Renter Protection For Live a boards?

[prajna101]

I know this is a legal question very specific to where you are. Does anyone have any experience with Landlord/Tenant law regarding live a boards? Does a live a board typically get the same renters protections as someone renting an apartment? Or maybe more comparably, a spot to park a mobile home?

For specifics, I live in Portland, Oregon, USA. Family of four on a 46 foot sailboat. Official live a boards in our marina with a marina lease and a live a board lease.

Thank you in advance.

[Alawaiorion]

We are in Honolulu and have lived aboard since 2003. The first marina we were in was private and there were several administrative rules that if broken, would result in being kicked out - no appeal - now we are in a state harbor and there seem to be no protections for permittees- that's what we are : not renters or tenants we are considered "permittees" where each year we apply to keep our slip, be inspected, demonstrate we have complied with insurance requirements, and do a buoy run to show seaworthyness. It any of those are not satisfied each year we are not issued a permit to keep our boat here - and yes as in many marinas we have a separate live aboard permit - The state can raise rates or change administrative rules without input from permittees.

[Montanan]

Tenancy laws are specific to each State:

References:

https://www.thelog.com/ask-the-attor...ina-evictions/

https://www.thelog.com/ask-the-attor...arina-tenancy/

https://www.boatingworld.com/askthea...ina-evictions/

Snipets:

We have addressed marina evictions in several previous installments of this column, and I am always saddened when I hear the stories that accompany the inquiries. But I simply have no good news for our readers on this issue.

My previous articles on marina evictions have generated quite a few comments from readers, including readers who are attorneys specializing in landlord — tenant law. They disagree with my conclusions regarding the limited nature of the remedies available to tenants who face eviction. But their comments reflect a misunderstanding of the nature of a marina tenancy. The bottom line is that a marina tenant, even a liveaboard tenant, is not renting a home. He or she is simply renting a parking space for a home that they already own.





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. Notwithstanding the federal jurisdiction, state law remedies are available under many circumstances. The tenancy falls somewhere between a storage facility and a space rental at a mobile home park, but unlike those two arrangements California law does not specifically address a marina tenancy.

As a commercial tenancy, the consumer protections that are available to residential tenants are generally not available to marina tenants. A Federal District Court addressed this in 1979 when it held that “The right to dock one’s boat at a particular berth or marina cannot be equated with the right to decent low-cost housing even if one chooses to live aboard the boat.” A month to month slip lease may therefore be terminated – without cause – on 30 days notice.

[Shrew]

I strongly suspect it is also a reason why so many marinas have verbiage in the contract prohibiting 'live aboards', yet many tolerate it. This gives them the ability to point to your contract and say "We're not subject to a Landlord/Tenant law because we don't allow liveaboards". It becomes a storage contract at that point.

[Montanan]

A vessel is not a RV but this might be as close as Oregon has as to similar laws.

https://www.oregonlaws.org/ors/90.230

ORS 90.230¹
Rental agreements for occupancy of recreational vehicle in park
• remedy for noncompliance
• exception

1)If a tenancy is for the occupancy of a recreational vehicle in a manufactured dwelling park, mobile home park or recreational vehicle park, all as defined in ORS 197.492 (Definitions for ORS 197.492 and 197.493), the landlord shall provide a written rental agreement for a month-to-month, week-to-week or fixed-term tenancy. The rental agreement must state:

(a)If applicable, that the tenancy may be terminated by the landlord under ORS 90.427 (Termination of tenancy without tenant cause) without cause upon 30 or 60 days’ written notice for a month-to-month tenancy or upon 10 days’ written notice for a week-to-week tenancy.

(b)That any accessory building or structure paid for or provided by the tenant belongs to the tenant and is subject to a demand by the landlord that the tenant remove the building or structure upon termination of the tenancy.

(c)That the tenancy is subject to the requirements of ORS 197.493 (Placement and occupancy of recreational vehicle) (1) for exemption from placement and occupancy restrictions.

(2)If a tenant described in subsection (1) of this section moves following termination of the tenancy by the landlord under ORS 90.427 (Termination of tenancy without tenant cause), and the landlord failed to provide the required written rental agreement before the beginning of the tenancy, the tenant may recover the tenant’s actual damages or twice the periodic rent, whichever is greater.

(3)If the occupancy fails at any time to comply with the requirements of ORS 197.493 (Placement and occupancy of recreational vehicle) (1) for exemption from placement and occupancy restrictions, and a state agency or local government requires the tenant to move as a result of the noncompliance, the tenant may recover the tenant’s actual damages or twice the periodic rent, whichever is greater. This subsection does not apply if the noncompliance was caused by the tenant.

(4)This section does not apply to a vacation occupancy. [2005 c.619 §14; 2011 c.42 §1a]

[Montanan]

Oregon has Floating Home laws, but a floating home is different from a boat as it typically requires fixed installed sewage systems and subject to building codes and they don't sail, whereas boats, well they are boats.

“Floating home” has the meaning given that term in ORS 830.700 (Definitions for ORS 830.060 to 830.140 and 830.700 to 830.870). “Floating home” includes an accessory building or structure.
ORS 830.700¹
Definitions for ORS 830.060 to 830.140 and 830.700 to 830.870

As used in ORS 830.060 (Consistency with federal law) to 830.140 (Boating Safety, Law Enforcement and Facility Account), 830.700 (Definitions for ORS 830.060 to 830.140 and 830.700 to 830.870) to 830.715 (Record of certificates and numbers), 830.725 (Distribution of lists of owners), 830.730 (False information prohibited), 830.770 (Certificate of number required on boat), 830.780 (Identifying number on forward half of boat), 830.785 (Application for boat number), 830.795 (Issuance of certificate of number and validation stickers) to 830.820 (Duplicate certificates or validation stickers) and 830.830 (Dealer or boat manufacturer number) to 830.870 (Duplicate certificate of title), unless the context requires otherwise:

(1)“Boat” means every description of watercraft used or capable of being used as a means of transportation on the water, but does not include aircraft equipped to land on water, boathouses, floating homes, air mattresses, beach and water toys or single inner tubes.

(2)“Boathouse” means a covered structure on floats or piles used for the protected moorage of boats.

(3)“Dealer” means a person who engages wholly or in part in the business of buying, selling or exchanging boats, floating homes or boathouses, either outright or on conditional sale, bailment lease, chattel mortgage or otherwise.

(4)“Floating home” means a moored structure that is secured to a pier or pilings and is used primarily as a domicile and not as a boat.

(5)“Operate” means to navigate or otherwise use a boat on water.

(6)“Owner” means a person or persons who have a property interest other than a security interest in a boat, floating home or boathouse and the right of use or possession of the boat, floating house or boathouse, but does not include a lessee.

(7)“Ownership” means a property interest other than a security interest.

(8)“Security interest” means an interest reserved or created by agreement which secures payment or performance of an obligation as more particularly defined by ORS 71.2010 (General definitions) (2)(ii).

(9)“State of principal use” means the state on whose waters a boat is used or to be used during most of a calendar year. [Formerly 488.705; 1999 c.59 §251; 2009 c.181 §110]

Reference:

When these laws don’t apply to you – Oregon Floating Home Owner News

When these laws don’t apply to you
What if I don’t fall under the category of floating homeowners that this website is geared to help?

If you answered “no” to any of the quiz conditions from the Home Page, look below to help point you in the right direction for assistance:

[denverd0n]

Originally Posted by Montanan

The bottom line is that a marina tenant, even a liveaboard tenant, is not renting a home. He or she is simply renting a parking space for a home that they already own.

I think this is the key point. All you are really renting, in a marina, is a parking place.

[Brewgyver]

Originally Posted by prajna101

(snip)
For specifics, I live in Portland, Oregon, USA. Family of four on a 46 foot sailboat. Official live a boards in our marina with a marina lease and a live a board lease.

Could you provide a few more specifics?
First, what is the driving issue here? It seems to have been assumed to be an eviction, but is it?
Is it your boat? Well maintained, etc.?
Is it a private marina, or owned by a Municipality?

[SVHarmonie]

You have no "renter protection" as a liveaboard on a boat. If you aren't happy with the way your marina treats you, untie your lines and MOVE. And as someone who has lived aboard a boat for 20 years at marinas and as a full time cruising vagabond, that's a damn good thing.

If the marina had to go through the typical land-based legal process for evicting a deadbeat or annoying liveaboard tenant they simply would NOT allow liveaboards. It would be the only rational choice.

I have seen a number of liveaboards booted from marinas. In almost every case they were obnoxious, anti-social A-holes. Everybody else who lived there was more than happy to see the backside of them.

As a rent-paying, rule-abiding, low-impact, marina tenant who actually sails the boat he lives on, I would fight ANY attempt to "protect my rights." Bad tenants are far more trouble for other tenants than they are for the landlord. If you don't agree, maybe you are one.

[Dave22q]

Seems to be confusion between renting a slip to live aboard and renting use of a boat located in a slip. The latter could get complicated in that the usual month to month slip rental can be terminated on a month or two notice and that is completely separate from the deal between boat owner and tenant which may be covered by landlord-tenant regulations.
From an owner perspective I can see leasing a power boat having disabled the engine but not a sail boat which might be easily towed even if engine is

disabled and sails removed although the money could be attractive.

[Boaterbird]

I have lived aboard in the Portland area for 20 years. I have lived in two different moorage and this last one was a privately owned marina. In November 2019 the harbormaster/landlord did not renew my lease. I was not given a reason why I had to leave and why the lease was not renewed. The harbor master then filed an FED on me and currently is held up in court because of a no evict order by Gov. Kate Brown. The reason why I fell under landlord tenant laws is simply I was fixed at that moorage for over 5 years my boat never moved. Not that it cannot move. It is fully operational but I use the boat strictly as a liveaboard. No cruising since being at this moorage. 5 years without incident I am fighting the FED. I have a Oregon landlord/tenant attorney. He has instructed me to stay put until a judge in multnomah County picks up the case. I've been locked out for 20 days of the moorage. My lawyer told me that a lock out could cost the owner $25k. Long story short...part of the desire to liveaboard is the serene atmosphere and laid back lifestyle of downsizing your living situation. I don't need all the chaos this has cause me and certainly made life hell living in that moorage. It's not worth the headache. The stress is not conducive to how I live my life. Nobody wants to go thru a possible FED and if a judge orders you to leave, 10-days..your out. The rule on my case will not go forward as an eviction on my record. The harbor master didn't know what she was doing and filed the FED incorrectly. Basically not worth the hassle but if your boat stays stationary for 5 years or more then the only way to have a liveaboard removed is to be evicted. Any boat used as domicile that has been fixed in a moorage for 5 years or better qualifies a person under landlord / tenant rights. Get a lawyer!