Have a local attorney review the final document.
What do you need before you draft the agreement?
Gather the vessel information first. You cannot write a compliant agreement without it, and in some states you are legally required to record it at signing.
Under RCW 88.02.420, Washington State requires any moorage provider offering long-term moorage, meaning more than 30 consecutive days, to collect and record the legal owner's name, hull identification number, Coast Guard documentation number if applicable, home port, vessel country and state of registration, and registration number, along with proof of vessel registration.
Even if your state has no equivalent statute, collecting this information protects you if the vessel is later abandoned or the boater defaults. Your existing /learn article on abandoned boats covers what happens after that point.
Before you start drafting, have on hand: the vessel's current registration card, proof of liability insurance, and the boater's government-issued ID. Decide whether you will allow liveaboards, because that single decision changes which clauses you need.
What clauses belong in every slip agreement?
These are the core provisions every marina operator should include, regardless of state.
Parties and vessel identification. Name the marina, the boater, and the vessel. Record the hull identification number, registration number, and state of registration.
Slip assignment and term. Name the specific slip or dock section. State whether the term is month-to-month, seasonal, or annual. Under federal admiralty jurisdiction, marina slip rental agreements are generally characterized as a form of commercial tenancy, meaning a month-to-month slip lease may be terminated without cause on 30 days' notice, according to The Log, Ask the Attorney: The Ins and Outs of Marina Evictions.
Fees and payment terms. State the monthly or seasonal rate, the due date, and the late fee. Reference your rate sheet by date so you can update rates without rewriting the agreement.
Rules of the dock. Incorporate your marina regulations by reference. Cover fuel dock access, haul-out scheduling, guest policies, noise, and waste discharge. State the consequences of violating each category.
Default and remedies. This is the clause that determines how hard a default is to resolve. See the next section for how this varies by state.
Insurance requirement. Require the boater to carry a minimum liability limit and name the marina as an additional insured. Require proof at signing and annually.
Indemnification. The boater indemnifies the marina for damage caused by the vessel or the boater's guests.
Liveaboard declaration. State plainly whether liveaboard occupancy is permitted. If it is not, say so. If it is, add the clauses described below.
How does state law change what you need to include?
This is where a single national template breaks down. Three states illustrate the range.
Washington. Washington's Residential Landlord-Tenant Act, Chapter 59.18 RCW, may apply to liveaboard moorage tenants. The Washington Public Ports Association advises, in its July 2020 Knowing the Waters column, that a best practice is to include language in moorage licenses stating the arrangement is not intended to be a residential tenancy, because the statutory exemptions do not expressly exclude liveaboard moorages. Washington also distinguishes between port district operators, who have seizure authority under RCW 53.08.310 and RCW 53.08.320, and private marina operators, who operate under RCW 88.26 as a distinct regulatory framework.
Mississippi. At least one published Mississippi slip agreement, the Main Harbor Marina Boat Slip Rental Agreement, cites Title 89, Chapter 7 of the Mississippi Code as the governing landlord-tenant statute. That framework gives the marina owner the right to bring summary eviction proceedings and to attach, seize, and sell a vessel upon tenant default, treating the slip agreement as a real property lease.
Florida. A Florida condominium association boat slip lease requires two subscribing witnesses per signature to be valid under Florida law, according to the Florida condominium association dock/slip lease form. That formality is not required in most other states. Missing it can void the agreement.
California. California has no statute that specifically addresses marina tenancy. State law remedies sit alongside federal admiralty jurisdiction, but the tenancy falls in a gap between storage facility law and mobile home park space rental law, according to The Log, Ask the Attorney: The Ins and Outs of Marina Evictions. That gap means your remedies on default are less predictable than in states with a clear statute.
What determines the variation: whether your state has a marina-specific statute, whether the boater lives aboard, and whether you operate as a port district or a private marina.
Hypothetical example: drafting a liveaboard clause in Washington
Ten boaters live aboard year-round. The operator's existing agreement says nothing about residential tenancy.
Following the Washington Public Ports Association's November 2023 Knowing the Waters guidance, the operator adds one paragraph: "This moorage license is not intended to create a residential tenancy under Chapter 59.18 RCW. The parties agree that the primary purpose of this agreement is the moorage of a vessel, not the provision of a dwelling."
The operator also confirms that, as a private marina rather than a port district, the seizure authority under RCW 53.08.310 and RCW 53.08.320 does not apply to them, and that their default remedy is a civil action rather than administrative seizure. Their attorney recommends adding a specific cure period and a notice procedure that mirrors Chapter 59.18 RCW as a precaution, even though the clause disclaims residential tenancy.
What are the common mistakes operators make?
Using a generic commercial lease template. A commercial office lease does not address vessel identification, haul-out rights, or admiralty jurisdiction. It will leave gaps a boater's attorney can exploit.
Not updating the agreement when rates change. If your agreement names a specific dollar amount and you raise rates mid-season, you need a signed addendum or a new agreement. Reference a dated rate sheet instead.
Ignoring the liveaboard question. If you have boaters sleeping aboard and your agreement is silent on residential tenancy, you may face eviction procedures that take months rather than days.
Skipping the witness requirement in Florida. Two subscribing witnesses per signature is a hard requirement under Florida law for a condominium association slip lease. One witness voids the document.
Not collecting vessel documentation at signing. If the vessel is later abandoned, you need the hull identification number and registration to pursue a lien or notify the state. Collecting it after the fact is often impossible.
What should you measure after you roll out a new agreement?
Track the percentage of signed agreements that include complete vessel documentation at the time of signing. Collect this by reviewing your files at the end of each month. A gap here is a compliance risk under RCW 88.02.420 if you are in Washington, and a practical risk everywhere else.
Track the number of agreements that expire without renewal. Pull this from your slip assignment records each quarter. An expired agreement with a boater still in the slip is an unauthorized occupancy, and your remedies depend on having a current, signed document.
Track how many liveaboard declarations you have on file versus how many boaters you know are living aboard. A mismatch is a liability.
What should you do next?
- Pull every current slip agreement and check whether it names the vessel by hull identification number and registration number. Flag any that do not.
- Identify which boaters are liveaboards and confirm whether your agreement addresses residential tenancy.
- Look up whether your state has a marina-specific statute or relies on general landlord-tenant law. The three examples above, Washington, Mississippi, and California, show how different the answers can be.
- Have a local maritime attorney review your template before the next signing season. Bring the specific clauses on default, liveaboard status, and witness requirements to that meeting.
- Update your intake process so vessel documentation, registration proof, and insurance certificates are collected before you hand over the slip key.