Understanding RV Park Rental Agreements
An RV park rental agreement is essentially your rental contract. It’s the legal agreement or contract you enter into when you rent a space in an RV park. The agreement sets the ground rules of your RV park and your relationship with each resident. As with a rental agreement for any other type of residential property, an RV park rental agreement outlines the obligations of both parties and is legally enforceable .
The RV park rental agreement typically includes:
The RV park rental agreement is important for both the park owner and renters because it acts as a detailed lease agreement, making clear the obligations and expectations of both. It protects you legally should the terms of the rental agreement be breached. And ironclad rental agreements also protect renters from illegal practices or discrimination by the park owners.
Components of a Rental Agreement
When crafting an RV park rental agreement, owners and campground managers must include certain critical elements.
Agreement Terms:
The rental agreement should specify the length of stay. Will it be a temporary rental or a long-term? Are there seasonal requirements? A lot or "ownership" fee may also be considered for long-term rentals. The terms should also state who is renting and where the RV or camper will be located on the property.
Payment Guidelines:
A detailed explanation of how much payment is required, along with when it is needed, is crucial to RV park rental agreements. Will you require a security deposit? What will happen if the terms are broken, such as if the tenants leave the property without paying? If they do not keep the fees current, will they be evicted? As the RV owner, all money issues related to the rental must be explicitly detailed in the written agreement so that there is no question as to what is expected.
Park Rules:
The agreement should include rules the tenants must follow while living on the property. These are especially important if the park is family-friendly. You may wish to indicate which pets are allowed on site. Also consider whether RV awning covers will be accepted. Include rules about when awnings can be put up and taken down and if the awning needs to be insured at the tenant’s expense. Behavior should also be addressed. Will there be a noise curfew? Are pets allowed to roam free around the park? An explanation regarding maintenance duties may also be necessary.
There are several terms and conditions every RV park rental agreement should address, such as payment terms, behavioral expectations and more. By outlining all aspects of living in the park in writing, the owner, manager and tenants will enjoy a clear understanding of what is expected and accepted.
Personalizing Your RV Rental Agreement Template
In the world of RV parks, every detail counts. This is especially true with your rental agreements. These documents are critical in dictating the rental relationship between your park and its guests, and ensuring that all parties are on the same page. However, a generic rental agreement template simply will not do. Every RV park is unique, with its own policies, procedures, procedures and guidelines. Therefore, it is essential that you customize your rental agreement template to ensure that it meets the specific needs of your park and its guests.
In order to do so, you need to take the time to get familiar with every aspect of both your business and your rental agreement template. This will enable you to identify areas that require personalization, and those that do not. It is also important to ensure all items that are included in your rental agreement are compliant with local laws and regulations. While certain items are fairly standard across the board, you should still make it a point to differentiate your rental agreement template from those of other parks, wherever possible. Avoid using "cookie cutter" templates that have been circulated throughout the RV park industry. Because these documents have been used elsewhere, they are not tailored to your business, which could be problematic.
Once you determine those areas where your rental agreement template needs to be personalized, you have a couple of options regarding how to go about the process. The first option is maintaining and updating the rental agreement template yourself, when necessary. This option allows you to customize the document as needed over time, and by only a few minor changes at a time. This reduces the risk of creating typos or errors within your rental agreement template that could negatively impact your RV park down the line.
Another option is to hire an attorney who has experience in creating RV park rental agreements to do the work for you. An attorney can help ensure that your rental agreement template includes all required provisions and avoids those that could create problems for your business. Even if you opt for this option, it is still important to regularly stay familiar with your rental agreement template. This will help you detect any potential issues before they become major issues.
Common Provisions in RV Rental Agreements
Commonly, RV park rental agreements include some or all of the following clauses:
Guest Limitations. In order to be fair to all park residents, RV park rental agreements often impose guest limitations in the number of days non-paying guests may spend on the property or in a particular space.
Early Termination. Some agreements permit early termination by the RV owner by providing advance written notice. The terms of such early termination are variable and should be carefully considered.
Rent Optionality. Some agreements offer the owner of the RV space the ability to elect to "rent" their RV space to a third party when it is not in use. This is usually accomplished by the RV owner paying a percentage of the rental rate to the park as a "finder’s fee." In many cases, the third party is not purchasing a lease that runs with the land but is acquiring a personalty-based right to use the space, and this rental agreement may also provide for a limited duration.
Holdover. A holdover provision is an important clause that governs what happens if a tenant stays beyond the term and does not vacate the space as required by the rental agreement.
Arbitration. For situations in which disputes arise between an RV owner and the park operator, some RV park rental agreements contain arbitration procedures as an alternative to litigation in court.
Lates Fees. In the event you are late with your payment, the agreement may provide for a late charge. A late charge may be avoided by paying the agreed amount in advance.
Legal Issues and Compliance in Rental Agreements
Before you start drafting your RV park rental agreement, you’ll want to review the legal landscape in which you’re operating. This is not only true in terms of zoning and land-use, but also for tenant rights and insurance requirements. The first thing you’ll need to do is check the laws in your local area to ensure that it’s legal to run an RV park. Some areas have zoning laws that don’t allow it. Others may require special permits or licenses for operation. You’ll want to consult your city, county or township to find out more about local regulations. In terms of insurance, RV parks will typically need general liability, workers compensation (if applicable), property, and possibly liquor liability insurance . However, your state laws may also require certain types of insurance, such as a surety bond, which is a contract between the park owner and a bonding company that guarantees financial compensation in the event that the owner fails to comply with the law, rules or regulations. There are also dozens of special endorsements that you may want to add to your insurance policy, such as flood or earthquake insurance, a hired and non-owned auto endorsement, and liquor liability. As for tenants, they’ll have rights that must be addressed in your rental agreement. These will vary by state, so you’ll want to consult the law in your state in order to cover everything necessary. These may include anti-discrimination laws, fair housing laws, laws regarding lease termination, and more. You’ll also want to address details like how you’ll handle a tenant’s personal property if they skip out on their rent, and what kind of recourse you’ll have if the tenant damages your property.
Utilizing a Rental Agreement Template
The process of selecting and utilizing a rental agreement template effectively involves several steps. Initially, the tenant and landlord need to agree on the specific provisions to be included in the rental agreement. This can either be done informally, by the tenant reviewing a variety of rental agreements and making specific requests, or it can be done through a formal process by the landlord providing the tenant with a written rental agreement incorporating the provisions which the landlord wishes to be included. This rental agreement would then be discussed with the tenant. If the tenant wanted certain provisions added to the rental agreement, whether resulting from the landlord’s rental agreement or the tenant’s requests, they and the landlord should negotiate over those provisions.
Once the parties reach an agreement on the provisions to be included in the rental agreement, the following information needs to be placed in the rental agreement:
1. General information including:
a. The name of the tenant;
b. The name of the landlord;
c. The date the rental agreement is entered into;
d. The address of the park;
e. The space number of the tenant’s rental space; and
f. The monthly fee to be charged for the rental.
- The term of the rental agreement including the starting and ending dates.
- Any special restrictions including pets, children, guests, vehicle parking, maintenance responsibilities, etc.
- The method and timing of payments together with any late charges or other penalties for failure to timely pay rent.
- The eviction procedures to be followed by the landlord and any other procedures specific to that rental agreement.
The agreement should also provide that the tenant has read the rental agreement and agrees to all of its terms and conditions. Finally, the tenant and landlord should sign the rental agreement in spaces provided on the rental agreement.
Frequently Asked Questions about RV Park Rental Agreements
To be compliant with the law, should I have an RV park rental agreement?
Yes. All states require a written RV park rental agreement to be delivered to each tenant. Usually it is a rental contract, which outlines the terms and conditions for renting an RV site.
Are RV park rental agreements legally enforceable?
Laws in all states require RV park rental agreements to be in writing. To be enforceable as a legally binding RV park rental agreement , the documents must include all provisions state laws requires RV park rental agreements to contain.
Can I modify an RV park rental agreement?
Of course. The landlord and tenant can agree to change any RV park rental agreement as long as the modification is clearly noted and initialed or signed by all parties.
How can I terminate an RV park rental agreement?
Depending on the terms of the rental agreement, you may or may not have to give notice of termination. Laws in all states determine what notice is required. When the rental agreement does not govern termination, state laws determine the amount of advance written notice each party must provide prior to termination.