On the hard-unseaworthy & eviction notice from marina

Is the owner Harry Helpless? He can't find an attorney in his area? Has he called them all? I don't know any there as I don't even know where he is. He hasn't been set to sea so the 46USC10908 isn't relevant. He's been told to move the boat. Time passes and he's not repairing it, not making it seaworthy, and not talking to boat movers. Yes, it may be costly to move depending on where and how far. None of us know where it is or what is available there.

The clock is ticking and has the owner done one constructive thing? His own behavior and attitude got him into this and is keeping him there. You don't like this dwelling on the owners actions and inactions, but that's what this is all about. He can whine about being poor mistreated owner all he wants, but that gets him nowhere. I'm sure he hasn't even apologized for his actions and he may not want to but that might buy him a few days. How long has this boat been sitting in the yard unusable? I'd bet this is not his first run in with the yard. Give me his location and I'll have you ten lawyers for him to call as I know how to Google. But then he could do that.

The most an attorney can do for him is through legal action buy him a little more time. Not months more, but days more.

Now, a few words about my understanding (non lawyer) of what a cease and desist letter does. It's a warning letter, nothing more really. It says "if you don't do this by x date we may sue you." Nothing happens on that day more than that. Simply, you ignore this and we'll do more. The more can be many things but mostly likely is filing a notice of eviction which gives 15 days and can end up more if he fights it. He better be sure to continue paying rent during this time as a notice for non-payment only requires 3 days.

An attorney could likely negotiate with their attorney to buy him more time, after the 30 days and before suit, but what we're seeing so far is he isn't using the time he's got and don't really know why. That's because we're not getting the full story of the history.

There is no excuse not to move the boat in 30 days unless it is in far worse condition than we've been told. When was it last moved?

My best suggestion would be to have the owner go to the yard with his tail between his legs and apologize. Speak to them nicely and see what his options are, can it stay, does it have to leave, etc. He is going to need the yard in one way or another, either to load it on a truck or put it in the water. The other thing is, why doesn't he simply install the rudders and shaft(s) and make the boat seaworthy. My guess is this is a degrading project boat that was sunk, probably doesn't even have working engines, a boat that will never see water again in it's life and the yard wants it out of their either for fear of eventual abandonment because it's in such poor shape, or it's such an eyesore they don't want it there, or the work the owner is doing is damaging other boats (overspray etc.), or lack of payment. The owner needs to focus on getting it moved, either via truck or by water. What is a lawyer going to do for him, the yard doesn't want the boat in their yard anymore. We are all speculating because you haven't given us the necessary details. I agree, the owner should be able to find a lawyer without an issue. But, you haven't even given us the town, so that someone can suggest one. Central Florida is quite a broad description. What it sounds like to me is another pipe dreamer who bought a project yacht and doesn't have the money to fix it, doesn't have the money to move it, and the marina whose seen this scenario a 100 times is afraid of eventually owning it. The marina probably sees the guy taking all of his stuff off of it, and thinks he's going to simply stop paying the rent (if he hasn't already). There is also more to this story than we know.

What does the initial thread with the comment that the yard closed 1 day before the port closed with a hurricane coming have to do with anything. There was no way the boat was going anywhere in a day anyways.

I'm a simple guy - the facts you lay out do not lead to the result you describe in the ordinary course of life, IMO.

Is your friend actually you?

This is a disagreement between a month to month tenant and the landlord. Circumstances don't matter, the landlord or tenant can give minimum 15 day written notice to vacate in current monthly period without reason. Boat owner needs to know that the landlord can double the rent as a holdover plus attorney fee's. Best to just move on and find a new place to store boat.

You don't get to decide what is germane. What's happened before is. What he did on the day in question is. What he's doing about moving the boat is. What he's done about finding a lawyer is. Whether he's found another yard that will take it. It's all part and parcel of the entire situation. It's his behavior that got him into the jam and apparently he's doing nothing to get himself out of it.

Was my comment about knowing how to google condescending? Absolutely. When I hear someone say they can't find a lawyer and I know how many there are out there, then I just don't understand what their excuse is.

Apparently, you came here wanting us all to pile in on the marina and how awful they were and how they're breaking laws and once we didn't do that, you didn't like anything said. We made many suggestions, all of which you said were no good for various reasons. Here are suggestions made and dismissed by you:

1. Fix the boat and launch it and get it towed.
2. Have the boat moved on land.
3. Get an attorney.
4. Talk to the marina and apologize. Try to get more time.

We also offered the following opinions and information:

1. It's contract law, not maritime law. It's commercial rental law.
2. What a cease and desist order is and isn't. It's a notice of potential suit, not an eviction. An eviction can follow.

Got it, likely they will work this out. Doesn't sound like the boat owner is trying to stiff the yard.