Evicting Boat Owners From Docks: Understanding Your Legal Rights

Evicting a boat owner from a dock can be a complex process that depends on several factors, including the location of the dock, the type of agreement between the boat owner and the dock owner, and the specific circumstances leading to the eviction. In general, boat slip rental agreements are subject to federal admiralty jurisdiction and are considered a form of commercial tenancy, even if the boat owner lives on the boat. This means that the consumer protections available to residential tenants may not apply to marina tenants.

The eviction process can vary depending on the state and local laws. For example, in California, while a month-to-month slip lease can be terminated without cause with 30 days' notice, the eviction of a delinquent boat owner can be complicated and may require legal action. In Texas, the eviction process involves providing the tenant with a 3-day notice of default before filing for eviction in court.

It is important to note that self-help measures, such as setting the boat adrift or chaining the dock, are generally not recommended. Instead, it is advisable to seek legal assistance from a maritime attorney or a lawyer familiar with local landlord-tenant laws to ensure that the eviction is handled correctly and in accordance with the law.

Consult a maritime attorney to understand your rights and obligations

If you are a boat owner facing eviction from a dock, or a dock owner seeking to evict a boat, it is important to consult a maritime attorney to understand your rights and obligations. Marina slip rental agreements are subject to federal admiralty jurisdiction and are generally considered a form of commercial tenancy, even if the boat owner lives aboard. This means that consumer protections available to residential tenants may not be available to marina tenants. However, state law remedies may be applicable in certain circumstances.

In the case of delinquent rental payments, a marina operator will need to pursue collection of the unpaid rent and also deal with the eviction and removal of the boat from its slip. This can be a complicated process, as the boat cannot simply be set adrift, and there may be limited options for storing the evicted vessel. It is important to understand that the eviction process does not affect the boat owner's rights or the title of the boat.

To evict a boat owner from a dock, it is crucial to follow the proper legal procedures. A maritime attorney can guide you through the specific laws and regulations that apply to your situation. They can also advise you on the potential complexities and costs involved in the eviction process. For example, in some cases, a breach of a marina tenancy agreement for a documented vessel may give rise to a maritime lien, requiring an "in rem" action against the vessel in Federal Court. This can be an expensive procedure and may not be a feasible option for smaller marinas.

Additionally, it is important to note that dockage agreements are maritime contracts and do not necessarily need to be in writing to be enforceable. Evicting a vessel from a dock on navigable waters can be complex and may vary depending on the specific state and federal laws that apply. A maritime attorney can help you navigate these complexities and ensure that you take the appropriate legal steps to protect your rights and interests.

Serve the boat owner with a notice to vacate

To serve a boat owner with a notice to vacate, you must first check the rental agreement for any terms that may be relevant to the eviction. It is important to note that the rental agreement is a maritime contract, which means it is subject to federal admiralty jurisdiction. This means that the contract does not need to be in writing to be enforceable.

In the case of a month-to-month slip lease, the lease may be terminated without cause, with 30 days' notice. However, this may vary depending on the state. For example, in Florida, a seven-day notice to cure a lease violation is required.

Once you have determined the required notice period, you should put the boat owner on written notice, stating that they are in default of the contract and specifying the amount of arrears owed. This notice should also include a deadline by which the boat owner must pay the arrears to avoid eviction. It is important to follow the correct procedure, as self-help measures such as setting the boat adrift or cutting off power and water are not permitted.

If the boat owner does not pay the arrears by the deadline, the next step is to file for eviction through the courts. This process can be complicated and expensive, so it is recommended to consult with a maritime attorney or seek legal advice specific to your jurisdiction.

File for eviction in court

If you are looking to evict a boat owner from a dock, it is important to note that this is a complicated process that varies depending on your location. Marina slip rental agreements are subject to federal admiralty jurisdiction and are generally characterized as a form of commercial tenancy, even if the boat owner lives aboard the boat. This means that the consumer protections available to residential tenants may not be available to marina tenants.

In the United States, boats on navigable water (generally, water attached to an ocean, including inland waterways), rivers, and some lakes, are subject to federal maritime law. If the boat in question falls under this category, you can get it removed by going to court. Note that this may be quite expensive. If the boat has value, you can go to a Federal Court. If not, then it may be possible to proceed in State Court.

In California, for example, the "Boaters Lien Law" provides guidance for the eviction of a boat from a marina, but it is only applicable to DMV-registered vessels. The law allows for a private lien sale to be conducted with the assistance of the Department of Motor Vehicles, after which the new owner will take possession of the boat.

In Texas, the first step in the eviction process is to put the tenant on a three-day notice that they are in default of the contract by not paying the marina. If the tenant does not pay the arrears by the end of the three days, you can then file for eviction through the courts.

It is important to consult with a maritime attorney or a lawyer familiar with local laws to ensure that you follow the correct legal procedures for eviction.

Understand the difference between state and federal law

The eviction of a boat owner from a dock is a complex issue that involves a mix of state and federal laws. While the specific process can vary depending on the state and local regulations, understanding the difference between state and federal law in this context is crucial.

State laws are the rules and regulations established by each individual state government. In the context of evictions, state laws often play a significant role in governing the process. Most states have their own regulations regarding residential renting, including the eviction process. Many states base their laws on the Uniform Residential Landlord And Tenant Act (URLTA) or the Model Residential Landlord-Tenant Code. These laws outline the rights and responsibilities of both landlords and tenants, including the reasons for which a landlord may evict a tenant and the procedures that must be followed. State laws may also vary depending on whether the tenancy is commercial or residential, with different protections afforded to each type of tenant.

Federal laws, on the other hand, are the laws that apply across the entire country and are established by the United States federal government. In the context of evictions, there are relatively few federal laws that directly address the process. However, federal laws primarily deal with discriminatory housing practices and protecting the rights of tenants. For example, federal laws prohibit landlords from evicting tenants based on protected characteristics such as race, colour, national origin, religion, sex, familial status, or disability. Federal laws also address the eviction process for tenants in federally-funded public housing or housing that receives certain types of federal financial assistance.

In the case of boat evictions, the situation becomes more complex due to the involvement of maritime law. Marina slip rental agreements are subject to federal admiralty jurisdiction, which considers them a form of commercial tenancy, even if the boat owner lives aboard. While federal jurisdiction applies, state law remedies may also be available in certain circumstances. Additionally, the eviction of a boat owner from a dock may fall under the purview of state unlawful detainer procedures, which can be used for the eviction of both state and federally registered boats.

It's important to note that the interplay between state and federal laws can vary from state to state and may be further influenced by local laws and regulations. As such, it is always advisable to consult with a licensed attorney, particularly one specialising in maritime law, to understand the specific laws and procedures applicable to your situation.

Be aware of the complications of removing a boat from a slip

Another complication arises from the fact that boats on navigable water are subject to federal maritime law, which can be expensive to navigate. If the boat has value, you may need to go through the Federal court system, whereas a boat of lesser value may be able to be handled in State Court.

Additionally, the definition of a "boat slip" can be ambiguous and the subject of legal disputes. For instance, does it refer to the physical space where a boat can "slip" in and out, or the physical items associated with that space, like piers, pilings, ramps, and docks? The rights to use the navigable waters adjacent to land and the ownership and control of docks, ramps, and piers should be clearly defined in important legal documents. If not, boat slip rights can be lost.

Furthermore, the ownership of the land and water where the boat slip is located can be a point of contention. While the state owns the navigable waters and the submerged land underneath, the adjacent upland owner may have "riparian rights", which include the right of direct access to the water and the right to construct wharves, piers, or landings. These rights are not absolute, however, as they are limited by the public's right to boat, swim, and fish in those waters.

Finally, the process of removing a boat from a slip can be physically challenging and time-consuming. This is especially true if the boat has been in the water for an extended period and has accumulated a significant amount of algae or other marine growth on its hull. Proper cleaning and maintenance will be required to ensure the boat is safe and operational after removal.

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