Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I am a member of a volunteer fire company within a village in New York. We are a part of a fire department that has two fire companies. The members of our fire company purchased our fire house for some time now. So our members own and maintain our fire house as well as the property. The other fire company of the department had our village build them a new fire house which the village owns and maintains. Since we own our fire house the village pays us rent for where the fire trucks and other fire equipment that the village owns is kept. This is because an agreement of a lease was signed a long time ago by members of our company and the village. Due to inflation and rising costs the amount we receive from the village is not enough to cover the cost of maintaining the fire trucks and equipment. The lease was also set up so that in a few years the amount we receive goes down. This is not efficient to properly take care of the fire equipment. Is it possible for us to up our lease or to make changes to it, since we technically are the landlords and the village pays us rent to house the trucks and equipment? I thank you for taking the time to read and respond to my question.”
To begin with, you would need to review the lease between your company and the town to determine what rights either party has. There might be some overriding local ordinances, but my guess is that the lease would provide most of the answers you seek. In general, I’m not aware of any special rules that apply to landlord-tenant situations just because one party is a fire company and the other party is the town.
