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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100052
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Question ,Interestinly enough, I have a campground

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Question for Ely,
Interestinly enough, I have a campground question as well. 3 years ago I went into a "verbal"contract with the owners of a campground. The agreement at that time was: 126.00 per month year round. Occupants were to include myself, husband, my 3 children and three dogs. I have mailed my payments as agreed upon for the past 3 years even though we did not have time to camp last year due to the passing of my father. My home address was one every payment mailed along with an occasional phone number requesting communication. 5 days ago we went camping for the first time and found the campground was sold to a new owner. At that time he said he planned to divide up the lot I currently camp on in order to make more money. When I bought the camper, I also purchased 4 buildings on the site. He stated I either had to remove the buildings immediately or he would demolish them himself. I let him know if he would like me to leave with just my belongings I would do so if he reimbursed me for my camper and structures. He refused and actually called the sheriffs department yesterday. It was at that time he also stated I was the only occupant allowed and the rest of my family were trespassing since I did not reimburse him any "visitors fees". I was able to produce all the text messages that I have sent him since last week trying to resolve the issues, to which he did not respond. The sheriff concluded since he was unable to produce any documentation with my signature agreeing to these new terms he would have to take me to court and start an eviction process. The sheriff went on to explain that the sheriff's department would not be out again on his behalf to file charges or remove anyone. My question is, if he attempts to establish any outragious rules or stipulations do I have to comply or can I continue with my original agreement from 3 years ago since the camping season or "new leasing term" has started. Do I have any more legal action. After the officers left a family member of his ran a golf cart into the back of my car, to which I filed a police report and there has been multiple men sitting right on the outside of my lot screaming and being baligerant, I was really frightened. Thank you for your advise.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and thank you for requesting me. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry for the delay. I was in transit all day, so I could not get to the question before now.
I am sorry to say that I do not have good news here.
1) Any contract that lasts longer than a year must be in writing - see Ohio Revised Code 1335.05. As such, this would be treated as a new lease, and since verbal, month to month. This means also the landlord can set new stipulations.
2) Honestly, one is very much at the mercy of the landlord here because the original agreement with the prior owner was VERBAL, meaning that under Ohio Revised Code 1335.05, it is really not enforceable and it would be hard to make it "stick" in court.
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Customer: replied 1 year ago.
Is there anything that stipulates not notifying me prior to the start of the camping season? Also I have 4 large buildings on the site as well as my camper. He is threatening to demolish my buildings and camper of I do not remove them asap. The sheriffs department said he would have to file an eviction on me which could take weeks or months. Is this true or is it within his rights to give me a day to remove all buildings and camper or he will demolish them himself. Can he do this or does he have tonics me adequate time to address this?
Expert:  Ely replied 1 year ago.
Let us step back a second. Define buildings - what exactly did you put on there?
Customer: replied 1 year ago.
When I purchased the camper I also purchased a large building I use as a game room, 2 storage buildings and s small log cabin structure. They all, especially the building I use as my game room a large and weight tons. It would require me hiring a team to tear the down, hire people to move them and then hire people to put them back together at a different location. This is all in addition to moving camper which will require a large truck in order to have it pulled.
Expert:  Ely replied 1 year ago.
Thank you.
Is there anything that stipulates not notifying me prior to the start of the camping season?
No. The prior landlord did not have to notify you of the sale.
Also I have 4 large buildings on the site as well as my camper. He is threatening to demolish my buildings and camper of I do not remove them asap. The sheriffs department said he would have to file an eviction on me which could take weeks or months.
This is true.
Is this true or is it within his rights to give me a day to remove all buildings and camper or he will demolish them himself.
No he cannot as long as one remains a tenant. If so, then provided one remains a tenant, he cannot simply come in and remove the property. However, due to the nuanced situation, he can TRY to argue that you are simply a trespasser (false, of course) and then he can take this off his land without eviction. Now one can go to court to stop him, but the damage may be done by then already.
Can he do this or does he have tonics me adequate time to address this?
See above.
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Customer: replied 1 year ago.
So to clarify. He would have to evict me to demolish my buildings or give me adequate time to remove them myself ?
Expert:  Ely replied 1 year ago.
Well, this depends on how he treats the situation. If the treats this as a month to month tenancy (rightfully), he would have to give notice.
If the treats this as a trespass situation (wrongly), he does not have to. The problem is that if he is less than scrupulous, he may consider this a trespass regardless of the situation and attempt to take down buildings. One can then likely sue for this action, but the damage would already have been done.
Customer: replied 1 year ago.
The sheriffs department whom he called last evening stated, after hearing from both sides, that they have no intentions of coming back out to charge or arrest anyone for trespassing. The leutanent told him he would have to handle the matter in court.
Expert:  Ely replied 1 year ago.
I mean, as in "civil trespassing," that is, that he could claim that one had no right to be on his land and thus, whatever structure(s) there are on it may be taken off without notice via self-help.
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Customer: replied 1 year ago.
Sorry, if he tries to establish anything as far as a monthly lease, should I refuse, do my best to remove my buildings and let this play out in court if necessary?
Expert:  Ely replied 1 year ago.
Well, now you are painting me into a corner, so to speak. I am afraid that I cannot recommend certain actions to you. I can only provide general information. WHAT to do is u to you. I am sorry.
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Customer: replied 1 year ago.
Would he have to take me to court to establish "civil trespassing"?
Expert:  Ely replied 1 year ago.
Assuming he sees this as a civil trespass, he can if he wants to seek damages and an injunction, or, he can just utilize self-help and raze the structures on the property that he deems as unlawfully being there without notice.
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Customer: replied 1 year ago.
I'm sorry I don't understand the "utilize self and and raze the structures the structures he deems unlawful?
Expert:  Ely replied 1 year ago.
Recall my previous answer.
1) If the treats this as a month to month tenancy (rightfully), he would have to give notice.
2) If the treats this as a trespass situation (wrongly), he does not have to. The problem is that if he is less than scrupulous, he may consider this a trespass regardless of the situation and attempt to take down buildings. One can then likely sue for this action, but the damage would already have been done.

"Assuming he sees this as a civil trespass, he can [go to court] if he wants to seek damages and an injunction, or, he can just utilize self-help and raze the structures on the property that he deems as unlawfully being there without notice" - the bold part is simply the same as #2 from the above.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.