View Single Post
  #8  
Old August 29th 07, 08:23 PM posted to rec.aviation.piloting
Doug Semler
external usenet poster
 
Posts: 175
Default Can the airport ban bicycles?

On Aug 29, 11:30 am, Jay Honeck wrote:
Is this legal?


It is if you sign it.


Sadly, they are the only show in town.

However, I disagree that it's legal for them to change the
interpretation of an existing lease, simply because we signed it.



I think your misnaming "interpretation" for "lack of enforcement of
lease provisions". You agreed to the lease to begin with. If the
lease states that you will only store things that are aircraft or
related to aircraft maintenance, and you store a bicycle there, you
are in violation of the lease's provisions REGARDLESS of whether or
not they have ever enforced the provision (unless you can show that
the bicycle is an aircraft or related to aircraft maintenance g).

There is usually a Waiver clause in leases that states something to
the effect that "lack of enforcement of any provision of the lease
shall not be construed as a waiver therof so as to excuse the other
party from future perfomance of that provision or any other
provision." And you should be careful, because violation of a lease's
provisions can put you into default of the lease (you may have a
"correction period" though. Depends on the state and/or the lease
itself. Look for a Default clause).

I should note, that even if there are no Waiver, Severability, or
Default clauses defined explicitly in your lease agreement, state law
may define them for you.

All of this is speculation because I have NO idea exactly how your
lease is worded g