Woodalls Open Roads Forum: 6 month contracts seasonal waives the Fourth?
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 > 6 month contracts seasonal waives the Fourth?

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Scotties on Wheels

Florida

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Posted: 10/13/13 01:43pm Link  |  Quote  |  Print  |  Notify Moderator

Any legal folks out there might have input to this. Full time RVer renting space in Fla. park for 6 months, then six months almost up and renewal lease is sent around to both rigs and park models with terminology indicating that owner of park can inspect, enter, et cetera "premises" at any time...says it's just the outside lot area, however this has been a problem for people in years past I'm told, and I wonder if "Premises" can also mean inside one's personal domicile, and several folks are worried as this owner is a bit, well, let's say "control freak". Does an ambiguously worded "owner can enter your premises at any time" carry the problem of it being used to "inspect" some elderly couple's rig or park model? Reading Fl. rental statutes doesn't help a lot because it doesn't appear to cover the motorcoach crowd. Does the Fourth Amendment cover the inside of their domicile unless there is probable cause or a warrant? I'm not talking about the criminal crowd here, but just ordinary retired folks who come down for 6 months for the warmth, in nice coaches, and their little pets, who pay their rent and electric on time. What protects us from overly intrusive misuse of authority? And this isn't meant to be a hot topic for radicals on the forum, but just a question of what is allowable and a lease that might waive certain rights.
Thanks for any input.
Scotties on Wheels

westernrvparkowner

montana

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Posted: 10/13/13 02:22pm Link  |  Quote  |  Print  |  Notify Moderator

Illegal search and seizures apply to law enforcement. There can be situations that arise where management of a park would have the need to make emergency entry into an RV. The other reasons for them to enter a person's rig for an unscheduled inspection would be to confirm a suspected rules violation or to mitigate a problem like an alarm sounding continuously. Over the last 10+ years I can remember about 3 instances where I have had to enter a rig without prior permission. It doesn't happen often. If the reputation of the park is such that you have concerns, I would stay elsewhere, it is much easier than relying on contracts and laws.

darsben

Central and Northern NY/ Casa Grande, AZ

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Posted: 10/13/13 02:23pm Link  |  Quote  |  Print  |  Notify Moderator

Property owner does not have to abide by your fourth amendment rights. Only the government needs to abide by that right. Premises means your coach.
Thomas law dictionary

premises
n. 1) in real estate, land and the improvements on it, a building.
If you agree to it then he can enter at any time.


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Old-Biscuit

Verde Valley

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Posted: 10/13/13 02:42pm Link  |  Quote  |  Print  |  Notify Moderator

That's the problem with 'long term'...over 30 days
You fall under tenant/landlord laws of the state.

I would have a very difficult time with it.
I am 'leasing'/'renting' site and own the rig so landlord had best stay out of my rig. They do not have a key so they would have to 'break & enter'

As Judge Judy says "You signed it...if you don't like it, don't sign it"
So clarify the 'premises' by making a notation on it "Premises means site...not inside my rig" and see how owner reacts.
If owner has a problem with that.....your choice ie: sign away your ownership OR move.


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Bucky Badger

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Posted: 10/13/13 03:22pm Link  |  Quote  |  Print  |  Notify Moderator

Old-Biscuit wrote:

That's the problem with 'long term'...over 30 days
You fall under tenant/landlord laws of the state.

I would have a very difficult time with it.
I am 'leasing'/'renting' site and own the rig so landlord had best stay out of my rig. They do not have a key so they would have to 'break & enter'

As Judge Judy says "You signed it...if you don't like it, don't sign it"
So clarify the 'premises' by making a notation on it "Premises means site...not inside my rig" and see how owner reacts.
If owner has a problem with that.....your choice ie: sign away your ownership OR move.


I agree, with putting a notation saying my camper is off limits...better for everyone that way


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colliehauler

Mc Pherson KS USA

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Posted: 10/13/13 03:59pm Link  |  Quote  |  Print  |  Notify Moderator

I have a seasonal site and leave a key with the owner. I have asked him to check on something or to get a measurement since I'm 900 miles away. I trust him implicitly.

Dtaylor

South Carolina

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Posted: 10/13/13 04:10pm Link  |  Quote  |  Print  |  Notify Moderator

It sounds as if you have concerns about the park owner since you describe him as "a control freak". Given this lack of trust, I would not renew and move somewhere else.


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Dog Folks

Naples, Fl. USA

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Posted: 10/13/13 04:45pm Link  |  Quote  |  Print  |  Notify Moderator

Scotties on Wheels wrote:

Any legal folks out there might have input to this. Full time RVer renting space in Fla. park for 6 months, then six months almost up and renewal lease is sent around to both rigs and park models with terminology indicating that owner of park can inspect, enter, et cetera "premises" at any time...says it's just the outside lot area, however this has been a problem for people in years past I'm told, and I wonder if "Premises" can also mean inside one's personal domicile, and several folks are worried as this owner is a bit, well, let's say "control freak". Does an ambiguously worded "owner can enter your premises at any time" carry the problem of it being used to "inspect" some elderly couple's rig or park model? Reading Fl. rental statutes doesn't help a lot because it doesn't appear to cover the motorcoach crowd. Does the Fourth Amendment cover the inside of their domicile unless there is probable cause or a warrant? I'm not talking about the criminal crowd here, but just ordinary retired folks who come down for 6 months for the warmth, in nice coaches, and their little pets, who pay their rent and electric on time. What protects us from overly intrusive misuse of authority? And this isn't meant to be a hot topic for radicals on the forum, but just a question of what is allowable and a lease that might waive certain rights.
Thanks for any input.
Scotties on Wheels


If he is a "control freak" what makes you think he would even know what the fourth amendment is? What would make him abide by it? If I don't trust someone, the last thing I am going to do is do business with them. Find a new place.


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DutchmenSport

Between Anderson, Pendleton, & Lapel, Indiana

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Posted: 10/13/13 04:56pm Link  |  Quote  |  Print  |  Notify Moderator

Well, if you are concerned about someone entering your RV and looking around, what are you "hiding" in there you don't want anyone to see? If you've got nothing to "hide" or if you are not doing anything "illegal" then what does it really matter? I don't give a flying pig who comes into my stick built home and wants to look around. I'm really proud of it and love showing it off. I'm the same with my TT.

About a year ago (I live in the country), the county Sheriff was on a man-hunt and ended up at our next property neighbors. I went to enquirer, and when I realized what they were doing, I practically begged them to search my property too. They searched the camper (as it's never locked and it WAS night), the garage, and even the house ... even though we were had just gone to bed.

I was GLAD they came in! Of course, I've got nothing to hide either!


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Bucky Badger

Madison, WI

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Posted: 10/13/13 05:02pm Link  |  Quote  |  Print  |  Notify Moderator

DutchmenSport wrote:

Well, if you are concerned about someone entering your RV and looking around, what are you "hiding" in there you don't want anyone to see? If you've got nothing to "hide" or if you are not doing anything "illegal" then what does it really matter? I don't give a flying pig who comes into my stick built home and wants to look around. I'm really proud of it and love showing it off. I'm the same with my TT.



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