Equipment rental agreements have become increasingly popular in Ontario, enabling households to access essential appliances—such as water heaters, HVAC systems, water filters, alarm systems, and solar panels—without upfront costs. However, these agreements carry significant risks that consumers need to understand to avoid unexpected financial or legal consequences. Below are the key risks associated with such agreements:

1. Long-Term Financial Commitment

Many rental agreements lock consumers into multi-year contracts, often spanning 10 to 15 years, with little flexibility for early termination. Termination fees can be substantial, sometimes exceeding the equipment's market value. Some companies may also mislead consumers by presenting the agreement as a rental when it is, in fact, a loan or financing agreement—where the latter can have more severe financial implications.

2. Title and Ownership Issues

Consumers are often unaware that a Notice of Security Interest (NOSI) or even a mortgage may be registered on their property as part of the rental agreement. The Homeowner Protection Act, which came into effect in June 2024, now bans the registration of NOSIs for consumer goods on residential properties and also eliminates existing NOSIs for such goods. However, some companies exploit legal loopholes by filing other types of notices, potentially creating unforeseen complications during property sales and exposing both sellers and buyers to unexpected costs.

3. Hidden or Escalating Costs

Though initial monthly payments may appear affordable, many agreements include clauses allowing annual rate increases or additional fees for maintenance and repairs. These escalating costs can make the total cost of renting higher than purchasing the equipment outright. For example, one consumer’s heat pump installation resulted in a loan of over $25,000, with the monthly payment skyrocketing from $40 to over $300 after just one year—and the promised rebate was never received.

4. Impact on Property Transactions

Rental equipment can complicate home sales. Although buyers may be willing to take over certain rental agreements—such as hot water tanks—they are often hesitant to assume other long-term commitments. In some cases, buyers may demand that sellers buy out the contract before the sale. This can force sellers into costly negotiations with rental companies to reduce the buyout amount, causing delays in the transaction, sometimes it may result in a failure to close due to insufficient funds.

5. Liability for Damage and Repairs

While rental companies are typically responsible for maintenance, the fine print of the agreement may shift liability to the renter under certain circumstances. Consumers may be held responsible for damage caused by improper use or failure to report issues promptly, leaving them on the hook for expensive repairs or replacement costs.

Protecting Yourself from Predatory Practices

Despite the numerous risks associated with rental agreements, consumers with limited financial resources often feel compelled to accept what is offered as an affordable monthly payment. If hiring a lawyer is not an option, researching the company thoroughly—especially by checking reviews on the Better Business Bureau (BBB)—can help you avoid falling victim to predatory business practices. Taking this simple precaution could save you from significant financial trouble down the road.

Disclaimer:

1. This blog is for reference only and does not constitute legal advice. For specific issues, please consult your lawyer.

2. The copyright of this blog belongs to Zeng Law Professional Corporation, Ontario, Canada. Without authorization, reproduction, reprinting, excerpting, or other means of copying, publishing, or distributing is prohibited.