Fort Lauderdale Aircraft Leasing Lawyer

An aircraft is an expensive investment. Leasing is a viable option for aircraft owners looking to expand their aviation businesses and do what they love. Even large airlines reap the benefits of aircraft lease arrangements, as they can increase capacity when needed.

When an aircraft acquisition isn’t an option for aircraft owners, leasing is a great alternative. Aircraft leases carry high-stakes risks and conditions for both parties, though. At Aero Law Center, our aircraft leasing lawyers in Fort Lauderdale assist at every phase of the process.

Call us to request a complimentary initial consultation. Our aviation transaction lawyers in Fort Lauderdale have over five decades of combined experience.

Aero Law Center services aviation businesses globally for all of your aviation business needs.

Our Fort Lauderdale Aviation Leasing Attorneys Provide Transaction-Focused Legal Guidance

Aircraft owners rely on our firm as our team is experienced in identifying and addressing legal risks that arise in aircraft lease transactions. Our Fort Lauderdale aviation leasing attorneys work with our clients to avoid potential liabilities that can harm their aviation businesses.

Our Fort Lauderdale aviation lawyers also work to resolve issues that arise during the lease agreement, addressing legal issues that arise under the lease agreement.

Is Aircraft Leasing Beneficial?

Depending on your circumstances, an aircraft lease makes more financial sense than an aircraft purchase. There are several clear benefits to leasing an aircraft, starting with affordability and accessibility.

For instance, there are no upfront costs, as compared with an aircraft acquisition, involved in leasing an aircraft. A lease structure may affect cash flow and liquidity depending on the terms of the agreement.

Accessibility is another plus for aircraft owners. Under a lease agreement, aircraft owners can utilize the aircraft as often as needed or as agreed upon in the lease agreement. Leasing allows aircraft owners to:

Preserve capital
Reinvest in other business areas
Temporarily or rapidly scale with additional aircraft (and vice versa)

Leasing can be a flexible option for aircraft owners depending on operational and financial considerations. Aero Law Center can assist with drafting and reviewing aircraft lease agreements.

Whether it’s aircraft transactions, commercial litigation, or compliance, we excel at creating solutions to unique challenges.

How Does Aircraft Leasing Work?

A lease is a contractual obligation between an aircraft owner and a lessee. The lessee might be a pilot or an airline looking to offer travel services. In an aircraft lease, the lessee has permission to use the aircraft as stated in the lease agreement and, in return, must make agreed-upon payments to the aircraft owner.

Aircraft leasing can be a profitable avenue as aircraft rentals typically cost an hourly rate, depending on the size of the aircraft and the engine capacity.

Wet Leases vs Dry Leases

The Federal Aviation Regulations (FARs) classify aircraft leases as either “dry leases” or “wet leases.” Attorneys with Aero Law Center can help facilitate a formal lease agreement between an aircraft owner and lessee to protect both parties from liability.

Under a dry lease, the aircraft owner agrees to provide only the aircraft and no staff personnel to the lessee. Under a wet lease, the lessor provides the aircraft and at least one crewmember. In a wet lease, operational control is generally exercised by the party providing the crew. Under a dry lease for private operations, the lessee hires the crew and holds operational control of the flight.

14 CFR 110.2 and 14 CFR 1.1 address these definitions, and for certificate holders, the responsibilities are documented in operations specifications. Our team of Fort Lauderdale aircraft leasing lawyers is experienced in both wet and dry lease agreements.

Part 91 Dry Lease Basics

Part 91 is the Federal Aviation Administration (FAA) rule set for private, noncommercial operations. In a Part 91 dry lease, the lessee holds operational control and hires the crew. The lessor provides the aircraft only and does not offer transportation to the public.

If an arrangement includes aircraft and crew together or involves holding out to the public, Part 135 requirements may apply. For large aircraft, truth‑in‑leasing rules under 14 CFR 91.23 apply. The lease must include the required clause, FAA notice is required, and a copy of the lease must be kept on board.

Key terms we draft and review include the following:

Operational control statement and crew responsibilities
Maintenance duties, airworthiness records, and program enrollment
Insurance, indemnities, and limits
Permitted use, scheduling, and base and return conditions
Rent, minimums, and state sales and use tax considerations

Misclassifying an arrangement may result in FAA enforcement action and can significantly impact operations.

What Should I Include in a Dry Lease?

A dry lease allows an aircraft owner or airline to “rent” an aircraft without crew members. The lease agreement includes rental and operating terms that both parties must follow. A dry lease affords the lessee operational control over the plane.

Lease arrangements can blur the lines between aircraft owner and lessee, so it’s essential to have crystal clear guidelines and an enforceable contract written by an experienced aviation lawyer. Aero Law Center can facilitate a dry lease agreement with the following inclusions:

Outline of parties involved, including the aircraft owner (or another interested party) and the lessee
Specific terms and exclusivity, including the duration of the lease
A delivery and storage plan for the aircraft, including aircraft usage restrictions, how and where the aircraft will be stored, and an inspection plan
Payment arrangements between both parties
Operational control and specifications regarding operational management for each flight, whether it’s the aircraft owner or the lessee that “owns” control
Expenses involved and responsibilities for the aircraft owner, the lessee, or both
A maintenance plan outlining a schedule for inspections and preventative and general maintenance
Insurance coverage and the parties responsible for liability and physical damage, as well as indemnification

Aircraft owners and lessees can protect themselves with a credible lease agreement crafted by an experienced aviation attorney like Aero Law Center.

How Can a Fort Lauderdale Aircraft Leasing Lawyer Assist?

Aircraft owners who don’t have financing or upfront cash flow to acquire an aircraft or expand their fleet should consider leasing as a solution. Aero Law Center helps novice and seasoned aircraft owners enter into lease arrangements that align with their intended use and contractual objectives.

Our team provides clarity on lease structure, regulatory requirements, and contractual obligations. We help aircraft owners avoid pitfalls, such as hidden legal liabilities in the lease agreement process. Overall, our legal counsel aims to reduce the risk involved in aircraft leasing.

Our aircraft leasing attorneys in Fort Lauderdale provide efficient legal support. For example, we help both parties outline clearly defined terms and conditions that allocate risk and responsibility between the parties. We explicitly outline the following:

The party responsible for the insurance of the aircraft
The party responsible for an accident or injury on board in a wet lease
The party responsible for additional costs if the insurance policy coverage isn’t sufficient
The party responsible for any damage to the aircraft by crew members in a wet lease

Leases in the aviation industry require as much attention to detail as other finance transactions.

Call Aero Law Center for Help With an Aircraft Lease in Fort Lauderdale

Creating legal boundaries when leasing an aircraft can help you protect your best interests in aircraft transactions. At Aero Law Center, our aviation lawyers work to document lease terms that clearly define rights, responsibilities, and risk allocation when representing our clients and their aviation businesses.

Our firm focuses solely on aviation law. To discuss aircraft leasing options, request a complimentary initial consultation.

This content is for informational purposes only and does not constitute legal advice.

Aero Law Center’s main office is located in Fort Lauderdale, Florida. Our attorneys are licensed in Florida, New York, and Michigan. For state-specific legal issues outside of those jurisdictions, we coordinate with trusted local counsel while continuing to provide federal aviation law guidance.

The sooner you contact our team, the sooner we can put our years of expertise to use and ease you through the process.

Frequently Asked Questions & Support

The Federal Aviation Administration, or the “FAA” is an arm of the Department of Transportation (DOT). It controls aviation business matters, including air traffic management and the certification of personnel and aircraft. The FAA sets the standard for airport conditions and protects U.S. assets during the launch of commercial space vehicles. The FAA issues directives and legal regulations to ensure the safety of all airplanes, including mandated correction for any unsafe conditions in an aircraft. This could include an aircraft’s plane, engine, propeller, or appliance. All operators must conduct business compliantly and follow the FAA’s guidance and provisions, and any certifications must be present in the aircraft.

An FBO stands for Fixed Base Operator (FBO). FBOs operate like private terminals and facilitate private jet and charter operations. Commercial companies are given access by an airport to work on the grounds and provide flight services, fuel, parking, and hangar space. FBOs offer three tiers that provide different accommodations depending on the amount of traffic and size of the airport, including pilot lounges, restrooms and shower facilities, catering, aerial photography, parking, pilot instruction, private jet charter, and much more. Smaller and less busy airports might only offer basic amenities, while more significant, commercial airports have a full suite of extras, like waiting rooms, in-flight catering, and other conveniences.

According to the FAA’s strict aviation provisions and regulations, every aircraft must be deemed “airworthy” to fly. A Standard Airworthiness Certification is the Federal Aviation Administration’s (FAA) official authorization regarding the operation of type-certificated aircraft, including normal, utility, acrobatic, commuter, transport, manned free balloons, and special classes. All operators must have a Standard or Special Airworthiness Certification to prove the safety and condition of the aircraft. It must be publicly visible to all crew members, inspection companies, and passengers in the cockpit or cabin. Certification delays can cost pilots thousands, sometimes millions of dollars, though an aviation lawyer can provide helpful counsel to avoid mistakes and complete the process.

Sometimes mechanics are the only thing standing between the aircraft and a potential problem if an issue is overlooked or not properly taken care of. Maintenance facilities aren’t always at fault. However, suppose a plane crashes, and people are injured or killed. In that case, repair shops are often part of the legal investigation to uncover any mistakes, errors, or other issues that might have caused an accident. Malfunctioning equipment is one cause of crashes, electrical wiring issues, fitting of wrong parts, mistakes, leftover loose objects, incorrect installation of fuel or oil caps, and other similar mistakes are often looked at in a plane accident case.

A fractional jet ownership arrangement affords one or more operators to share in jet ownership through shares or equity in the aircraft. With this arrangement, operators can use the plane for a certain number of hours each year, as outlined in the contract. An interest in an aircraft defines a fractional ownership agreement; shares are sold to multiple owners based on 800 occupied hours and sold in fractions. The cost is divided among the total number of co-operators, and each person is responsible for their operational share. In such an arrangement, flying time typically ranges between 50 and 400 hours, and most jet shares will become multiple of one-sixteenth.

Hangar rash results from an airplane accident or damage to an airplane while being towed in the hangar, moved, or elements inside the hangar that cause physical harm, including falling parts, debris, and weather. Hangar keepers are responsible for any liabilities and unexpected damages to a client’s aircraft. The damage to an airplane can cost thousands to millions of dollars, which also impacts a plane’s overall resale value. Operators often utilize our services when their aircraft has been damaged in hangar storage, a hangar keeper is involved in a lawsuit due to plane damage, or owners need to protect their business from false allegations and lawsuits.

Depending on how much you fly or if you have considered turning your aviation passion into a business, there are various ways to get started outside of an aircraft purchase. Consider purpose, expenses and costs, usage, and other similar factors. Aero Law Center helps operators purchase an aircraft, consider financing options, and adhere to regulations or alternatives such as leasing or fractional ownership. With wet or dry leases, leasing is affordable and accessible with the benefit of fixed monthly payments. Buying shares or equity in an aircraft through fractional ownership is a similar and approachable option if an outright purchase isn’t in the cards.

Aircraft Leasing Lawyer in Fort Lauderdale