RV Park Eviction.. How do i stop it?

[dr1ce]

What is the name of your state (only U.S. law)? California

Hi,

My wife and I recently moved from NY to CA, in search of work. We called this RV park, and were given their monthly rates, and agreed to stay for 1 month, since their monthly rates were reasonable. We arrived at the park, and signed all the paper work, paid, and got a copy of our reciept/rules.

Well, the NEXT day someone comes knocking on our door, and said, "the weekend workers forgot to make you fill out a credit application before letting you stay, and that must be done". My wife and I have bad credit since we started a business 5 years ago, and the move out here is an attempt to fix the situation. She said that if we don't pass the credit check (which we won't), that the LONGEST we can stay is 2 weeks and the weekly rate is OVER DOUBLE the monthly rate.. ie, monthly is $21 per day, while weekly is $49 per day!! She also said that if we didn't fix a small crack on the outside of our camper that we had to leave, even though we were provided with no rules about this upon registration.

I have read and re-read the California Laws regarding RV parks ( http://www.courtinfo.ca.gov/selfhelp/other/documents/rv_park_occupancy_law.pdf ) and I believe that since I have a receipt stating that I am PAID for 30 days and was not provided with a full list of the rules I can tell them to go pound salt...

I guess the biggest question is, if they do try to evict me (by only giving me 72-hours notice), WHOM do i go to stop the eviction? Local PD? Local Small Claims Court?

Any expeditious advice is greatly appreciated!

 

[CA LL]

We arrived at the park, and signed all the paper work, paid, and got a copy of our reciept/rules.

First you need to closely read "all the paperwork" you signed and maybe tell us what it says specifically...we can't know from here.

This is different from regular LL/Tenant laws which this particular forum is for.

That said...depends on what exactly you signed, what receipts for money paid you got, etc. There is a section where they can terminate w/o reason but they need to give 30 days not 14 it appears. But again...we have no idea what paperwork you signed. A RENTAL AGREEMENT is signed per those statutes only if you planned to stay LONGER THAN a month..sounds like that was not the case?

 

[dr1ce]

Paper work says..

I just typed everything out, just to have my session time out, and need to re-log, and LOST EVERYTHING, so here i go again...

I got two pieces of papers when arriving, one is the receipt, and one is information with a list of rules.

on the list of rules...

-Guests and visitors use park facilities at their own risk. Customers are responsible for the actions of their guests.
-All customers must register at the park office prior to occupying a site unless given specific permission by management.
-All fees and rents are due in advance to occupancy.
-All vehicles and travel trailers must bear current registration as required by California vehicle code. Customers are welcome to wash vehicles or travel trailers subject to government water restrictions. Motorcycles registered for "off road" use may not be operated within the park.
-Speed limit within the park is 5 miles per hour.
-Quiet hours are from 10:00 p.m. - 8 a.m. daily. Please do not infringe on other's campsites.
-Alcoholic beverages are prohibited from common areas within the Park. Public intoxication is not tolerated.
-Children under the age of 12 should be attended at all times.
-Dogs should be kept on a maximum 6-foot leash at all times. All aggressive dogs are prohibited as well as Pit Bulls and pit bull mixes. Owners are expected to pick up after their dogs are all times. Pets should never be unattended outdoors.
-Please leave the campsite as clean and tidy when you leave as when you arrived.
-Trash should be disposed of in appropriate containers located with in the park.
-Campfires are not permitted.
For a complete listing and details of (RV Parks name) Rules and Regulations, Please contact the office and a copy will be provided. Thank you and enjoy your stay.

On the receipt, it is a quick books style invoice, stating the date I arrived, the date I am to depart, how much I paid and paid with a visa. Where you sign at the bottom it says this,

"This property is privately owned. The camper accepts camping privileges with the understanding that he does hereby release the Campground, its officers and employees of all liability for loss or damage to property and injury to his person arising out of his use of its camping facilities, and agrees to indemnify the Campground, its officers and employees, against claims resulting from loss or damage to property or injury to the person of any member of the family or guest of the registered camper arising out of the use of its camping facilities. THE MANAGEMENT I have read and agree to comply with all of the Campground rules and regulations as posted in the office and or on the grounds. Guests Signature X

-----

That is all the paper work I recieved from them. In the California Code I posted above it says specifically they can only enforce rules that I was given a copy of when I registered. Since the info I received said nothing about small cracks in your camper, they can't kick me on those grounds.

If they come to evict me, or give me 72 hours notice, WHOM do I go to stop it? The Court? Local PD?

I'm sure this manager will be hunting me down soon, making me pay double the price!!!

 

[dr1ce]

Any Advice, please?

This is making me more and more upset by the day.

Can anyone please lend me some advice? Should I just let them evict me, and then take them to small claims court for over-charging me?

Who can stop an evition in California? Which Court? What type of breif do I file?

***kneels down and begs***

 

[acmb05]

This is making me more and more upset by the day.

Can anyone please lend me some advice? Should I just let them evict me, and then take them to small claims court for over-charging me?

Who can stop an evition in California? Which Court? What type of breif do I file?

***kneels down and begs***

You are only obligated to do what is in the rules given to you. They can try to tell you to leave but you are under no obligation to do so. You have a receipt and a contract stating you paid for a certain number of days and when that contract ends. It is not your fault nor your problem that their employee did not do his job right.

 

[acmb05]

This is making me more and more upset by the day.

Can anyone please lend me some advice? Should I just let them evict me, and then take them to small claims court for over-charging me?

Who can stop an evition in California? Which Court? What type of breif do I file?

***kneels down and begs***

They are required to serve you with 72 hours notice and if you do not willfully remove your camper they would have to call the local police to have it removed. Keep all of your paperwork just in case they try this.

799.43. The registration agreement between a park and an occupant thereof
shall be in writing and shall contain, in addition to the provisions otherwise
required by law to be included, the term of the occupancy and the rent therefor,
the fees, if any, to be charged for services which will be provided by the park,
and a statement of the grounds for which a defaulting occupant's recreational
vehicle may be removed as specified in Section 799.22 without a judicial hearing
after the service of a 72-hour notice pursuant to this chapter and the telephone
number of the local traffic law enforcement agency.

 

[dr1ce]

A huge thank you!

Thank you so much for responding!!

You just made my thanksgiving!!