Legal Question in Business Law in Virginia

Re: right to refuse service

I can't imagine why he would be so insistent upon staying, unless (1) he can't find another place to take his boat, (2) you are charging a lot less than other people, or (3) he can't figure out a way to move his boat.

His right to use your property, whether it is his own presence as a person or his physical property being stored there, can only exist as long as the contract (lease) says.

So when the contract is over, it is over, and his right to keep his boat on your property ends.

Make sure you carefully study the contract to see exactly what is required. Does the cancellation have to be in writing? Does it have to be sent to a particular place? Does it have to be by certified mail?

It is amazing that businesses do not read their own contracts before cancelling them.

I cannot imagine what he would take you to court about. That is baffling. Maybe he can say you did not cancel the contract according to the requirements stated in the contract?

I don't know where you are located, but I would think in a bad economy there must be some other place for him to take the boat, that would be eager for a client, and I find it baffling he would be refusing to leave.

I can see that if he does not have a trailer to move it or something like that this might be an obstacle for him moving. But that is what the 30 days notice is for.

Re: right to refuse service

You can also consider taking this to small claims court. The VA Courts have a helpful site for small claims information and FAQs, go to

http://www.courts.state.va.us/pamphlets/small_claims.html. If this is your first time in small claims, contact the county state bar or VA State Bar to see if they recommend an attorney that will review. And, by taking this to court, this lets others at your facility know that business is a priority.

And, look at your contract to see if you had to provide notice via return receipt mail or some other notification method. If there is a notification procedure, you'll want to carefully read and follow that procedure unless there is an exception (like delinquent payments, damage to property, or any other provision that you might have in your lease agreement).

Good luck,

Bambi