Motor Vehicle or Automobile Lease between Individuals
This Motor Vehicle Lease, is made on this day of , 20 ,
between , of ,
(Name of Lessor) (Street Address, City, County, State, Zip Code)
hereinafter referred to as Lessor, and , of
(Name of Lessee)
, hereinafter referred to as Lessee .
(Street Address, City, County, State, Zip Code)
1. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the motor Vehicle
described as follows
New or used: ;
(state whether new or used)
Year and model: and ;
(year of Vehicle) (model of Vehicle)
Number of cylinders: ;
(Number)
Make or trade name: ;
(make)
Body type: ;
(body type)
Model number or series: ;
(Number)
Manufacturer's Serial Number: ;
(Number)
Motor Number: .
(Number)
Said motor Vehicle is hereinafter referred to as the Vehicle.
2. Lessee shall pay as lease payments for the Vehicle $ per month in advance
on the day of each month during the term of this Lease. All Lease payments shall
(Number)
be made by Lessee to Lessor at Lessor's address set forth above in this Lease or to such other
person or organization as Lessor shall designate to Lessee in writing, or as designated in writing
to Lessee by an assignee of this Lease pursuant to Section 15. Lease payments for the first month
shall be prorated from the date of delivery. Interest at % may be charged by Lessor
on Lease payments not paid when due.
3. Security Deposit. Lessee shall deposit with Lessor $ as security for the
performance by Lessee of the terms and conditions of this Lease. If Lessee fully complies with
all terms, the deposit shall be refunded to Lessee on termination of the Lease. Should Lessee fail
to comply with any of the terms, such deposit may be applied by Lessor to payment of the costs
and expenses, including attorney's fees, incurred by Lessor as a result of such default; such
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deposit, however, shall not be considered as payment for Lease payments due, nor shall it release
Lessee from the obligation to make such Lease payments or from any of the obligations assumed
by Lessee.
3. Valuation and Depreciation. The agreed value of the Vehicle at the time of its delivery
to Lessee is $ . Depreciation shall be computed on the basis of %
per month of the original agreed value from the date of delivery of the Vehicle.
4. Delivery of Vehicle. Lessor shall use all reasonable diligence to deliver the Vehicle to
Lessee on the execution of this Lease, but shall not be liable to Lessee for any failure or delay in
obtaining the Vehicle or making delivery, if Lessor shall have exercised reasonable diligence in
attempting to make such delivery.
5. Lessee shall not use or permit the use of the Vehicle in a negligent or improper manner or
in violation of any law, or so as to void any insurance covering the Vehicle, or as a public or
private carrier, or permit the Vehicle to become subject to any lien, charge, or encumbrance.
6. Licensing and Registration. The Vehicle subject to this Lease shall bear license plates
and the title shall be registered in the name of Lessor. The annual registration or license fees
shall be paid by Lessee. Unless otherwise specified, Lessor, where required, shall register the
Vehicle in conformance with the laws of . Local registration or
(Name of State)
registration of the Vehicle in other states shall be at the expense of Lessee.
7. Obligation to Insure. Insurance covering loss by
(e.g., describe insurance coverage required such as collision, bodily injury, property damage, and maximum deductible amount)
in the amount of $ will be maintained by
. If Lessee shall fail to
(e.g., designate either the Lessee or the Lessor and the name of the insurance company)
pay for or provide any insurance specified as the responsibility of Lessee, Lessor at his option
may pay for such insurance and add the amount paid to the next monthly Lease payment due
from Lessee. Lessee will promptly notify Lessor of any accident or incident that may result in an
insurance claim.
8. Maintenance and Repairs. Unless otherwise agreed in writing by the parties, all service,
materials, and repairs in connection with the use and operation of the Vehicle during the term of
this Lease, including but not limited to gasoline, oil, batteries, repairs, maintenance, tires, and
towing necessary for its proper use and operation, shall be at expense of Lessee. Lessee agrees to
maintain the Vehicle in accordance with all service intervals recommended by the manufacturer
of the Vehicle. Lessee shall take the Vehicle to the appropriate factory-authorized dealer for all
service and repairs under the manufacturer's warranty. Lessor shall not be liable for repairs, nor
shall any such repairs be charged to Lessor.
9. Miscellaneous Charges. Lessee agrees to pay all storage charges, parking charges, and
fines incurred in connection with the Vehicle. Lessee will pay any fees (including vehicle
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registration and inspection fees) or taxes that may be imposed with respect to the Vehicle by any
constituted governmental authority as the result of Lessee's use or intended use of the Vehicle.
10. Risk of Loss and Damage. Lessee shall bear all risks of damage to or loss of the
Vehicle, or any portions of the Vehicle, not covered by insurance. All replacements, repairs, or
substitutions of parts or equipment shall be at the cost and expense of Lessee and shall be
accessions to the Vehicle. Lessee, at all times and at Lessee's expense, shall keep the Vehicle in
good working order, condition, and repair, reasonable wear and tear excepted. The Lease
payments on the Vehicle shall not be prorated or abated while it is being serviced or repaired.
11. Indemnity of Lessor. Lessee agrees to indemnify Lessor against all claims,
losses, causes of action, and expenses, including attorney fees and legal expenses, arising from
the use, maintenance, and operation of the Vehicle.
12. Termination of Lease. This Lease will terminate on , or at any time
( Date)
after the first months of the term, provided Lessee has given Lessor
(Number) (Number)
days' advance notice in writing of intent to terminate and is not in default. On return of the
Vehicle at the place and in the condition specified in Section 14, Lessor and Lessee will agree as
to its then present value; if Lessor and Lessee cannot so agree within days after the
(Number)
return of the Vehicle, then the issue of present valuation shall be determined by Arbitration as set
forth in Section 16 below. Should the total of the then present value be more than the depreciated
value (as defined in this Lease), then such excess, less % of the agreed value, shall
be paid to Lessee. If it be less than the depreciated value, then Lessee will pay the difference to
Lessor, plus % of the agreed value. Depreciated value means the original agreed
value less the monthly depreciation set forth in this Agreement, multiplied by the number of
months and fractions of a month elapsed between the time of delivery of the Vehicle to Lessee
and its return to Lessor.
13. Termination as a Result of Default. Time is of the essence of this Agreement. Lessor, at
its option, may by written notice to Lessee declare this Lease in default on the happening of any
of the following:
A. Default by Lessee in payment or performance of any of Lessee's obligations;
B. A proceeding in bankruptcy or under any law for relief of debtors involving
Lessee or the Vehicle;
C. Voluntary assignment of Lessee's interest in this Agreement;
D. Involuntary transfer of Lessee's interest in this Agreement by operation of law; or
E. Expiration or cancellation of any policy of insurance agreed to be paid for by
Lessee, or the cessation in force according to its original terms of such insurance, or of
Motor Vehicle or Automobile Lease between Individuals Page 3 of 6
any extension or renewal of the insurance, during the entire term of this Lease. On
declaration by Lessor that Lessee is in default under this Lease, the Vehicle shall be
surrendered and delivered to Lessor, and Lessor may take possession of it wherever it
may be found, with or without process of law, and for that purpose may enter on the
premises of Lessee. On default, Lessee and Lessee's successor in interest, whether by
operation of law or otherwise, shall have no right, title, or interest in the Vehicle, or its
possession or use, and Lessor shall retain all Lease payments and other sums paid by
Lessee under this agreement with respect to the Vehicle. Lessor shall then proceed as
provided in Section 12; in such event, there shall be deducted from the agreed value
attorney's fees incurred by Lessor in the enforcement of its rights, plus % of
the original value. Any surplus or deficiency resulting shall be paid to or paid by Lessee
as provided in Section 12. The rights and remedies of Lessor under this Agreement are
not exclusive, but cumulative and in addition to all other rights and remedies provided by
law.
14. Return of Vehicle. On expiration of the Lease term, or earlier termination of the Lease
as provided in this Lease, Lessee shall return the Vehicle to Lessor in the same condition as
when received, less reasonable wear and tear, at , or
(Street Address, City, County, State, Zip Code)
any other location mutually agreed on by the parties.
15. Assignment. Lessee agrees not to assign, transfer, sublet, pledge, or encumber any of his
rights under this Lease, or the Lease itself. Lessee consents to and authorizes Lessor's assignment
of all rentals, charges, and other amounts payable by Lessee to Lessor, or to become payable
under this Agreement. If Lessor so assigns the sums agreed to be paid by Lessee to
, the rights of assignee to receive the sums shall be
(Name of financing organization)
free from all defenses, setoffs, and counterclaims of every kind that Lessee may be entitled to
assert against Lessor, but Lessee may separately assert such claims against Lessor.
Notwithstanding such assignment, assignee shall not assume any of the obligations of Lessor.
This Lease and the rights and interests of Lessee are subordinate to any security agreement
executed by Lessor and any such assignment covering the Vehicle.
16. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the
contrary, any dispute under this Agreement shall be required to be resolved by binding
arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select
one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall
arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration
Association then in force and effect.
17. Waiver. Failure of Lessor in any one or more instances to insist on the performance of
any of the terms of this Lease, or to exercise any right or privilege conferred in this Lease, or the
waiver of any breach of any terms of this Lease shall not subsequently be construed as a waiver
of such terms, which shall continue in force as if no such waiver had occurred.
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18. Limitation of Warranties. There are no warranties, expressed or implied, by Lessor to
Lessee, except as contained in this Agreement, and Lessor shall not be liable for any loss or
damage to Lessee, nor to anyone else, of any kind and however caused, whether by any vehicle,
its repair, maintenance, or equipment, or its failure, or by interruption of service or use of any
vehicle.
19. Severability. The invalidity of any portion of this Agreement will not and shall not be
deemed to affect the validity of any other provision. If any provision of this Agreement is held to
be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and
effect as if they had been executed by both parties subsequent to the expungement of the invalid
provision.
20. Governing Law. This Agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of .
(Name of State)
21. Notices. Unless provided herein to the contrary, any notice provided for or concerning
this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified
or registered mail if sent to the respective address of each party as set forth at the beginning of
this Agreement.
22. Entire Agreement. This Agreement shall constitute the entire agreement between the
parties and any prior understanding or representation of any kind preceding the date of this
Agreement shall not be binding upon either party except to the extent incorporated in this
Agreement.
23. Modification of Agreement. Any modification of this Agreement or additional
obligation assumed by either party in connection with this Agreement shall be binding only if
placed in writing and signed by each party or an authorized representative of each party.
24. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed to be an original, but all of which together shall constitute but one and the
same instrument.
25. Compliance with Laws. In performing under this Agreement, all applicable
governmental laws, regulations, orders, and other rules of duly-constituted authority will be
followed and complied with in all respects by both parties.
WITNESS our signatures as of the day and date first above stated.
By: By:
(Signature of Lessor) (Signature of Lessee)
(P rinted Name of Lessor) (P rinted Name of Lessee)
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