Can I use a month-to-month handshake deal for truck parking spots?

A month-to-month oral agreement is less risky than a multi-year oral deal, but the statute-of-frauds threshold varies by state and can turn on lease term, dollar amount, or both, so not every state draws the line at one year. In Texas, Texas Business & Commerce Code § 26.01 sets the threshold, but your state may differ. Even for short terms, a written agreement protects you on deposit disputes, abandoned trailers, and access rights.

What happens if a carrier abandons a trailer on my yard and stops paying?

Your remedy depends on your state's lien statute for stored vehicles. Texas Property Code Chapter 70 and Georgia Code Title 44 both address lien rights on stored property, but the notice requirements and sale procedures differ. Your lease should reference the applicable lien statute and spell out the steps you will follow, because acting without following the statutory procedure can expose you to liability.

Do I need to include insurance requirements in the lease?

Yes. The lease should state the minimum liability coverage each carrier must carry and require proof of coverage before a driver takes possession of a spot. For carriers operating in interstate commerce, 49 CFR Part 376 also requires the lease to state who is responsible for liability insurance, so federal rules reinforce what good practice already demands.

Can I raise rent mid-lease on a truck parking spot?

Commercial leases carry fewer statutory protections than residential leases, so rent increases are largely governed by what the lease says rather than by statute. If your lease is silent on rent escalation, you generally cannot raise rent until the term ends and a new agreement is signed. Write an escalation clause into the lease at the start if you want the ability to adjust rent during the term.

Does zoning affect whether my truck-yard lease is enforceable?

Yes. Local zoning law determines whether a parcel may be used as a truck yard at all, and many municipalities prohibit commercial vehicle storage in areas not specifically zoned for it. A lease clause permitting truck parking on an improperly zoned site can be void, leaving you with no enforceable agreement and potential code-enforcement exposure. Confirm the zoning classification with your local planning department before signing any lease.

Truck & trailer yards

What should a truck parking lease include?

By Evan Thomas, Co-founder, Propty

One of the sibling co-founders of Propty, from a family of property operators.

Published 2026-10-14 · Last reviewed 2026-10-14

Title card for the truck & trailer yards answer: What should a truck parking lease include?

A truck-yard lease must be in writing if it runs longer than one year, must name the exact spots being leased, set rent and deposit terms, define permitted use as vehicle and trailer storage, assign insurance and maintenance obligations, and state notice periods for termination.

Key points

Any truck-yard lease longer than one year must be in writing and signed under the statute of frauds, which in Texas is codified at Texas Business & Commerce Code § 26.01 and Texas Property Code § 5.021.
If your tenants operate commercial motor vehicles in interstate commerce, federal regulations at 49 CFR Part 376 impose additional disclosure requirements on the lease itself, including who pays for permits, licenses, and liability insurance.
Local zoning law determines whether your parcel can legally be used as a truck yard at all, and a lease clause permitting truck parking is void if the site is not properly zoned for heavy-vehicle storage.
Security-deposit rules, return timelines, and lien rights on stored vehicles vary by state, so the governing state must be identified before you draft the lease.
Call a local attorney before signing any lease over one year, before leasing to a carrier operating in interstate commerce, or any time the parties disagree on deposit limits or early-termination remedies.

If any tenant hauls freight across state lines, federal regulations at 49 CFR Part 376 add disclosure requirements on top of state law.

Rules on deposits, lien rights, and eviction differ by state, so the governing state determines what the lease must say.

What clauses does every truck-yard lease need?

Start with the premises description. Name the specific spots or the acreage, describe access points, and state whether drivers can enter after hours. A vague description creates disputes the moment a carrier parks a tractor in a spot you consider off-limits.

Permitted use should be written narrowly: storage of tractors, trailers, and commercial vehicles only. That language keeps you from inheriting a repair shop or a dispatch office you never agreed to host.

Rent amount, due date, and late fees belong in the same paragraph. Security deposit terms go right after. Under Texas Property Code §§ 93.004 to 93.011, commercial landlord-tenant duties including security-deposit handling are codified, but no equivalent uniform chapter exists in every state, so the return timeline and any interest requirement depend entirely on where your yard sits.

Insurance requirements, maintenance obligations, subletting restrictions, and termination notice periods are the remaining core clauses. Omitting any of them creates enforceability risk under state statute-of-frauds doctrine.

Why does the lease have to be in writing?

Most states impose a statute of frauds requiring any commercial lease longer than one year to be in writing and signed by the party to be charged. In Texas this requirement is codified at Texas Business & Commerce Code § 26.01 and Texas Property Code § 5.021. An oral truck-yard lease beyond one year is not enforceable in Texas courts.

The practical consequence is straightforward. A carrier who stops paying after month fourteen can walk away from an oral deal, and you have no written agreement to take to court. Get it signed before the first tractor rolls in.

What if my tenants haul freight across state lines?

Federal regulations at 49 CFR Part 376, known as the Truth in Leasing rules, impose additional disclosure requirements on the lease contract itself when a tenant operates commercial motor vehicles in interstate commerce. The lease must state who pays for permits, licenses, and liability insurance.

Under 49 CFR § 376.11(c)(2), a copy of the lease must be carried in the vehicle for the duration of the lease, or the carrier must prepare a certifying statement naming the owner, lease dates, commodity restrictions, and the address where the original is kept. If you lease spots to a carrier and that carrier hauls regulated freight, your lease form needs to meet federal standards, not just your state's landlord-tenant rules.

These federal requirements apply regardless of which state your yard is in. A one-page handshake deal does not satisfy 49 CFR Part 376.

What determines how the rules differ from state to state?

Four things drive the variation. First, whether the state has a dedicated commercial landlord-tenant act or relies on contract common law. Second, the state's statute-of-frauds threshold, which can turn on lease term, dollar amount, or both. Third, local zoning classifications for heavy-vehicle storage. Fourth, whether the state gives you a lien on stored vehicles.

Texas Property Code Chapter 70 and Georgia Code Title 44 both address lien rights on stored vehicles, but the procedures differ. If a carrier abandons a trailer on your yard and stops paying, the steps you follow to claim or sell that trailer depend on which state's lien statute applies.

Local zoning law is the piece operators most often overlook. A municipality can prohibit commercial vehicle storage in areas not specifically zoned for it, meaning a lease clause permitting truck parking is void if the site is improperly zoned. Confirm zoning before you sign anything.

How do security deposits work in a commercial truck-yard lease?

Commercial leases carry fewer statutory protections than residential leases because the parties are expected to negotiate the terms themselves. Deposit amounts, return timelines, and conditions for withholding are largely set by the lease rather than mandated by law.

Texas Property Code §§ 93.004 to 93.011 govern commercial landlord-tenant duties in Texas, including deposit handling. Other states have their own rules or none at all, and the research notes that state-to-state variation in deposit law is one of the material differences an operator must identify before drafting. Write the deposit terms into the lease in plain language: the dollar amount, the conditions under which you can deduct, and the timeline for return. Do not assume the statute fills in what you leave out.

When should you call a local attorney?

Call before you draft if the lease term exceeds one year, because the statute of frauds applies and the exact requirements differ by state. Call if your yard sits in a municipality with heavy-vehicle zoning restrictions, because a lease on an improperly zoned parcel can be unenforceable from day one.

Call if any tenant operates commercial motor vehicles in interstate commerce, because 49 CFR Part 376 imposes federal requirements on top of state law. Call any time the parties disagree on deposit limits, lien rights on abandoned trailers, or early-termination remedies, because those issues turn on state-specific statutes that vary materially.

A local attorney familiar with your state's commercial landlord-tenant law and local zoning code is the right person to review the draft. That review is far cheaper than litigating a disputed tenancy.

What should you do next?

Confirm your yard's zoning classification with your local planning department before offering any spots for lease.
Identify the governing state and ask a local attorney which commercial landlord-tenant statute and lien statute for stored vehicles apply to your situation.
Determine whether any prospective tenant operates CMVs in interstate commerce; if so, your lease must comply with 49 CFR Part 376, including the copy-in-vehicle requirement under § 376.11(c)(2).
Draft a written lease covering premises description, permitted use, rent, deposit, insurance, maintenance, subletting, and termination notice, referencing Texas Business & Commerce Code § 26.01 or your state's equivalent statute-of-frauds provision.
Have a local attorney review the draft before the first carrier signs, particularly if the term exceeds one year or the tenant hauls regulated freight.

Where does Propty fit?

Propty sends paperwork reminders at 30, 14 and 3 days, including chasing insurance certificates.

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Sources

Statute references are current to our research and are not legal advice. Verify against current law in your state before acting.

Related questions

Can I use a month-to-month handshake deal for truck parking spots?: A month-to-month oral agreement is less risky than a multi-year oral deal, but the statute-of-frauds threshold varies by state and can turn on lease term, dollar amount, or both, so not every state draws the line at one year. In Texas, Texas Business & Commerce Code § 26.01 sets the threshold, but your state may differ. Even for short terms, a written agreement protects you on deposit disputes, abandoned trailers, and access rights.
What happens if a carrier abandons a trailer on my yard and stops paying?: Your remedy depends on your state's lien statute for stored vehicles. Texas Property Code Chapter 70 and Georgia Code Title 44 both address lien rights on stored property, but the notice requirements and sale procedures differ. Your lease should reference the applicable lien statute and spell out the steps you will follow, because acting without following the statutory procedure can expose you to liability.
Do I need to include insurance requirements in the lease?: Yes. The lease should state the minimum liability coverage each carrier must carry and require proof of coverage before a driver takes possession of a spot. For carriers operating in interstate commerce, 49 CFR Part 376 also requires the lease to state who is responsible for liability insurance, so federal rules reinforce what good practice already demands.
Can I raise rent mid-lease on a truck parking spot?: Commercial leases carry fewer statutory protections than residential leases, so rent increases are largely governed by what the lease says rather than by statute. If your lease is silent on rent escalation, you generally cannot raise rent until the term ends and a new agreement is signed. Write an escalation clause into the lease at the start if you want the ability to adjust rent during the term.
Does zoning affect whether my truck-yard lease is enforceable?: Yes. Local zoning law determines whether a parcel may be used as a truck yard at all, and many municipalities prohibit commercial vehicle storage in areas not specifically zoned for it. A lease clause permitting truck parking on an improperly zoned site can be void, leaving you with no enforceable agreement and potential code-enforcement exposure. Confirm the zoning classification with your local planning department before signing any lease.

About the author

Evan Thomas

Co-founder, Propty

Evan Thomas is a co-founder of Propty, which he started with his siblings in Austin, Texas, in 2025. He grew up in a family that owns and runs properties, so the problems Propty works on are the ones he watched his family handle: phones that ring after hours, renters waiting on answers, repairs that need a vendor today. At Propty he leads the product and the go-to-market, and he writes about what operators of self storage, mobile home parks, marinas, campgrounds and other property businesses can do to answer every customer and keep their properties running.