Going to show my ignorance here...

[Brian D]

I mentioned that I was getting a new slip. This Saturday I will go to the new marina and do the paperwork. In my old marina, I had to give 30 days notice which I did on Aug 11th.

Here is where my ignorance in these matters comes in to play. Can I move my boat on the 23rd without violation of my lease agreement? Or, must I wait the entire 30 days. I know I am responsible for the slip rent until 9/11, but can I leave earlier than that.

Sorry for the non-sailing related question. Thanks

 

[Dennis W.]

Moving Your Boat

Brian, Once you've given notice it will work one of two ways. 1st option is that you can not move until the 30 Days are up, and you can not use or take your boat out of the slip for any reason. Your second choice is to move to your new slip as soon as it's ready, or take a trip to the Coronados, or to Catalina until the 30 days have expired. Then just never go back, unless you miss eating at Bob's on The Bay.

 

[Seattle Scott]

Sure leave when you want

I have never heard of a slip contract that said you had to keep you boat there everynight. The only wrinkle I have seen is a provision that says I actually own the boat in the slip ( I guess to keep out speculators). My marina does allow short term subleases, if yours is the same maybe tell marina slip is avilable before end of month and if there is a wait list, you might get a 1/2 month sublease payment from the new tenant.

 

[Tim R.]

Why not make a deal

with the marina that refunds some of your money if they rent your slip?

Seems like a workable solution.

Otherwise I would agree with Dennis.

 

[Napa Ed]

sail whenever I want

have to keep the boat in the slip? I don't think so. 30 notice just means you're paying for the slip prorated per diem for 30 days after giving notice. They just want their money. You can vacate whenever you want.

 

[wchevron]

i agree with ed

you should be able to leave whenever you want. what if you were taking a month long trip. would you have to ask the marina's permission. if you decided to rent a condo in hawaii for 3 months, paid in full, then 2 months into it decided you wanted to go somewhere else, would you ask the condo owners permission if you could leave?

 

[Don S/V ILLusion]

Can I move my boat on the 23rd without violation of my lease agreement?

what does the language in your lease agreement state?
Te answer should be there, not here

 

[Ctskip]

as long as its paid for

you can go anywhere you want, anytime you want. This is still America

Keep it up,
Ctskip

 

[Ross]

The management just wants to know that the slip will

be vacant after a given date. I doubt if they care if you scuttle you boat and jump off a bridge as long as they know you ain't coming back.

 

[Brian D]

I probably agree with most of you...

Don, the language of the lease:

30-DAY NOTICE As stated in your License Agreement, a thirty-day notice is required prior to vacating and must be in writing. Security deposits cannot be used in lieu of payment for the final months slip fees. Failure to provide proper notice will result in forfeiture of you deposit.

 

[Don S/V ILLusion]

I think you're good to go Brian

Taken literally, I can see your confusion in that it is worded poorly to imply they require 30 days advance notice before you vacate the slip under penalty of loss of your deposit. They cannot ordinarily and without cause restrain you from the the free use of your boat, however, they could give you a hard time with the deposit if they wanted to get picky if you permanently leave within 30 days of notice.
If you are concerned, I'd suggest you talk to a local attorney familiar with CA. property law as they cannot re-lease the slip until the lease termination notice expires, regardless of when you leave, and they might claim damages (although that would be a stretch) as a basis to justify keeping your deposit.

 

[Ross]

The wording of the lease is ambigous. "The security

deposit may not be used in lieu of the final month's rent. But if the slip is vacated without notice the security deposit is forfit." So What? they sue for the last month's rent?
I think that they would like when you pay you rent that you also say "this will be my last month". Than you get you deposit back and everybody is happy. They can rent the slip and not fear that you went on an extended voyage and plan to come back and play catch up with your rent.

 

[Dennis W.]

Re: My Previous Post

The point of my previous post was to inject some humor by giving such broad alternatives. Brian, since you have paid for the use of two slips, the one your moving to and the one your vacating, it is entirely up to you where you stay or keep your boat. I assumed that Catalina or the Coronados would be preferred over either slip and would help highlight my poor attempt at humor. If there was a misunderstanding, I apologize.

 

[Brian D]

Dennis...

I read, I laughed, I understood, and I thought it a good [sic] idea also, however... No apology is necessary or required. Your humor worked on me.

 

[Joe]

Rental agreements...

First, an obvious question: what did the marina manager tell you?
There is nothing ambiguous about Califorinia real estate contracts. Your confusion is the meaning of the term "vacate". Besides moving your stuff, it means to discontinue the agreement.

The thirty day notice clause is to insure you pay the rent through the term of your agreement, instead of "vacating" the agreement by saying "just keep the security deposit." I advise you to read the entire contract and note what the security deposit covers. It is not pre-paid rent.

You cannot "vacate" your rental agreement (which is a right to occupy) unless you give written notice thirty days prior to your intended departure from that agreement. You can physically move your possesions at any time prior to the final move out date. You are simply obligated to pay the final month's rent..... just like you would in any real estate rental agreement.

You aren't entitled to any reimbursement if you move your boat early, because you still have the right to occupy up to the final date. If you can prove management rented out your slip before your agreement terminated you could probably ask for a proration, or sue them.... but that's probably not going to happen. Chances are they will use it as a guest slip until the new lessee moves in... and there will be a provision in your contract that allows them to do that, so you won't be entitled to any compensation.

However.... read your contract, it will cover all this... then go into the marina office and ask the manager these questions.