Background Checks – Always


This article is general in nature and is not intended as legal advice for any specific issue that might arise, since every situation is different. Always consult a knowledgeable landlord attorney with your specific legal issues. 


A very recent court case highlights the ongoing importance of always conducting background checks on potential tenants.  This particular situation arose at an RV park when two overnight guests refused to vacate despite never being offered a rental agreement.  There were unusual circumstances that led to the situation, but the main point is to never let anyone become a tenant without running a thorough and accurate background report first.


Bill Miner Article: Post Disaster Landlord-Tenant Rights & Responsibilities & Insurance Payment

One of the advantages of being a lawyer at Davis Wright Tremaine, is we have lots of different lawyers with many different areas of expertise. To answer the questions below, I enlisted the help of my colleague Jim Oliver, who is a lawyer with substantial experience in the insurance industry. As with all of these articles, the following should not be construed as legal advice and no attorney-client relationship is created. If you have specific legal questions or concerns, please reach out to your attorney.


RV Eviction for Nonpayment of Pre-COVID Rent?

Question:  We have a couple living in a nice RV in our park on a month-to-month rental agreement.  They have been here for about two years, are retired, and have never had trouble paying the rent.  To make a long story short, we refused their rent earlier this year in January, February and March until we resolved a dispute with them regarding their dogs.  When we asked them to pay that rent, they refused because by then the statewide COVID-19 eviction moratorium had gone into effect.  Can we evict them for not paying pre-COVID rent that they still owe?


Mark Busch Q&A: COVID-19: Reopening RV Park Facilities 


Question:  Our county has entered Phase 2 of the reopening procedures for COVID-19.  While we have kept the park restrooms, showers and laundry room open during the state-wide shutdown, we have kept other park facilities closed.  We are still reluctant to open our swimming pool, small indoor rec center, and playground.  What are we required to open and how do we safely do it?


Mark Busch Q&A: COVID-19 Emergency Violations by Residents



Question:  We have residents in our RV park who seem to be blatantly violating the governor’s COVID-19 emergency stay-at-home order.  Some residents have outside family members or guests come by regularly, while a few other residents get together on their spaces to just “hang out” in the evenings. This has caused some concern in the park, so what can or should we do?


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