We live aboard our boat in a marina in Southern California, and we recently received an eviction notice. The notice was actually described as a “Notice of Lease Termination,” but since we live aboard, it amounts to an eviction. The notice provided no reason for the eviction, but we believe that we are being discriminated against because our two small children live aboard with us. We have contacted two attorneys, but we have received two different opinions about our legal rights. The first attorney said that we were protected against this type of discrimination by various fair housing laws, but the other attorney advised that we are not protected by those laws because a slip tenancy is interpreted under federal maritime law. Can you shed some light on this?
A slip tenancy is indeed interpreted under maritime law principles, but the question of whether a tenant may be protected by federal or state fair housing law is a lot more complicated than simply deferring to maritime law.
When a state law and a federal law seem to address the same question, the federal law will be deemed to “preempt” the state law if the language of both statutes refers to the...
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3 Responses
I am already paying rent on the slip plus a live aboard fee. Recently the marina raised the slip fees AND raised the live aboard fees so that my monthly rent has gone up by $200 a month. Is this permissible?
I am really concerned regarding no protection what so-ever, the Port Authority Or the Marina has the control to increase any amount they wish. A great percentage of live aboard simply CANNOT LIVE ON LAND. The cost of living in a home, apartment or a mobile or manufactured home is simply unaffordable to retirees and seniors living on a fixed income, the increase cost of Insurance, utilities, on a boat are just as much as on land, HOA fees can make or break a family, YES we need PROTECTION and soon. A rebellion of some type needs to take place and more live aboard protection is need. STOP LOOK & LISTEN , we don’t want the waterfronts to look like a slum as well, or a housing project.
I feel no sympathy towards this “rebellion.” We make choices in our lives. Others do too.
I liveaboard my vessel at my marina and am in good standing with both my dock community and management. The bottom line is that we’re in a business partnership: they supply the space for a boat, we supply the money for the space–simple enough.
This whole “poor me” mentality and victimhood of blame and condescension is senseless and infantile. Please consider your life choices before blaming “the system” for where you ended up calling “good enough.”
The stigma liveaboards get is that of sedation.. taking to a sedentary lifestyle of bare minimalism. We all can’t be held to this low standard, and when you say something like “they have no right to [enter disagreement],” you’re really just saying how limited your perspective is.
Let’s all do the world a favor and roll with the punches, because getting hit with the signs of the times doesn’t equate to being a productive member of society, no matter how thinly you slice the pie. Get over the fact that you entered into a contractual agreement where you have no legal standing and quit trying to stand there… plenty of boat owners would be happy to take your spot, and the marina knows this.
There’s a saying where I come from:
“Too many boats, not enough slips.”
That’s the bottom line in maritime supply and demand. Grow up or suffer in the shade.