The economical extension of lease contracts requires for the contract parties not only to identify solutions that would serve the interest for mutual profit, but even to invest their convention with a correct regulation formula. None the less, this task is not foreign for the rail transport sector, through which the exchange of goods and property values was undeniably accelerated. Thus, in this study we analyzed certain problems related to rail transport lease contracts. Problems that regard not only the nature of transport lease, but even the probability of its existence in the case that the tenant does not have the proper possibility exploit the railway equipment.