instrument executed by both parties to this Lease.
  45. All costs, expenses and expenditures including, and without limitation, the complete legal costs incurred by enforcing this Lease as a result of any default by the Lessee, will be added to the amount then outstanding and will immediately be paid by the Lessee.
  46. The clauses and paragraphs contained in this Lease are intended to be read and construed independently of each other. If any part of this Lease is held to be invalid, this invalidity will not affect the operation of any other part of this Lease.
  47. If there is a conflict between any provision of this Lease and any form of lease prescribed by applicable legislation of the Australian Capital Territory (the "Act"), that prescribed form from the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with that prescribed form. Further, any provisions that are required by the Act are incorporated into this Lease.
  48. Headings are inserted for the convenience of the parties to this Lease only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  49. This Lease constitutes the entire agreement between the parties to this Lease and there are no further items or provisions, either oral or otherwise.
  50. The Lessee is entitled to a complete copy of this Lease. This Lease should not be signed until all terms have been set out and the Lessee has read it entirely.
  51. This Lease will be governed by the laws of the Australian Capital Territory.

IN WITNESS WHEREOF the Parties have executed this Lease dated this 2nd day of October, 2023.

 

_______________________________
______________________(Lessor)

 

_______________________________
______________________(Lessee)


NOTICE TO THE LESSEE:

(1)  This is a lease. You are not buying the motor vehicle previously described;

(2)  Do not sign this Lease before you read it or if it contains any blank spaces to be filled in;

(3)  You are entitled to a completely filled in copy of this Lease when you sign it;

(4)  Warning -- unless a charge is included in this Lease for public liability or property damage insurance, payment for that coverage is not provided by this Lease.

I do hereby acknowledge receipt of a completed and signed copy of this Lease. ________

Lessee Initials

I do hereby acknowledge receipt of a completed and signed copy of this Lease. ________

Lessor Initials


Itemisation of Gross Capitalised Cost

(A) Value of the vehicle as equipped at the time of entering into the Lease ...

 

$1

(B) Values and descriptions of accessories and optional equipment the Lessor agrees to add to the vehicle after entering into the Lease ....................

 


none

(C) Premium to be paid for each policy of insurance .....................................

 

none

(D) Charge for each service contract ..............................................................

 

none

(E) Outstanding Lease balance or prior credit balance  .................................

 

none

(F) Itemisation of any other good or service not included above ..................

 

none

     
   
 

(G) Total Gross Capitalised Cost .................................................................

 

$1.00



Monthly Payment Calculation

Gross capitalised cost. The agreed upon value of the vehicle ($1) and any items the Lessee pays over the Term (such as service contracts, insurance, any outstanding prior credit or Lease balance) ...........................

 

$1.00

Capitalised cost reduction. The amount of the trade in allowance and down payment made by the Lessee to reduce the gross capitalised cost ......

-

$__________

Adjusted capitalised cost. The amount used in calculating the periodic payments ........................................................................................................

=

$1.00

Residual Value.  The value of the vehicle at the end of the Lease used in calculating the base monthly payments ........................................................

-

$__________

Depreciation and any amortised amounts.  The amount charged for the vehicle's decline in value through normal use and other items paid over the Term ..............................................................................................................

=

$1.00

Interest charge.  The interest charged in addition to the depreciation and any amortised amounts ..................................................................................

+

$__________

Total of base monthly payments.  The depreciation and any amortised amounts plus the interest charge ..................................................................

=

$1.00

Lease payments.  The number of payments in your Lease ..........................

 

/

Base monthly payment...............................................................................

=

$1.00

Monthly GST..........................................................................................

 

_____

Total Monthly Payment...............................................................................

=

$1.00

Vehicle Leasing Agreement Information

A Vehicle Leasing Agreement is also known as a:

  • Vehicle hire contract
  • Vehicle hire agreement
  • Car lease agreement
  • Car hire contract agreement

What is a Vehicle Leasing Agreement?

A Vehicle Leasing Agreement is a contract made between a vehicle owner and an individual or company who leases or hires the vehicle for a predetermined amount of time.

Individuals and companies may use a Vehicle Leasing Agreement to lease new and previously-owned cars, trucks, and motorcycles. However, you can use the agreement with any motor vehicle that has a Vehicle Identification Number (VIN), which may include motorized scooters and recreational vehicles.

Who are the parties in a Vehicle Leasing Agreement?

The vehicle owner is known as the lessor and the person leasing the vehicle is known as the lessee. If two people co-own a vehicle, you can include multiple lessors within your Vehicle Leasing Agreement. If multiple people lease a vehicle together, such as spouses, you can include multiple lessees.

How do I write a lease agreement for a vehicle?

Prepare a Vehicle Leasing Agreement by compiling the necessary information:

  • Lessor and lessee details: specify whether a party is an individual or organisation, and provide names and addresses
  • Vehicle details: specify if the vehicle is new or used, the purpose of the vehicle, and the make, model, year, colour, and VIN
  • Lease details: outline the lease length and the allowable limit of kilometres per year
  • Cost details: determine the amount the lessee will pay by providing the retail value, residual value, security deposit amount, down payment amount, interest rate, and GST rate
  • Payment details: specify the first payment’s due date, and if the lessor allows pre-authorised payments or charges late fees
  • Termination details: explain the rules for early termination of the lease
  • Warranty details: clarify the validity of the manufacturer’s warranty and if the lessor will provide supplementary coverage
  • Insurance details: outline the minimum insurance coverage the lessee must obtain and the maximum deductibles for fire, theft, and collision
  • Additional details and clauses: if needed, include a term giving the lessee an option to purchase

LawDepot’s template asks you a few simple questions, allowing you to customise and create your document according to your jurisdiction.

Should I use a Vehicle Leasing Agreement between an individual and a company?

Yes, a Vehicle Leasing Agreement is a necessary document when an individual leases a vehicle from a company. Generally, a dealership that leases vehicles will have its own documentation that protects the company and its lessees. However, if you’re negotiating a vehicle lease with a company that doesn’t ask you to sign a contract, you can suggest using LawDepot’s Vehicle Leasing Agreement template as a way to protect all parties involved.

When leasing a vehicle, what am I responsible for?

You are responsible for obtaining the necessary insurance coverage and maintaining the vehicle. If you return the leased vehicle with excessive interior wear, dents or scratches, or any significant mechanical damage, the lessor may choose to charge you for the repairs.

Some lessors may limit the number of kilometres the lessee can use. In this case, you’re responsible for keeping track of your mileage. If you exceed this limit, the lessor may charge a mileage fee at the end of the lease. Alternatively, a lessor may offer a vehicle lease with unlimited mileage.

Why should I use a Vehicle Leasing Agreement?

Use a Vehicle Leasing Agreement to protect the interests of both the lessor and the lessee. Documenting the lease terms helps prevent misunderstandings between the two parties and provides proof in the event of a legal dispute.

If you are negotiating lease terms with another individual, you likely won’t have access to a typical dealership lease form. Instead, use a Vehicle Leasing Agreement. For example, you could use this document when loaning your van or truck to a friend or family member for an extended period of time.

What is a Vehicle Leasing Agreement with the option to purchase?

Including an option to purchase in a Vehicle Leasing Agreement gives the lessee the choice to purchase the vehicle at any time during the lease or at the end of the lease. Generally, the purchase price is the residual value of the vehicle, unless the lessee negotiates a lower price. The residual value is the estimated value of the vehicle at the end of the lease term.

Can I end my Vehicle Leasing Agreement early?

Your ability to end your lease early depends on the contract and the other party’s willingness to accommodate your request. If the other party consents to early termination of the agreement without penalty, you’ll be able to end your lease without any problems.

However, the lessee must pay if a Vehicle Leasing Agreement states that the lessee is responsible for the difference between the residual value and the realised value when terminating early. The realised value is the actual sale price that the lessor can sell the leased vehicle for after a lessee terminates the lease early.

What happens at the end of a vehicle lease?

At the end of the vehicle lease term, the lessee returns the vehicle to the lessor. If the lessee paid a security deposit at the beginning of the lease, the lessor will inspect the vehicle and determine if the lessee will receive their deposit back. Besides properly maintaining your leased vehicle, you can better ensure the return of your security deposit by removing all your personal items from the vehicle, vacuuming out the interior, and washing the exterior.

Related Documents:

  • Bill of Sale: a standard receipt that documents the sale of an item to a purchaser
  • Sales Agreement: a contract that describes the terms and conditions between a seller and buyer
  • Loan Agreement: a contract that describes the terms and conditions between a lender and a borrower
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