Parking space, garage, and boat slip – what lease or right-of-use agreement is needed?

October 3, 2026

Short answer: The same contract template does not always suit parking spaces, garages, and boat slips. The legal classification depends on what is actually being leased. A garage space in a building is typically treated as commercial premises rental, while an open-air parking space on land may be assessed as a lease of land and, in certain cases, as a tenancy. Boat slips can also have different legal structures depending on the arrangement.

Garage space in a building

When the lease concerns a space in a parking structure or garage, the starting point is often that it is a rental of a part of a building. Commercial rental rules may then become relevant, including rules regarding termination and—after more than nine months of continuous tenancy—indirect security of tenure in certain situations.

Open-air parking space

If, instead, the land is the main object, the lease may fall outside the scope of rental regulations and need to be assessed according to the rules regarding tenancy or other rights of use. It is therefore inappropriate to assume that all parking agreements are legally identical.

Boat slip

For a boat slip, the agreement needs to describe whether the lease concerns a space at a pier, land, water area, and any associated services. Harbor rules, access, electricity, water, winter storage, and liability for mooring should be explicitly managed.

What should the agreement contain?

exact space or space number
contract period and termination
fee and payment period
which vehicle or boat is permitted to occupy the space
access, key, tag, or gate/barrier
electricity, charging, and other supplementary services
snow removal, maintenance, and rules of conduct
liability for damage, theft, and insurance
whether subletting is permitted

Security of tenure depends on the form of agreement

For commercial leases, there is an indirect security of tenure that differs from the protection afforded to residential tenants. If the lease is instead a tenancy or other right of use, different rules apply. The title of the agreement is not decisive—the actual lease arrangement governs it.