Legal Concerns for RV/Boat Storage, Flex Space and Marina Leases

Not all storage leases are the same

By Scott Zucker 

Although RV and boat storage facilities, marinas, self-storage facilities and flex commercial spaces each involve the use of property for storage, they cannot rely on the same rental agreements. The legal relationship between the owner and the occupant differs significantly depending on the intended use of the space. Most notably, the allocation of risk and the applicable regulatory frameworks vary—sometimes dramatically—between uses such as marinas and self-storage facilities, even though both may involve the storage of boats. 

Some of these distinctions arise from the rental of real property, while others stem from the service of bailment. As a result, attempting to use a single lease form for all purposes creates risk and often invites judicial scrutiny.

Boat Storage vs. Marinas

To begin, consider the differences between boat storage and marina leases. The operational distinctions are substantial and include the owner’s level of control over the property—such as racking or stacking boats in storage—versus the occupant’s licensed right to use marina facilities for docking. 

Insurance issues also differ depending on whether a boat is stored at a storage facility or actively operated within a marina. Each agreement must address questions of the owner’s “care, custody or control” of the vessel while in storage, as compared to when the boat is under the occupant’s control while operating on marina property.

Additionally, each agreement must allocate responsibility for the risk of property loss or damage to the boat, as well as the risk of injury to others. Boat-related agreements must also address environmental compliance concerns, such as fuel or oil spills, and potential illegal activity, including boating under the influence (BUI) or violations of no-wake zones. 

Ultimately, the issue of “control” is central to how these agreements are structured. The policies and procedures of the storage operator or marina directly influence the terms and conditions of the governing agreement.

Self-Storage and Flex/Commercial Storage

Next, consider the differences between self-storage facilities and flex space or commercial rentals used for storage. As with boat storage and marinas, these distinctions turn largely on questions of bailment, control and permitted use. 

In self-storage facilities, the expectation is typically passive storage only. In contrast, flex spaces anticipate active use, including business operations and potentially warehousing, inventory control or even manufacturing. Permissible uses may also be constrained by applicable zoning regulations. Even in commercial flex spaces, not all types of manufacturing are allowed, and the storage of certain materials may be prohibited due to public safety concerns.

Self-storage facilities are also governed by different laws than those applicable to flex commercial spaces. Self-storage owners are generally entitled to enforce statutory lien remedies, while flex space owners must typically comply with state landlord-tenant laws. 

These legal frameworks dictate how owners may respond to rent defaults and terminate an occupant’s right to use the space. For example, in self-storage, an owner may foreclose on a statutory lien and ultimately sell the tenant’s stored property at a public sale. In contrast, flex commercial landlords must follow formal eviction procedures, often requiring court intervention to regain possession of the leased premises.

As with boat storage and marinas, insurance requirements further distinguish self-storage from flex commercial leasing. Occupants of commercial spaces are typically required to carry both property insurance for stored goods and liability insurance covering the risk of injury or damage to others. In self-storage settings, however, liability insurance is not commonly required, with operators instead relying on specialized coverages such as sale-and-disposal insurance.

Conclusion

The bottom line is that leases for boat storage facilities, marinas, self-storage facilities and flex commercial spaces must be tailored to their intended use and to the specific regulatory, zoning, lien and public-policy considerations applicable to each location. There is no “one-and-done” lease document that can adequately address these separate and distinct uses. For example, combining lien enforcement language with eviction provisions in a single agreement can create enforceability issues when an owner attempts to remove a non-compliant tenant.

That said, there is one common thread across all of these arrangements: the importance of regular lease audits and periodic reviews of business operations to ensure they align with the governing agreements. 

There are few things worse than waiting until a dispute arises before an owner carefully reads the applicable lease. Ultimately, effective risk management depends not only on operational practices but also on using agreements that accurately reflect how the property is used and controlled.

Scott Zucker is a founding partner in the Atlanta law firm of Weissmann Zucker P.C. and has been practicing law since 1987. Scott represents storage operators and managers throughout the country on legal matters including property development, facility construction, lease preparation, employment policies and tenant claims defense. He also provides, on a consulting basis, advice in the areas of foreclosure and lien sales, premises liability and loss control safeguards. Scott can be reached at (404) 364-4626 or Scott@wzlegal.com.

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