# Hello everyone. Hope you can help this old lady



## dianec333 (Aug 22, 2012)

Got an email from young not nice dock master. Owners son. After almost a year in a fairly nice marina, he told me i need to leave in 9 days. My year contract was up and he thought I was not happy.???
I am in Ft myers Beach Florida on a 34ft Carver.
We may have a hurricane coming very soonI had sent an email to code enforcement a couple of months ago, and was told the marinas electrical pedestal was extremely dangerous. Marina forced to fix it. Pedestal is right by my boat and there were no other liveaboard here at the time, so they know it was me. auto billing, never late on fee's. I am also a 61 year old woman alone with a small dog.
One engine not working, and cannot fix now because of heart attack this year and diabled.
Any suggestions on what to do. I cannotget up and go. 
Thanks. Diane


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## dianec333 (Aug 22, 2012)

dianec333 said:


> Got an email from young not nice dock master. Owners son. After almost a year in a fairly nice marina, he told me i need to leave in 9 days. My year contract was up and he thought I was not happy.???
> I am in Ft myers Beach Florida on a 34ft Carver.
> We may have a hurricane coming very soonI had sent an email to code enforcement a couple of months ago, and was told the marinas electrical pedestal was extremely dangerous. Marina forced to fix it. Pedestal is right by my boat and there were no other liveaboard here at the time, so they know it was me. auto billing, never late on fee's. I am also a 61 year old woman alone with a small dog.
> One engine not working, and cannot fix now because of heart attack this year and diabled.
> ...


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## lajimo (Sep 5, 2011)

Consider consulting a local justice of the peace concerning your rights in this instance. You may have options that would be quite inexpensive to pursue that route as opposed to a lawyer. Many JPs are women - you might find one who is reasonably sympathetic to your situation.


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## SeaQuinn (Jul 31, 2012)

Have you explained to the marina that you are unable to leave because of mechanical difficulties and health issues?


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## dianec333 (Aug 22, 2012)

They know I just has a heart attack in the hospital plus pneumonia and diagnosed with lung cancer late may. I am also on disability and have disabled driver permit.


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## CalebD (Jan 11, 2008)

dianec333 said:


> I had sent an email to code enforcement a couple of months ago, and was told the marinas electrical pedestal was extremely dangerous. Marina forced to fix it. Pedestal is right by my boat and there were no other liveaboard here at the time, so they know it was me.
> 
> Thanks. Diane


So, are you saying that your boat damaged the marina's electrical pedestal? I'm a bit confused about this.

Keep paying your monthly rent to the nasty marina. Speak to the other live-a-boards and find out if there is anyone who might be sympathetic on the Ft. Myer's Beach town board or lawn enforcement you could talk to.

Hope you and your dog are ok.


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## mdbee (May 2, 2007)

Others have posted some good suggestions. As a last resort, I would think contacting a local sympathetic TV News Station or News Paper might bring some attention to your situation. Even if your marina isn't willing to help you, others may come to your aid. Don't discount the goodness that can be found in others. You need to take care of your health, there are people out there that care and want to help you. Keep us in the loop.


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## dianec333 (Aug 22, 2012)

Didn't sleep good. No I didn't damage pedestal. Commercial sailboat did it. Snowbird vessel. I got copy of my contract from them today and they said I moved in 9.01.11 expires 8/31/12. dates are written in different ink and by different people. I moved in sept 17th 2011.
Thanks for your help. I have no family, and not sure where to turn. Have an appointment with legal aid tomorrow. 
With hurricane ivan coming, I am more concerned about that, but am worried about my heart health with the stress.


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## dianec333 (Aug 22, 2012)

MDBEE
The marina is owned by big money and kind of rules the area. Ft myers beach is only 5 mile long and 1/2 mile wide. The town hall doesn't care. The police here are jerks. Called for help once with a drunk person in my camper, before boat. They got him out but let him drive though obviously drunk. Would not let me press charges. Ex would not let me out of my own house. Like I say, I am 61 and not a kid.
I am going to try to fight them, but have not much strengh.
Thanks


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## dianec333 (Aug 22, 2012)

Marina name is Salty Sams, Ft Myers Beach. 
It has a web page.


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## SimonV (Jul 6, 2006)

Call me callus, but something does not add up.


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## SVAuspicious (Oct 31, 2006)

I like the media idea. Let them run with it.

Best of luck.


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## PorFin (Sep 10, 2007)

dianec333 said:


> I got copy of my contract from them today and they said I moved in 9.01.11 expires 8/31/12. dates are written in different ink and by different people. I moved in sept 17th 2011.
> .


Diane,

Didn't they give you a copy of the lease last year when you first moved aboard? That should be all it takes to both challenge their vacate date and to prove deception/fraud on their part.

Condolences on your troubles.


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## dianec333 (Aug 22, 2012)

I reported a serius code violation and report it. The situation according to code dept was extreemly dangerous. This is why I am being asked to leave.
Yes I have questioned my electric charges. Never got monthly invoice, just money taken out of my bank every month.
I was told by dock boss that I wasn't happy here and have 10 days to leave. Want the email, I can send it to you.


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## dianec333 (Aug 22, 2012)

LOST MY COPY, was moving from selling small rv and having to move in a day.
Wish I could find it.


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## SeaQuinn (Jul 31, 2012)

can you contact social services? Possibly they can help you find emergency housing. 

If your contract is up, you may not have any choice but to move or pay the much higher transient slip fees. Legally they may not be required to allow you to stay on.

I know that in my marina I am required to give thirty days advance notice to continue my yearly contract or they will relinquish the slip to one of the people on their waiting list. You really need to read your contract carefully. Also if you no longer have your copy you may not be able to dispute their start date. Often the start dates for these contracts begin on the first of the month....irregardless of when you actually moved into the slip. I recommend you get legal advice if you are uncertain as to wether your contract is valid and enforceable.


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## PorFin (Sep 10, 2007)

Diane,

Unfortunately, I think that getting the media involved may be your best chance for getting some solution to this. Even so, I think your days at Sam's are coming to an end.

I know that your health will make this difficult, but you may be looking at having to take a mooring ball in the municipal field. That will at least get your boat somewhat relatively secured for a significant weather event until a more permanent solution can be found.


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## hellosailor (Apr 11, 2006)

As Sequinn said. Or worse, because once you overstay you may be a trespasser and subject to prosecution. Good luck with legal aid, there may also be a county "eldercare" avocate that is able to help you.

I'm not sure why you woul be surprised to be thrown out. Landlords of all kinds, including run-down marinas, USUALLY throw out "troublemakers". Meaning any kind of tenant who makes any kind of trouble for them, or causes them to have any extra costs, like bringing things up to code.

There may be a state or local law that bars reprisals against people who report code violations. With any luck there is and legal aid can invoke that on your behalf.

You might want to really dig around and try to find your copy of the lease, or any supporting papers (log? fuel receipts? postal address changes?) that show when you arrived.


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## cupper3 (Jun 30, 2010)

Is it just me or is there a ton of drama going on at one time? Don't mean to sound non-believing, but:


emails that get lost because of moving from selling an RV? Emails are electronic documents and don't get lost because of a move.
or is the copy of the lease lost?
Lease has different ink in it - more drama
Disabled, heart attack, cancer yet sailing? Yes, it can be done, but really? 

And more gets added to the story with every post. Of course you should go to the media, they like sad stories, rarely dig into background. Look how they portrayed "Captain" Jay.

If your health problems are as you state them, you have my sincere sympathy, and I truly mean that. No one should go through that. You need to get things in order, because right now, there are too many red flags.


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## dianec333 (Aug 22, 2012)

Cupper, I never said contract was an email contract, not the original. I asked them to send me a copy yesterday.
My lease was paid through the bank and like I say they are catering to the rich who use their two restaurants and bars. Snowbirds also pay top dollar for their slip through winter.


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## dianec333 (Aug 22, 2012)

Sequin, I have a small dog, and the emrgency housing in Ft Myers is full of drug addicts and have already had 9 murders this year. My marina is a very nice classy place, just run very poorly.


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## dianec333 (Aug 22, 2012)

Porfin, I need electricity for my breathing machine and am not able to transport water to a city mooring ball. I have no generator.


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## SeaQuinn (Jul 31, 2012)

Sounds like if your contract is deemed valid by legal aide you may not have many options except to vacate the Marina. Some residency hotels may be an option or possibly renting a trailer. Don't put all your eggs in one basket....research other possibilities of places to live....especially with the health issues and utility needs that you have. can you have your boat hauled and stored?


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## dianec333 (Aug 22, 2012)

I dont have the finances to haul the boat out. It is expensive here, plus I would have nowhere to live.
I manage well on what I have, but storing my boat would cost almost $400 a month. Dry dock.
Snowbird season is almost here then slips are hard to get and hotels or rv parks become very expensive.


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## PorFin (Sep 10, 2007)

Diane,

You are running out of options, and unfortunately you are almost certainly going to have to make some sacrifices. 

I hope your visit to legal aid finds you some wiggle room; but even if successful ultimately it's just gonna buy you a couple of weeks. 

I think you need to honestly assess whether or not you can continue to live aboard, given your medical and financial situation.


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## SeaQuinn (Jul 31, 2012)

Agree with Porfin.....I don't think you will be able to force this Marina to let you stay....unless you can talk to them immediately and work out some sort of extension to give you time to explore other alternatives. 

Is your boat not moveable because the engine is not working or because it can't be sailed out either?


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## PorFin (Sep 10, 2007)

SeaQuinn said:


> Agree with Porfin.....I don't think you will be able to force this Marina to let you stay....unless you can talk to them immediately and work out some sort of extension to give you time to explore other alternatives.
> 
> Is your boat not moveable because the engine is not working or because it can't be sailed out either?


Quinn,

A Carver 34 is a powerboat; sailing it off the dock ain't gonna work. It can be moved on one engine, but at present there doesn't appear to be anyplace to move it to.

FMB has a good mooring field, but Diane says that won't work for her.


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## SeaQuinn (Jul 31, 2012)

Oops sorry....did not catch the boat type....this is a sailing forum so I just assumed it was a sailboat....
I do remember the Op saying the boat was not movable because of some mechanical issue though....but maybe I am wrong.

Does the OP have any family or local friends to help her out?


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## dianec333 (Aug 22, 2012)

I can pay someone to move the boat on one engine, but the marinas I have talked to wont have there new floating docks built till end of september and the other end of november. 
Mooring field out of the question. No electricity or water. Cost is $365 a month. 1 mile away you can anchor for free. 
I have no family, except a daughter in Colorado We dont talk, due to her, and she wouldnt help anyway.
I will find a way to stay till I can move to another marina. I have already been in toouch with them.
I just dont like being told I am not happy here and move. My guess is big money for slip coming very soon. $1200 a month. Snowbirds. When snowbirds get here, there are no slips anywhere.
Guess I will wait to see what the hurricane says first. Maybe there will be no boat or marina. 
I live in south east florida. Ft Myers Beach.


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## SimonV (Jul 6, 2006)

If your lease is up and you are not prepared to go into a new lease at the new price, then you would expect to move.


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## dianec333 (Aug 22, 2012)

I was told when i moved here they only go 6 months lease. I had asked for a year. The date on their lease has been altered. They want me to move 3 weeks before lease that they have expires. Have legal aid lawyer appt tomorrow. Hopefully they will help. I really dont want the stress of moving. Health is not too good and stress does not help at all.


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## bljones (Oct 13, 2008)

dianec333 said:


> Got an email from young not nice dock master. Owners son. After almost a year in a fairly nice marina, he told me i need to leave in 9 days. My year contract was up and he thought I was not happy.???
> I am in Ft myers Beach Florida on a 34ft Carver.
> We may have a hurricane coming very soonI had sent an email to code enforcement a couple of months ago, and was told the marinas electrical pedestal was extremely dangerous. Marina forced to fix it. Pedestal is right by my boat and there were no other liveaboard here at the time, so they know it was me. auto billing, never late on fee's. I am also a 61 year old woman alone with a small dog.
> One engine not working, and cannot fix now because of heart attack this year and diabled.
> ...


Diane, I'm sorry that you are stressed.

I can see the marina's side of this. The lease is up. Rather than asking the marina to fix a problem, you blindside them by going directly to code enforcement. You didn't make any friends with that move, and may have made the decision to evict you easy. There is no legal obligation on the part of the marina to renew a lease.
rather than fighting a losing battle to stay in a place that has unsafe pedestals and snowbirds that you obviously don't like, you would be better off to put your energy into finding a new marina home.


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## dianec333 (Aug 22, 2012)

bljones, I have sent emails, phoned and in person talks to the marina for almost a year. Nothing done on other emergency pedestal. They do not care about A dock because it is away from the two restaurants and bars.


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## dianec333 (Aug 22, 2012)

****UPDATE***

gOT LOCAL NEWSPAPER BEHIND ME. Great story, and they used my emails to verify everything. Marina said I can stay. 
Now getting ready for the storm. No one to help me, so I am tieing everything up 10 times. No help offered from Marina at all.
Thanks for all your help.


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## mdbee (May 2, 2007)

Congratulations!! Any dock mates around to help? Do you have "floating docks"? There may be some experienced people here to give you some ideas / suggestions.


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## dianec333 (Aug 22, 2012)

Neighbor on small sailboat retied one line. 
Kind of looking forward to riding out the storm on my boat. Will most likely pee my pants if it gets bad, but with all the extreemly high tides and flooding we will get, a boat seems like the safest place. I do have an old camper van complete with coffee making equipment and a shower and potty ready to go if necessary.
Good luck my south Florida friends.


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## dianec333 (Aug 22, 2012)

Yes I am on floating dock.


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