Aircraft Hanger and Tie-Down Agreements
Hanger and tie-down agreements are usually drafted by the landlord and can be contracts of adhesion-that is, a contract that, like fly-paper, traps you to the surface. The following is offered as general advice and is not in any way detailed enough to prevent such an agreement from being entered into by either party. Before entering into a tie-down or hanger agreement, you should contact an aviation attorney familiar with such agreements.
A typical tie-down or hanger agreement is drafted by the hanger owner's attorney. It is incumbent on the aircraft owner to thoroughly review such agreement before signing it. The aircraft owner should not be forced into executing a document that might later lead to trouble.
The typical agreement begins with identification of the parties. In many cases the landlord may be a municipal corporation or a state; it could also be a FBO that holds title to or leases the hanger or tie-down area. It is important to have the contact phone number, e-mail, and address of the landlord in the preamble of the contract.
The specific storage or tie-down location should be detailed as to aircraft registration number and make and model. The agreement should also allow for substitute aircraft in case you upgrade or buy a new plane. In addition, permitted assignees such as a spouse or family member should be allowed to use the leased premises.
A typical lease of hanger space or tie-down covers a one year time frame. But, the landlord and you can arrange any other mutually acceptable amount of time. It would be to the aircraft owners advantage to an agreement based on a month-to-month basis. That way, should the aircraft owner sell the plane, the owner would not be stuck with a long term lease.
Sublease and assignments should not be unreasonably withheld by the landlord. There is a legal difference between an assignment and sublease--make sure you consult an attorney for the nuance.
The fees should be covered in detail. When, how and where the rent is due should be mentioned; any late fees covered; security deposits outlined; escalations provisions written out; late charge assessments mentioned; and any cleaning or maintenance fees should be discussed and included in the final agreement.
The landlord will have a common disclaimer of liability clause in the agreement; this releases the landlord from all but gross negligence or intentional misconduct in damage to your aircraft. This could prevent your insurance carrier from subrogating recovery from the landlord for damages and, in the worst case, have your claim be denied. Make sure the landlord does not overreach in an attempt to shift liability away from the landlord to the aircraft owner. It is probably a good idea to have the hanger or tie-down agreement reviewed by your insurance carrier prior to signing it.
Acceptance of leased premises "as is" and any alterations provisions are often found in the agreement. Any repairs or additions made by the aircraft owner to the hanger or tie-down area are made at the aircraft owners or his guests expense; often you must get permission from the landlord before such additions are made and,even then, belong to the landlord after completed.
Compliance with environmental and regulatory requirements are often covered in the agreement. The aircraft owner must comply with laws dealing with hazardous substances, local ordinances, fire codes, building codes, FAA and TSA policies among others. The landlord is usually not willing to be subject to penalties for problems the aircraft owner created--you cannot blame him.
Finally, some boilerplate clauses covering the right to inspect, inconsistent use, notices, attorney's fees, entire agreement and situs of interpreting laws are included. Not to minimize these clauses, but they a standard contract provisions. Make sure you understand the terms because once you sign the document, you will be bound by them.
Make sure you understand all of the provisions of the agreement; if you have any doubt, contact an aviation attorney who will be on your side and give you good advise.
A typical tie-down or hanger agreement is drafted by the hanger owner's attorney. It is incumbent on the aircraft owner to thoroughly review such agreement before signing it. The aircraft owner should not be forced into executing a document that might later lead to trouble.
The typical agreement begins with identification of the parties. In many cases the landlord may be a municipal corporation or a state; it could also be a FBO that holds title to or leases the hanger or tie-down area. It is important to have the contact phone number, e-mail, and address of the landlord in the preamble of the contract.
The specific storage or tie-down location should be detailed as to aircraft registration number and make and model. The agreement should also allow for substitute aircraft in case you upgrade or buy a new plane. In addition, permitted assignees such as a spouse or family member should be allowed to use the leased premises.
A typical lease of hanger space or tie-down covers a one year time frame. But, the landlord and you can arrange any other mutually acceptable amount of time. It would be to the aircraft owners advantage to an agreement based on a month-to-month basis. That way, should the aircraft owner sell the plane, the owner would not be stuck with a long term lease.
Sublease and assignments should not be unreasonably withheld by the landlord. There is a legal difference between an assignment and sublease--make sure you consult an attorney for the nuance.
The fees should be covered in detail. When, how and where the rent is due should be mentioned; any late fees covered; security deposits outlined; escalations provisions written out; late charge assessments mentioned; and any cleaning or maintenance fees should be discussed and included in the final agreement.
The landlord will have a common disclaimer of liability clause in the agreement; this releases the landlord from all but gross negligence or intentional misconduct in damage to your aircraft. This could prevent your insurance carrier from subrogating recovery from the landlord for damages and, in the worst case, have your claim be denied. Make sure the landlord does not overreach in an attempt to shift liability away from the landlord to the aircraft owner. It is probably a good idea to have the hanger or tie-down agreement reviewed by your insurance carrier prior to signing it.
Acceptance of leased premises "as is" and any alterations provisions are often found in the agreement. Any repairs or additions made by the aircraft owner to the hanger or tie-down area are made at the aircraft owners or his guests expense; often you must get permission from the landlord before such additions are made and,even then, belong to the landlord after completed.
Compliance with environmental and regulatory requirements are often covered in the agreement. The aircraft owner must comply with laws dealing with hazardous substances, local ordinances, fire codes, building codes, FAA and TSA policies among others. The landlord is usually not willing to be subject to penalties for problems the aircraft owner created--you cannot blame him.
Finally, some boilerplate clauses covering the right to inspect, inconsistent use, notices, attorney's fees, entire agreement and situs of interpreting laws are included. Not to minimize these clauses, but they a standard contract provisions. Make sure you understand the terms because once you sign the document, you will be bound by them.
Make sure you understand all of the provisions of the agreement; if you have any doubt, contact an aviation attorney who will be on your side and give you good advise.
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