b'GUEST VIEWAsk a Lawyer: How to Handle Third-Party Rental UnitsMore than ever owners have had to remove both short-term and long-term guests from campground properties.Christine What should you do? What should you have done before? TaylorEditorsnote:ChristineTaylor,agreatlydependingonwhetheryouchecks in that they are also signing ap- should clearly define the relationship Principal Partner at The Towne Lawwant to prohibit them fully or managepropriate paperwork (like all guests)(if possible, as a licensee) and your Firm, P.C., is starting this column as athem in a way that protects your busi- and additional paperwork regardingability to remove them at any time place for campground owners to getness.liability for damages to the camperwithoutarefundforbreakingyour answers to their legal questions andIf you choose to ban them fully, youand your property.rules. Did you update your rules for better grasp industry issues. Park own- should:You can make this work for yourthisseason?Wehavehadcamp-ers can email email@example.com for Put in your rules that they are pro- business,andprotectyourself,butgrounds that need to remove guests a chance to have their questions an- hibited,andyouwillremovethemtake the time to address it so you arefordamages,harassmentofother swered in a future column.without refund if they try to circum- prepared for all scenarios.campers and failure to pay. Was there vent the rule.How do I remove a guest/campera new law that passed that made your Third-PartyCampingRentals Create policies that make it diffi- from my property?rules incorrect? In New York, for exam-What can you do? What should youculttohaveanon-registeredguestMore than ever owners have had tople, with the legalization of marijuana, do? What should you be concernedentersuchas,youcannotenterremovebothshort-termandlong- banningillegaldrugsfromyour about?with a camper unless your drivers li- term guests from campground prop- property wont cover marijuana. If you With the shortage in camping units,cense matches the name on the reser- erties.Whatshouldyoudo?Whatwere not aware of the new legislation, new owners of campers and the pop- vation.should you have done before?such rules are unlikely to completely ularity of home and room sharing on Make it clear upfront when takingThe first thing you should be awareprotect you or properly outline all of-AirBNB, campgrounds now must con- thereservation.Obviously,creativeof is the laws in your location. In somefenses for which you can remove a tend with third-party rentals. Not thepeople will try to figure out other waysstates there are specific laws that helpguest. traditional rented motorhome beingto get around this and some of theseyou remove short-term and long-termThedocumentsweregreat,the brought in by a registered camper, butsuggestions are easier to implementguests. You would want to follow thatrules were clearhow do you remove a camping unit being dropped off bywithin a gated campground, but thestatute line by line to take advantagesomeone? In writing is always best. the owner for another person to use.more difficult you make it, the lessof the benefit it provides. For example,Especially for long-term guests, you This has begun to flag some con- likely it is to happen.in New York, there is a specific statutecan hand-deliver a letter to them at cernsforcampgroundowners. TheLetssayyouaregoingtoallowregarding long-term guests and theirtheir campsite, but I would also follow personenteringandleavingthethird-party rentals. What should youremoval. It requires clear rules and aup with a letter sent certified mail, so campgroundisneveraregistereddo? Call your insurance company andfinal written warning, but ultimatelyyou have additional proof of their guest. If they hurt someone or damagesee if they have any requirements foralso allows you to utilize the assis- awareness of the timeline for removal. something dropping off and pickingthis situation. Once they say you aretance of law enforcement and laws toClearly reference the rules and docu-up the camper, can you hold them re- good to go, you should recheck yourremove abandoned property.ments that allow you to remove them, sponsible? What if they get hurt? Willpaperwork.If you do not have a campground/their timeline for removal and when your insurance cover it?Amendyourrulesagain,makeRV park-specific law, some states haveall personal property should be re-Thentheguestarrives,andtheythere be penalties for late pick-ups, etc.laws in their hotel/accommodationsmoved from the campsite. dont know how to use the camper and Make the person dropping off thecategory that might help assist you.What if they still dont leave? Hope-break somethingmaybe your utili- camper and picking it up sign paper- Conversely, if you are in a state with- fully, prior to this occurrence, you had ties when putting out a slideare theywork indemnifying you, waiving theout a law, where do you look next?built a relationship with your local law responsible?righttodamages,etc.MakethemYour paperwork and rules.enforcement, so they understand the The very first conversation whenagree to financial penalties for damag- What kind of agreement did yourelationshipyouhavewithyour addressing these issues is whether youing things and/or for not picking uphave with your guests? Did you makeguests. Once a guest is asked to leave, want to allow third-party rentals orthe camper in time.it clear in the paperwork? Does it def- they are essentially a trespasser, and not.Yourplanofattackwillvary Make sure when the actual guestinite the relationship? The documentslaw enforcement should be willing to assist in removing trespassers. What if the guest tries to sue? Or hires an attorney? Nothing truly stops someone from threatening legal action or bringing a lawsuit. But, if you have done everything correctly according to both your local law and your docu-ments, they will have a hard time win-ningagainstyou.Anecdotally, recently a campground had a similar issue,buttheattorneythecamper hired was unaware of the state law gov-erning the situation. Once they were made aware of their incorrect position, the matter was easily resolved. As with everything, better to plan for the worst and be pleasantly sur-prised if you never have to rely on it.ChristineTaylor,agraduateof UCLA School of Law, is a partner at The Towne Law Firm, P.C., a law firm with attorneys licensed in New York, Connecticut,Vermont,Massachu-setts, Washington D.C., Pennsylvania and New Jersey. Taylor has grown up in the camping industry and her fo-cuses are in the areas of Hospitality Law, Business Law, Labor and Em-ploymentLaw,RealEstateLaw, Trusts and Estate Law, and Litiga-tion.WCM30 October 2021Woodalls Campground Magazine'