An RV Site Rental Agreement: What is it?
An RV site rental agreement, commonly referred to as an RV site lease or RV site rental contract, is a contractual agreement between the owner of an RV park and a person planning to rent an RV site at the park. Usually the RV site rental contract is for a specific period of time, such as a one-year term or a 30-day lease. It adds much needed certainty for both parties regarding the relationship.
RV site rental agreements typically specify the following:
Are you an RV Park Owner or an RV Site Renter? For Owners & Managers of RV Parks , this type of contract forms the basis for the relationship. In particular, it governs the following issues:
For Renters of Sites at RV Parks, an RV site rental agreement serves a useful and important purpose. It describes in detail the financial aspects of the relationship, such as any monthly, annual, or other fees charged for renting the site. An RV site rental agreement also provides certainty regarding other important issues, such as the duration of the agreement, procedures for terminating the agreement, and the various duties of each party.
The Basics to Include in an RV Site Rental Agreement
The language used in an RV site rental agreement can vary across the country, but most agreements will include a few essential components:
Time of Stay. Rental agreements should cover the term of the RV contract, including the full address of the RV site (if applicable), as well as the dates of the rental start and end, and the number of persons who may be residing in the RV.
Fees for the stay. Rental agreements should include all rental fees, due dates, maximum occupancy costs, utilities, and termination of reservation policies. Fees should include additional costs such as storage, power, water, sewer, phone, and cable. The rental agreement should also disclose any administrative fees, pet fees, garbage fees, entrance fees, and late charges.
Site Rules. Rental agreements should include rules for use of the RV site, including rules about the following items:
Guest Responsibility: Rental agreements should include language to clarify whether or not the RV site owner will be held responsible for the renter’s guests. This is especially important if the RV site is shared by multiple tenants.
Legalities when it comes to RV Site Rental Agreements
In addition to the legal requirements governing such contracts, most states have numerous laws and regulations for RV Parks; in addition, federal and state safety regulations must be considered. These regulations can vary from jurisdiction to jurisdiction; however, in general, local zoning codes must be observed, with regard to allowed uses of the premises, the types of RVs that may be parked, and other matters. Federal regulations in some situations, such as the use of liquefied petroleum gas, would also apply. States may have laws regarding the required power, water, and sewer hookups, as well as health and safety standards. Some states, with some exceptions (e.g., California), have adopted residential landlord-tenant laws, which govern the rights and duties between RV parks and RVers, many times to extend the rights of RVers beyond what the rental contract may or may not provide.
Local building codes may apply to repairs made by the RV parks to the plumbing, electrical systems and parts of the RV park. State law may provide which party is responsible for compliance with local building codes. Personal information provided by the RV owner is typically considered part of the rental agreement; however, local privacy laws and the consent of the person providing that information come into play.
Common Mistakes when it comes to RV Site Rental Agreements
Mistakes and common pitfalls when signing RV rental agreements
One of the most tragic steps that RV renters can take is to enter into a site rental agreement without reading and understanding what it means. Many savvy RV campers peruse prospective campground rules and regulations before arriving at the park, but for some reason seem to fast track the park’s rental contract. A number of mistakes have been made over the years that come as a result of failing to read the fine print of the rental agreement. By committing some of the missteps below, RVers have digressed from the intent of the trip and lessoned their enjoyment of the camping experience.
One common error that can occur with RV site rental agreements is taking possession of the RV site without signing the agreement. Only after the RVer moves his/her rig onto the site does he/she try to pay for the site. This mistake can result in serious consequences. First of all, the RVer may be taking occupancy of the space against the will of the park. Perhaps the park has a waiting list for site rentals, or even worse, the RVer has moved onto the site of another RVer and become a trespasser on the land. This has always been a problem for RVers who originally boondock in the less popular free spots of a park. Campers have taken it upon themselves to move themselves to a more desirable location once a spot opens up. But that move must be made with the knowledge and permission of the park. Otherwise, you are taking the space of someone who has actually reserved it.
Another mistake to avoid is failing to read the rental agreement before signing it. This occurs mainly with new RVers who are unfamiliar with campground rules and what is considered normal within the RV community. Some RVers think that the rules do not (or will not) apply to them, so they sign the rental agreement anyway. This can cause all kinds of problems, coupled by the reactions of other long-term RVers to the new RVer’s actions . For example, if the rules state that campfires are only allowed in designated areas, and a new RVer ignores that rule, the long-term RVer who is consistently following the rules will become resentful. This can cause unnecessary headache for the new RVer, and can even be dangerous if multiple campfires are being lit in the park. Fires can get out of control if everyone ignores the rules.
It is critical that RVers read the fine print of the rental agreement before signing it. Some courteous park owners will point out any critical issues that the RVer should be aware of that are in the rental contract. But some owners do not do this. This can happen both by design and by accident. Some owners have simply overlooked providing this information, while others have bad motives, such as hoping the RVer does not notice that he or she is required to shovel snow in the winter.
Any and all poorly written rental agreements should be a red flag to prospective RV renters to simply move on to the next park. Rental agreements should clearly spell out the park owner’s intent, what is expected from the renter, and include bold print for any critical issues that may arise, such as rental price increases and when they are expected to occur. Rental agreements can contain additional clauses and terms that may not be discussed in face-to-face consultations with the park owner and renter. It is vital for RVers to ask the right questions during the initial point of contact with the park, but it is also important to not rely solely on the word of the park owner. Be sure to compare all verbal claims with the written rental agreement and what was verbally discussed when the contract is signed. A rental agreement that is poorly written can be a reflection of a poorly managed park, and RVers should protect themselves from poor oversight and poorly worded contracts.
If it were not so sad, it would be funny to hear stories about how RVers have gotten caught in fiberglass trees because they failed to read the fine print of the RV site rental agreement. Always be sure to read it carefully before signing the rental agreement.
Negotiating an RV Site Rental Agreement: What to Keep in Mind
Insights regarding price and other financial arrangements are much desired by all rental property owners, including RV park owners. You must understand the financial terms you have negotiated prior to executing your site rental agreement or lease.
I strongly recommend that all terms be in writing, including financial arrangements related to the rental payment, security deposits and other fees and penalties. You have no idea how many clients I have met with after the fact who have simply paid stated rents and deposits but have no written agreement to support their position and cannot remember the terms or conditions of their understandings, even though they were to some extent verbally stated and agreed upon.
The terms with regard to rent are very important and I advise that they explicitly state when the rent is due, whether there is an increase once per year, whether there is a senior citizen discount and, if so, the age at which a discount is provided along with the amount. If a discount is given only for prompt payment, that is also best stated up front to avoid any misunderstandings.
Identifying any applicable rent increases is often very important. Many long term residents pay significantly less rent than new residents. Depending upon the market and demand for RV sites, an annual increase may be appropriate while other times a complaint may be filed if any increase occurs. The timing of any rent increase also needs to be stated to avoid an argument later as to whether the increase was appropriately stated in advance.
Other items that need to be addressed include security deposits and their refundability or retention, service charges and what services and utilities are provided, limits on service usage, and the penalties or late fees. All of these items should be critically addressed early in your negotiation and put in writing so that both parties are aware of and agree to those least terms.
Frequently Asked Questions about RV Site Rental Agreements
Our firm is frequently contacted with questions about the basic procedures and requirements for RV Site rental agreements. The following are guidelines we inform potential new clients of when they contact our firm.
What is in an RV Site Rental Agreement? We typically draft an RV site rental agreement to include terms for the lease term, rent amount, utilities, deposits, parking rules, pet rules, maintenance, violations, the RV’s physical description, and any extra rules required by the RV Park.
How long do RV Park rental agreements last? These agreements can vary in length from "as needed" to 25 years. We have seen agreements for either 6 months or 1 year as a general timeframe but these agreements are entirely based on the client’s needs.
What do I do if I want to sell my RV? Most RV park rental agreements require the owner of an RV to notify the RV Park Owner of the sale but often require some form of written notice . If the RV owner contacts the park owner in accordance with that written notification, the RV park must often approve of the buyer and an RV park rental agreement should be drafted for the buyer. Often, the buyer will have to pay either the full rental amount or a partial rental amount for the home site before the agreement goes into effect. This is typically done so that the RV home owner and the buyer do not have to pay rent for the same time period.
What is an RV space transfer agreement? These are often used if an RV home is transferred from one person to another person. Often, the losing party and the acquiring party have to sign this before the RV Site rental agreement goes into effect. In some cases, the RV park owners requires the RV home owner to sign a new guarantee agreement.
Can an RV Park owner charge fees to transfer an RV home? This varies from park to park. Often, the fees to transfer an RV home include the attorneys’ fees charged to draft the transference and/or a fee to process the paperwork by the park manager.