Hello, I run a small campground/RV park in Lafayette, IN. We have a lot of monthly and year-round guests that live here full time or are working in the area and live month to month. Our rental agreements are all on a month to month basis. We have very low prices, so it essentially low income housing. Our agreement is stated so we can basically kick people out at our discretion. I have been here 5 years, and whenever we have asked someone to leave, and they refuse, we call the police, and, they make them leave. A handful of times I've had to explain that we operate like a hotel and don't have to file regular evictions ,and can make campers leave immediately, and they have always complied. Today, I had a couple new officers I hadn't seen and they say that this is a civil matter, and they can't enforce any contracts. So even though this guy had just been arrested for meth at the campground, we would have to take this to court. I tried to explain to him the situation and that we operate like a hotel, but even their sergeant agreed. I explained that dozens of officers have come out here and made people on the contract leave immediately. They say there is no way that is possible, basically calling me a liar. My question is, have any of you ever been put in this situation? Do you know of any laws that I can cite? How come some officers can understand we have the right to make anyone leave and some don't? Thanks for any and all help you can give, Carter
Time to consult an attorney familiar with your state's property and real estate laws. https://realestate.findlaw.com/legal-help-resources/state-property-real-estate-laws.html
I believe that in some areas park residents can be considered tenants and that landlord/tenant rules may apply. You should definitely consult an attorney IMO.
Before you contact an attorney, verify what they are telling you with the new officer's supervisor, captain, chief, whoever. They may be wrong.
I missed that in the original post; but, since the law has obviously changed, I would get verification from a higher ranking official before contacting an attorney.
This is very likely the case in almost every state. The OP was likely benefiting from police officers who were helping him out more than following the law.
I always thought the reason many places limit stays to a couple of weeks, was that after so many days tenancy rights take effect, and owners don't want to deal with messy landlord-tenant situations.
We are friends with our local Sheriff and we have asked him about the laws related to this matter. He said that if it is in writing and they in violation of your signed agreement or policy, then he can ask them to leave. He can not force them, but for most leave with the Sheriff knocking on there door. However, he can tag the vehicle to be towed off private property and they have I think 24 to 48 hours to move it. You or we would have to pay to have it towed and we would probably not get our money back but at lease, they would be out of your park. You may want to check with your states attorney generals office for advice in your state. Let me know how it worked out for you!