In the corporate world, a lease can be operational or financial. An operational lease works without transferring the ownership, while a financial lease transfers the ownership of the asset. Similarly, in the real estate world, the terms of rent and lease agreements come with different perspectives.
The lease and rent agreements have some common terminologies. Both types of agreements must include key information related to parties in the contract.
- Name and Address of both parties
- Property address and details
- Duration and offer on expiry
- Payment amount, mode, and frequency
- Security deposit and other fees
- Inclusion / exclusion of utilities
- Tenant’s responsibilities for maintenance and repairs
- Rules regarding property usage and restrictions
Some landlords or the first party may include special clauses in the contract too. One of the key differences between the two types is the legal endorsement of the contract.
Lease contracts are made for longer periods, usually higher than 12 months, hence are duly stamped and registered with regulatory authorities.
Let us first take a glance at the summarized differences in lease v rent agreements.
|Feature||Lease Agreement||Rent Agreement|
|Parties in Contract||Lessor and Lessee||Landlord and Tenant Owner and renter|
|Maintenance and Damages||Lessee||Tenant, the landlord with a short-term contract|
|Ownership of the Asset||Option to buy for the lessee||No option to buy for the Tenant|
|Alteration during Contract||No Alterations, rent change||Alternations possible during the contract|
|Contract Terminations||No termination before Expiry||Can be terminated|
By nature and usage of both types, here are the top 05 differences in a lease v rent agreement.
1) Agreement Duration
Rent agreements for any asset are signed for the short term. Rentals for houses, apartments, cars, or other assets usually take place for the short term. The maximum rent agreement duration ranges from 09 months to 12 months.
A lease contract is signed for the long term. A lease is usually signed for usage rights for 01 to 04 years for the asset. The house, apartment, or car leases are all common types of lease agreements.
A rent agreement works best for people seeking short-term and flexible use. A lease agreement provides more stability to both parties in the contract.
2) Terms and Conditions – Sub Leasing
Practically, a lease agreement provides stricter terms and conditions than a rent agreement. As it is made for longer-term, the lessor requires more security for the asset.
In many countries, stamping and authorization of lease agreements is a statutory requirement. In many cases, the lease agreements allow the lessee to find a sub-lease party.
While Rent agreements provide flexible terms, the tenant does not hold the right for sub-leasing. The concept of partial ownership of an asset comes with a lease agreement only.
As a lease agreement is made for a longer period, the binding terms remain stricter. The lessor requires higher creditworthiness from a lessee than short-term tenants.
3) Offer at Expiry
A rent agreement is automatically renewed after each term. Usually, the renewal takes place on a monthly or quarterly basis. There are no offers to buy the asset, home, or car at the expiry of the rent agreements.
A lease agreement does not renew automatically. Both parties need to agree on the new terms and have to sign the deal again.
However, many lease agreements take the form of financial lease, lease-option, and lease-purchase agreements. All of these lease agreement types, allow the lessee to buy the asset at the expiry of the lease agreement.
4) Alteration and Termination
As we discussed, a rent agreement takes a less formal approach. Rent agreements often take the oral contract forms too. The Landlord can alter the terms and conditions in a rent agreement at any time.
An increase in rent amount is a common example in short-term rental agreements. Similarly, the landlord can easily terminate the rental agreement without the consent of the tenant.
In a lease agreement terms and conditions cannot be altered unless both parties agree mutually. The tenant remains more secure with a formal, long-term lease agreement. A lessor, cannot force the termination or property eviction in a lease agreement.
5) Maintenance and Other Costs
The maintenance costs usually rest with the tenant or the lessee in both agreements. In some lease agreements, there are some additional costs to bear.
For example, in an auto lease, the insurance is covered by the lessee. In rental, the insurance cost will be covered by the auto dealer.
Similarly, housing and other real estate lease agreements will include different types of costs. The down payment, insurance, and maintenance costs are a few to name. The monthly rent rates tend to be higher in the rent agreements though.