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13 Important RV Park Eviction Laws You Must Know as a Park Owner or Tenant

It can be quite difficult to understand the legal landscape of RV park tenancy especially when it comes to eviction laws. While they are known to vary depending on your location in the United States, keep in mind that they all work to protect both landlords and tenants and guarantee fair treatment and proper procedures all through the eviction process.

As a tenant, to ensure you understand your rights, below are some of the most important RV park eviction laws that you need to know when staying in an RV park in different States in the United States.

RV Park Eviction Laws You Must Know

  1. Notice Requirements

First note that the notice period for eviction tends to vary from state to state. However, in a good number of states, such as California and New York, the notice period can be as long as 90 days, while in other places it is around 30 days or more.

In the United States, the notice will have to include the precise reason for eviction, be it non-payment of rent, violation of park rules, or other lease violations.

There will also have to be proper service of the notice and it is expected that it be delivered personally to the tenant or posted visibly on the RV with a copy sent via certified mail.

  1. Just Cause Eviction

This is another important one to keep in mind, particularly in States like Oregon, Washington, and New Jersey where just-cause eviction laws exist to stipulate the sort of reasons a landlord can evict a tenant.

In some states, the only reasons include non-payment of rent, lease violations, illegal activities, or significant property damage.

The primary objective or essence of the Just-cause eviction laws is to guarantee the protection of tenants, especially from arbitrary or retaliatory evictions, while also making sure that landlords have justifiable reasons to want to evict a tenant.

  1. Retaliatory Eviction Protection

In almost every state in the United States, some laws work to ensure that landlords can’t retaliate against tenants for carrying out certain rights or actions.

Some of these actions include filing a complaint with housing authorities, becoming a member of a tenants’ association, or sticking to their rights under the lease.

In the United States, once a tenant has reasons to feel that they are being evicted in retaliation, they will be expected to show or prove need that a causal connection between their protected activity and the eviction.

  1. Eviction Process

Before filing for eviction in court, landlords are expected to adequately provide tenants with a written notice to find solutions to the violation within a stipulated time (e.g., pay rent, fix a violation). As long as the tenant complies, eviction could in most situations be avoided.

However, if the tenant fails to comply with the notice, the landlord retains the right to file an eviction lawsuit in court. Also, note that the tenant also possesses the right to respond and present defenses all through a hearing.

Once the court rules in favor of the landlord, they will provide a writ of possession, and this gives law enforcement the authority to remove the tenant and their RV from the park if need be.

  1. Dispute Resolution

You will find that a good number of states encourage or even demand mediation as the very first step towards settling disputes between landlords and tenants before seeking Eviction. Most often, arbitration might be mandated before submitting an application to kick-start the eviction proceedings.

Even as a tenant, you still reserve the right to request repairs or hold back rent under certain legally covered circumstances, and this could prove to be a viable means to resolve issues without eviction.

  1. Right to Cure or Fix

In a good number of states in the United States, there are laws that ensure tenants get the opportunity to remedy or fix certain lease violations within a stipulated period upon getting an eviction notice.

The essence of this law is to give tenants the right to rectify issues, including late rent payments or minor rule violations, and avoid Eviction.

However, note that this right to cure provision tends to come with conditions, such as not possessing any prior history of repeated violations within a specific timeframe or not causing significant harm or disturbance to other tenants.

 7. Prohibition of Self-Help Eviction

Self-help eviction is used to describe a situation where the landlord is making attempts to evict tenants without doing so via the stipulated legal channels.

There have been situations where landlords end up changing locks, turning off utilities, or removing belongings all in the bid evict a tenant.

In the United States, you will find that some states strictly forbid self-help eviction and have in put in place penalties for landlords who carry out such practices.

Always remember that as a tenant you have the right to take legal action against landlords who try to self-help evict you.

  1. Reasonable Accommodation for Disabilities

Under the Fair Housing Act and the Americans with Disabilities Act (ADA), RV park owners are expected to make conscious and good efforts towards designing the right kind of accommodations for tenants with disabilities.

This will entail permitting service animals, guaranteeing accessible parking, and making modifications to the RV space if need be.

Aside from that, note that tenants with disabilities are legally shielded from eviction as long as it involves their disability or the need for reasonable accommodations.

  1. Written Lease Requirements

In some states, RV park leases are expected to be in writing and meant to feature some terms and disclosures, like the amount of rent, duration of the lease, rules and regulations, as well as eviction procedures.

One primary importance of a written lease is that it ensures that both the landlord and tenants duly understand their rights and responsibilities, as well as the procedures for eviction and dispute resolution.

  1. Security Deposit Regulations

Also, note that there are some states that put in place limits on the amount landlords are allowed to charge for security deposits, and this will most often be equal to one or two months’ rent.

However, it is important to note that landlords are only allowed to make use of security deposits for stipulated purposes, like covering unpaid rent, damages that are beyond normal wear and tear, or cleaning fees after move-out.

Most often, you will find that states tend to request that landlords return the security deposit within a stipulated timeframe after the tenant moves out, in addition to a well itemized list of deductions, if any.

  1. Eviction of Subtenants

This particular type of eviction can prove complicated or even confusing for both landlord and tenant. If, for instance, there is a situation where a tenant chooses to sublet their RV space to another individual (subtenant), keep in mind that the eviction process for the subtenant will have to involve or even begin with the primary tenant and the landlord.

However, note that subtenants will still need to get proper notice of eviction as stipulated by state laws, even if the primary tenant is the one facing eviction.

  1. Protections for Military Service Members

This one law is often overlooked or neglected, especially by landlords. However, it’s important to note that the Servicemembers Civil Relief Act (SCRA) in many ways offers protections to active-duty military personnel, such as shielding them against eviction without a court order while on active duty.

Landlords are expected to conform to certain procedures and make available the appropriate notice to military tenants prior to going forward with eviction proceedings.

  1. Emergency Eviction Situations

Note that in any form of emergency situations, particularly one where both health or safety is at risk, like a fire hazard or criminal activity, landlords are expected to seek ways to fasten eviction procedures.

Even in such emergency situations, keep in mind that landlords are still expected to obtain court approval for eviction, as well as follow due process for tenants.