Ask A Maritime Attorney: Is there such thing as a “safe harbor” law and does it apply to a tenant whose slip rent is overdue?

Question             I manage a small marina in Northern California and was recently confronted with a “safe harbor” question.  One of our tenants was extremely delinquent on their slip rent and facing eviction.  The boat is in terrible shape.  The owner claims the engines don’t run and, even if they did, he would be unable to move the boat because he can’t find another slip.  To make matters worse, the owner is elderly, and he apparently can’t afford to hire a captain and crew, or even a towboat, to help move the boat.  He now claims that it would be dangerous to move the boat during the current spell of bad weather and, as such, we are legally required to provide “safe harbor” to him rather than force him to move the boat a time such as this with a bad weather forecast.  Is this true?  Is there a “safe harbor” law?  What are my rights here as a marina operator? Answer “Safe Harbor” laws do not apply to private marina operators, but there are nonetheless a few practical guidelines that need to be observed. It should first be noted that the concept of a “Safe Harbor” (more properly referred to as a “Port...