Last updated February 27, 2024
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What is a Personal Property Rental Agreement?
A Personal Property Rental Agreement is a contract made between the owner of an item and someone renting the item for short or long-term use. The owner is called the lessor and the renter is called the lessee.
People mostly associate rental agreements with real property (i.e., real estate and land). However, all sorts of personal property can be rented. It’s important to note that this agreement is only suitable for personal property—not real property.
To rent real property, use a Residential Tenancy Agreement or Commercial Lease Agreement.
When should I use a Personal Property Rental Agreement?
You should use a Personal Property Rental Agreement when renting out personal property items, such as:
- Vehicles
- Trailers
- Bicycles
- Furniture
- Instruments
- Clothing
- Jewelry
A Personal Property Rental Agreement can be useful for rental arrangements between friends, family members, or acquaintances. In addition, either party can also be a corporation or organisation.
If you’re renting out a piece of equipment, an Equipment Rental Agreement may be better suited to your situation.
Why is it important to use a Personal Property Rental Agreement?
Written contracts are superior to verbal agreements in most situations. It’s no different when renting your personal property to others.
Using a Personal Property Rental Agreement:
- Prevents misunderstandings and miscommunications
- Creates written documentation of the rental terms
- Clarifies the obligations of both parties
- Defines expectations
- Proves both parties agreed to the rental terms
What’s included in a Personal Property Rental Agreement?
Our Personal Property Rental Agreement asks you to include the following details:
There are two parties involved in a Personal Property Rental Agreement:
- The lessor is the owner of the property.
- The lessee is the party who is renting the property.
A complete rental agreement needs to include each party’s name and address. If either party is an organisation, it must be specified.
2. Property details
A Personal Property Rental Agreement needs to include a description of the property being rented. Depending on the property, a description may include things like a brand name, model, colour, serial number, or date of manufacture. A description should also specify whether the property is new or used.
Also, the agreement should specify the property’s cash value. In most cases, the cash value is an estimate of what the property is worth at the time the contract is made. This amount may not be the same as what the owner paid to acquire the property.
3. Lease term and dates
The lease term is the duration of the Personal Property Rental Agreement. With our template, you can choose from the following options for a lease term:
- Fixed term
- Daily with automatic renewal
- Weekly with automatic renewal
- Monthly with automatic renewal
- Yearly with automatic renewal
Automatic renewal means that the lease continues indefinitely for the agreed-upon time period (daily, weekly, monthly, or yearly) until either party wants it to end.
For automatic renewals, parties may have to provide each other with notice to end the agreement. If so, the terms should outline the notice required to terminate the lease.
4. Rental costs
A Personal Property Rental Agreement needs to specify a rental amount and when it will be paid. Our template allows you to choose from the following options:
- Lump sum upfront
- Weekly
- Monthly
- Yearly
Also, a renter may have to pay a security deposit to cover potential repair costs resulting from any damage they cause. If the owner collects a security deposit, the agreement must specify the amount.
5. Delivery details
Delivery refers to the physical possession of the personal property being given to the renter.
A Personal Property Rental Agreement should specify:
- Who will deliver the property
- Who pays for delivery, if there are delivery costs
6. Restrictions on property use
The owner has the option of restricting how the renter uses the property. For example, if you’re renting your car to a friend, you may want to restrict them from using the car as a ride-share vehicle. If you don’t include any restrictions, then your friend can use the car as they see fit.
7. Return of property
When the rental term ends, the property has to be returned to the owner. The parties are free to decide how the property will be returned.
Either the owner can retrieve the property from the renter, or the renter can deliver the property back to the owner. The Personal Property Rental Agreement should specify who is responsible for the return or retrieval.
8. Insurance
The rental agreement should specify if the renter will obtain insurance for loss or damage to the property. In some cases, it’s strongly advised renters obtain insurance. For example, if the item is monetarily valuable, such as a car, insurance may be a good idea.
Also, the rental agreement should specify if the renter will obtain insurance for public liability and property damage. Usually, renters only have to obtain this type of insurance if the rented property can conceivably cause damage to other people or property, such as a vehicle.
9. Taxes
A Personal Property Rental Agreement should specify if the renter will pay taxes and fees levied against the property, such as Goods and Services Tax (GST).
The renter is only responsible for paying taxes and fees that are included in the rental agreement or that are required by law to be paid by them.
10. Default period
A grace period is a period of time during which a payment can be made after its due date without incurring a late penalty. If the owner is allowing a grace period for failure to pay rent, the Personal Property Rental Agreement should outline its length (i.e., a specific number of days).
11. Assignment permissions
An assignment transfers a party’s rights and obligations to a third party. The assigning party gives up their rights under the contract to the third party, who becomes a party to the contract.
Suppose someone rents a vehicle for a one-year lease term but stops driving five months into the contract because they’re injured. In this case, they may be interested in assigning the contract to their spouse, so they can continue using the vehicle.
Usually, a renter cannot assign a lease unless the Personal Property Rental Agreement clearly states that they have the owner’s permission. To clarify whether either party is allowed to assign the lease, the agreement should contain clear assignment rights.
12. Renewal permissions
Renewal refers to the renter extending the rental arrangement once the term has expired without the owner’s consent. A Personal Property Rental Agreement should specify whether the renter can renew the lease. If they can, the agreement should specify whether the renewal will be governed by the same terms that applied during the lease term.
13. Overdue fees
A Personal Property Rental Agreement should specify whether a renter has to pay a penalty if a rent payment is overdue. A penalty may come in the form of a fee or interest.
Should I check the Personal Property Securities Register (PPSR) before renting something?
The Personal Property Securities Register (PPSR) allows parties to register their security interests in personal property to protect those interests. It is governed by the Personal Property Securities Act 2009. The PPS register applies to cars, boats, and other assets.
A security interest is a legal claim on personal property that has been pledged as collateral to secure the payment or performance of an obligation, such as the repayment of a loan.
For example, a bank might have a security interest in someone’s car if it lent them the money needed to buy it. As a renter of that car, it’s worth knowing if there are any security interests registered against it before you rent it.
The PPS register will let you see if there have been any security interests registered against the property you’re considering renting. If there is a registered security interest, then the property could be subject to repossession by the registered party during the term of your rental agreement.