Legal Question in Business Law in New Hampshire
Lease of business equipment
We leased a business machine quite awhile ago for a period of four years. We discontinued the business after two months and I called to inquire if we could return the machine. Since my husband has signed a four year lease, we were bound to continue paying. I called last month and discovered that our lease was up 8/01, but the company had continued to deduct a lease fee from our credit card because we never notified them. Is the legal responsibility theirs to notify/renew and get an additional signature for them to continue taking our money? The payments have stopped, but according to my calculation, we overpaid over $800.00 because of the mistaken notion that we would be notified whether or not we wished to continue leasing. Thank you.
1 Answer from Attorneys
Re: Lease of business equipment
Hi - Taking your inquiry at face value, your husband signed a four-year lease for the use of business equipment. If he did in fact sign a 4-yr lease then he would have no right to cancel the agreement without paying some kind of cancellation or buyout fee. The lease agreement probably allows for continued use of the equipment beyond the 4-yr term, at the agreed-upon rate or charge (or in some cases a reduced charge), not unlike holding over as a tenant after the lease term has expired, the tenancy then becomes month-to-month unless there is some kind of automatic renewal.
Should the company have contacted you to inform you the lease had expired or was due to expire - yes - but they may not have had a legal obligation to do so. And when the lease expired and you made no effort to return the equipment and terminate the lease agreement, they simply continued with it pending further notice from you, the lessee.
Having said all of this, my advice to you is to review the lease agreement very carefully, look for a notice provision that the lease is due to expire. That's probably your best bet.
Good luck, I hope that you're able to recover at least some of your payments to the leasing company.
Regards -
Len Foy
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