marina lease contract

sawingknots · #1 (**permalink**) 07-17-2011

i'm sure this topic must have came up before but i can't find it,every marina contract i've saw have gobs of provisions protecting,ensuring and gives the marina specific rights but none i've saw makes any provisions for the leasee's rights,can these contracts be legal? for instance if i agree to a one year contract and my slip becomes unsafe or unusible do i have any recoarse but to leave and if i do what happenes to the remaining contract,theres tons of info about renters rights[appartments ,houses etc]but i can't find anything pertaining to marinas.btw i'm not in any curent dispute

Silvio · #2 (**permalink**) 07-17-2011

Just a very broad and general thought here; in contract law the offerer (marina in this instance) is the master of the offer. If you agree to the terms of the offer and enter the contract willingly then typically you would be bound by the terms that you agreed to. Your most beneficial time to negotiate is BEFORE you sign a contract. If you don't agree with the terms and the offerer will not alter them then you should go somewhere else.

Good luck!

sawingknots · #3 (**permalink**) 07-17-2011

Quote:

Originally Posted by Silvio

Just a very broad and general thought here; in contract law the offerer (marina in this instance) is the master of the offer. If you agree to the terms of the offer and enter the contract willingly then typically you would be bound by the terms that you agreed to. Your most beneficial time to negotiate is BEFORE you sign a contract. If you don't agree with the terms and the offerer will not alter them then you should go somewhere else.

Good luck!

normally i would agree,however as most boater[sailors]know theres only so many marinas[slips] available in most areas because of local/state/fed.regulations,i would think this fact alone would [should] make marinas more user friendly.i suppose what i'm asking are there particular laws that provides some protection for boat owners or as boat owners are we becoming an endangered species

CaptainForce · #4 (**permalink**) 07-17-2011

I find the policies at some marinas easier to accept than others, but I rarely see requirements that I don't easily accept.......no open flames aboard (grills), no laundry hanging aboard, no for sale signs, no debris on the dock, etc. If I don't like it, today's slip availability on the East US Coast allows me to move. I did take a slip at a place last year where everyone was required to dock stern in and they didn't allow water hoses stored on the dock! I took my special offer of six months for five paid and they did have a nice pool, but I don't think I'll be back. I hear of waiting lists on the West US Coast, but here it's a buying market. If they require something that is unacceptable, there is usually another place. We cruised up the Patapsco to Baltimore July 1st and I did a little shopping for a two month stay. One marina was asking $1,200/month and 20 cents/ KwHr elec. and the other required $680/month and 15cents/KwHr. They both had a long list of "you are resonsible and may not do.....we are not responsible and we may do..........". It was a "no brainer", I'll pay less for the same lack of rights! Take care and joy, Aythya crew

wingNwing · #5 (**permalink**) 07-17-2011

My favorite is several marinas around here have a clause that helps them get rid of anti-social types. My contract reads in part, "congeniality is a requisite for any tenancy ... an owner may not conduct himself in a manner detrimental to ... any other owners."

sawingknots · #6 (**permalink**) 07-17-2011

i can agree with what you are saying,ofcoarse in a marina atmosphere ie trailor park,consideration for fellow inhabitants is very important as is marina property but come fall/cooler temps and huricane season i plan to be long gone from my current headache,to me a sailboat should spell freedom not bite your tongue,grin and bear it

sawingknots · #7 (**permalink**) 07-17-2011

Quote:

Originally Posted by wingNwing

My favorite is several marinas around here have a clause that helps them get rid of anti-social types. My contract reads in part, "congeniality is a requisite for any tenancy ... an owner may not conduct himself in a manner detrimental to ... any other owners."

ouch,does that mean i should kiss your a++ btw if you plz tell me what your area is i'll be sure to avoid it

Oldsoul · #8 (**permalink**) 07-17-2011

I'm guessing you're referring to most marinas stating that short of them pouring gasoline in you boat and setting fire to it, they aren't responsible for pretty much anything including quite a few things that would appear to constitute negligence on their part. These same contracts are basically silent or may even specifically state that the renter has no recourse for the marina's mistakes. Most of the marinas that I looked at in California had pretty much the same language. I ask one marina about adding in a few things and they stated that the corporate office wouldn't allow it and in a nice way said take it or leave it. Some of the choice marinas out here can have a several year waiting list so I just figured that I'd have to deal with it.

If there are rights afforded to those renting slips, they are probably state specific and I don't know of any.

sawingknots · #9 (**permalink**) 07-17-2011

thanks old soul for your insight,it would seem your right,i've had marinas board and move my boat for no apparent reason,once putting it directly across a very narrow finger and in line with the mast of another sailboat,another time it was draged by the dock line rubbing my hull across god knows what,and i only live 1 hour away and my phone number is on file,yup i suppose i'm an anti-social type

CaptainForce · #10 (**permalink**) 07-17-2011

Amazing! I can't imagine someone aboard my boat without my knowledge and moving it! I've never had anyone move my boat without a previous arranged work order from the boatyard to move it to the travel-lift. Sawingknots!-where are you and where do people behave this way? ..Aythya crew