Forum Discussion
- cliffcc078ExplorerI don't know if people don't bother reading the laws, but here it is.
1. Campgrounds in South Carolina fall under the hotel motel laws.
2. You are not a tenant at a campground, what you are paying for is an accommodation, even if you are paying by the month the payment is still based off a daily rate. The law recognizes you as a guest. You don't have a landlord at a campground, you have an innkeeper. As an innkeeper you Eject people from the property, not Evict.
3. It clearly states under the hotel motel laws that only a suspicion of ill deeds is needed to EJECT (NOT EVICT) a person off the property and that only a reasonable time is needed ( judgement made this 1-2 hours), once that time expires the authorities will remove said person and arrangements will be made for property retrieval.
4. It clearly states under Chapter 40, landlords and tenant act, section 27-40-120, the exclusions to this act (any rights as a tenant), paragraph 4, Hotels and Motels and ANY Accommodation Subject to the Accommodation Sales Tax (this includes the campground site you are staying in) is EXCLUDED from this Act.
You are a guest at a campground, just as in a hotel, you have no rights at all as a tenant. If the owner wants you gone you have at least an hour, maybe two to get up and go or you will be placed off the property and a trespassing notice will be given. (The innkeeper also has the right to hold your belongings just as in a hotel unless the bill is met, these belongs can be sold at an auction to for-fill the bill. Even though most cops don't know that campgrounds fall under hotel motel laws, the owner can point it out and the fact the all sites at a campground are subject to an accommodation tax and there-for just as in hotels and motels eviction does not apply, and if he does his job the person will be given a reasonable time to pack and leave.- KingsRV123Explorer
In person, I talked to the Judge in Belton, South Carolina and ask her about the law, she said, if I came to her with a tenant that paid by the month that i would have give them the same as if they we're renting a house apartment, etc. The thing is even if she's wrong. She's the judge, so how you going to do anything with that, plus you have to use the Judge in your area here.
- way2rollNavigator II
Not sure if you are aware, but you are responding to a post that's 8 years old and Cliff hasn't been on here since. We've asked that old posts be locked, or at a minimum google searches indicate how old posts are, but there really isn't any support on this forum. Most of the traffic is visitor responses to very old posts.
- bigwheelsturninExplorer
JTHarley wrote:
My only comment is why would anyone want to stay where they are not wanted or are being harassed? The wonderful thing about this lifestyle is you can pick up and leave on an hours notice and move on down the road to someone who will appreciate you staying and paying rent……If you've paid thru the end of the month or till a certain date then bite your lip and ride it out…..then LEAVE!
we really go with this one...like it...and have moved even 2 days after paying rent...forfeited it.
my husbands been working in SC for 7 or 8 years...while I'm in the camper with our 3 little dogs..
There have been several times...we jumped ship...drug addicts in long term campers..ugh!..pithy people...ugh!...ex inmates staying in one place..the manager told me to be careful around...VAMOOSE! - JTHarleyExplorerMy only comment is why would anyone want to stay where they are not wanted or are being harassed? The wonderful thing about this lifestyle is you can pick up and leave on an hours notice and move on down the road to someone who will appreciate you staying and paying rent……If you've paid thru the end of the month or till a certain date then bite your lip and ride it out…..then LEAVE!
- cjalphonsoExplorerIn the state of SC to evict one needs a 15 day warning then it takes about 15 days for the police to actually evict. However, in the rental agreement it is allowed to give the warning in the agreement negating having to wait the 15 days. The landlord can immediately file for eviction and the cops will put a notice of eviction on your door then show up 15 days later. They will remove you and your belongings, putting them on the curb, from the premises and then send you the bill. It definitely gives the upper hand to the landowner as it should.
- Ron8877Explorer
ford coupe wrote:
almost sounds like situation we have in our park in florida. park was sold old owner very sneaky didn't tell anyone they had sold,still don't know who to pay rent to,old owners staying in park till end of june-i don't trust them but we don;t want to make bad impression to new owners,any suggestions?
The owner of the park was under no requirement to inform you that they were selling. Pay your rent to the people running the park and get a receipt. You don't know what the agreement is nor is it really any of your concern.
Ron - Dog_FolksExplorer
ford coupe wrote:
almost sounds like situation we have in our park in florida. park was sold old owner very sneaky didn't tell anyone they had sold,still don't know who to pay rent to,old owners staying in park till end of june-i don't trust them but we don;t want to make bad impression to new owners,any suggestions?
Put the amount of the rent in escrow. If you pay the old owners get a written receipt showing what month you are paying for.
Be patient and play it by ear. - ford_coupeExploreralmost sounds like situation we have in our park in florida. park was sold old owner very sneaky didn't tell anyone they had sold,still don't know who to pay rent to,old owners staying in park till end of june-i don't trust them but we don;t want to make bad impression to new owners,any suggestions?
- darsbenExplorer II
balfre1946 wrote:
What rights do a RV tenant have in a South Carolina..we have a very grumpy landlord, we follow all the rules but he is harrassing us. Can he just throw us out for any reason he wants?
Short answer is yes as long as he does not discriminate against you because of race, creed, religion, disability or sexual orientation. - Francesca_KnowlExplorer
balfre1946 wrote:
What rights do a RV tenant have in a South Carolina..we have a very grumpy landlord, we follow all the rules but he is harrassing us. Can he just throw us out for any reason he wants?
If you're a recreational RVer, you have just one right/remedy: that of movin' on down the road.
If you're long term (anywhere from twenty days on up depending on State), you're covered by that State's Landlord Tenant Laws .
Here's a link to South Carolina's
Do be aware that if you're long term, the place you're in probably knows the law well enough to have devised a written agreement that complies with it and at the same time preserves all the rights of eviction necessary to rid themselves of folks they don't want around. - balfre1946ExplorerSECTION 27-47-530. Grounds for eviction; notice of eviction; sale of manufactured home left on lot following eviction.
(A) An owner may evict a resident for one or more of the following reasons:
(1) failure to comply with local, state, or federal laws governing manufactured homes after he receives written notice of noncompliance and has had a reasonable opportunity to remedy the violation;
(2) engaging in repeated conduct that interferes with the quiet enjoyment of the park by other residents;
(3) noncompliance with a provision of the rental agreement or park regulations and failure to remedy the violation within fourteen days after written notice by the owner. If the remedy requires longer than fourteen days, the owner may allow the resident in good faith to extend the time to a specified date;
(4) not paying rent within five days of its due date;
(5) noncompliance with a law or a provision in the rental agreement or park regulations affecting the health, safety, or welfare of other residents in the park or affecting the physical condition of the park;
(6) wilfully and knowingly making a false or misleading statement in the rental agreement or application;
(7) taking of the park or the part of it affecting the resident's lot by eminent domain;
(8) other reason sufficient under common law.
(B) Notwithstanding Section 27-37-100, a writ of ejectment may not issue until ten days after a verdict for the plaintiff except for eviction pursuant to subsection (A)(5).
(C) If a manufactured home remains on the lot twenty days after the resident has been evicted, the procedure in Section 29-15-10 may be commenced in order to sell the home in a commercially reasonable sale at public auction. The manufactured home owner or resident is not prohibited from moving the home before the day of the sale; however, he must pay any filing fee or advertising costs incurred for initiating the procedure in Section 29-15-10.
HISTORY: 1991 Act No. 135, Section 1; 1998 Act No. 382, Section 4.
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