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  1. #1
    Join Date
    May 2019
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    2

    Default How to Evict a Boat Slip Renter

    My question involves Marina landlord-tenant law in the State of: Texas

    I own a slip on an inland Texas lake. The slip lease agreement was written as a "rent to own" process. The contract states if the Slip Renter payed all 60 rent payments on time (cannot have any 30 day late payments) and during that timeframe paid all marina association fees & assessments (cannot allow any marina association fees & assessments to become 30 days past due), then ownership of the slip would be conveyed to the Slip Renter. The contract also states the "rent to own" agreement would be void and the tenant would agree to remove their boat from the slip in the event the rent and/or fees & assessments became 30 days or more past due.

    The rent payments to me are current and up to date; however, the marina just informed me the renter is now 3 months (~$1900) past due on the marina association fees & assessments.

    The marina association has demanded that I pay the back association fees & assessments. If I do not pay, the marina association will begin legal action against me. It is my understanding the marina association's next step is to chain the renter's boat to the slip.

    I believe my tenant will continue to pay rent, hoping I won't evict. Must I continue to accept the rent payment? What process must be followed to legally evict this tenant?

    I am a senior on a fixed income who needs this money to survive, so I need to evict this tenant quickly to re-rent or sell outright.

    Any help would be most appreciated!

    Thank you,

  2. #2
    Join Date
    Mar 2013
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    16,862

    Default Re: Must Evict Boat Slip Renter (Tenant is Not a Live Aboard) on Texas Lake

    Quote Quoting Treemagnet
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    I believe my tenant will continue to pay rent, hoping I won't evict. Must I continue to accept the rent payment? What process must be followed to legally evict this tenant?

    I am a senior on a fixed income who needs this money to survive, so I need to evict this tenant quickly to re-rent or sell outright.
    Then you have a problem, because there is no such thing as "quickly" evict. It's a court process.

    Here is the Texas eviction statute:

    https://statutes.capitol.texas.gov/D.../htm/PR.24.htm

    The first step is addressed in 24.005(a). You have to put the tenant on 3 day notice that his is in default of your contract by not paying the marina and if he doesn't pay up the arrears by the end of the three days you will file for eviction through the courts.

    You made a colossal mistake the way that contract was written. You should have had the marina fees and the monthly rent payable to you, then you pay the marina. That way you would have known immediately if there was a payment issue.

    Now, you are the one that owes the marina the $1900.

  3. #3
    Join Date
    Jul 2018
    Posts
    1,283

    Default Re: Must Evict Boat Slip Renter (Tenant is Not a Live Aboard) on Texas Lake

    We haven't read your lease, and the chances anyone familiar with Texas law on this rather esoteric issue will happen upon your post are rather slim. I suggest you retain the services of a local attorney ASAP.

  4. #4
    Join Date
    Sep 2005
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    Default Re: How to Evict a Boat Slip Renter

    pg1067 is correct. This is apparently a home-brewed rent-to-own agreement, and thus your rights and remedies may be significantly affected by the content of the contract. Even if you had a lawyer draft the contract that would be the case, but in such a circumstance you are best served by seeking advice from your lawyer.

  5. #5
    Join Date
    May 2019
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    2

    Default Re: Must Evict Boat Slip Renter (Tenant is Not a Live Aboard) on Texas Lake

    Quote Quoting adjusterjack
    View Post

    The first step is addressed in 24.005(a). You have to put the tenant on 3 day notice that his is in default of your contract by not paying the marina and if he doesn't pay up the arrears by the end of the three days you will file for eviction through the courts.
    If the tenant and his boat venture from the slip after the 3 day notice expires, then may I legally chain the dock so the tenant's boat cannot reenter the slip? I would have no way of knowing whether the tenant intended to permanently remove the boat from the slip, although, there could be items left by the tenant on the dock, such as mooring lines, power cords, hose, and/or dock locker. Please note the boat in question is 44 feet length overall.

    Thanks again!

  6. #6
    Join Date
    Jan 2006
    Posts
    38,530

    Default Re: Must Evict Boat Slip Renter (Tenant is Not a Live Aboard) on Texas Lake

    You still really need to read your contract. Given it would be a valid presumption a boat would be taken out of slip from time to time, claiming you believe it was abandoned because the boat is not there is illogical.

    Chaining the slip would be really no different than changing the locks on the door of a home you rent out when the tenants you want to leave left the home to go grocery shopping.

    Given nobody here has read your contract, nobody can give you any dependable advice. Hire a lawyer to read your contract and advise you.

  7. #7
    Join Date
    Mar 2013
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    16,862

    Default Re: Must Evict Boat Slip Renter (Tenant is Not a Live Aboard) on Texas Lake

    Quote Quoting Treemagnet
    View Post
    If the tenant and his boat venture from the slip after the 3 day notice expires, then may I legally chain the dock so the tenant's boat cannot reenter the slip?
    Under some circumstances it might be legal, under others it might not.

    I think your situation falls under the Commercial Rental Property statute:
    https://statutes.capitol.texas.gov/D.../htm/PR.93.htm

    I'm not going to take the time to analyze it. If you read it carefully, I think what amounts to a lock out would subject you to a civil lawsuit for the penalties outlined in the statute.

    Don't take any chances.

    Have your rental agreement reviewed by a lawyer and have the lawyer handle the eviction in the proper manor.

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