RV park residents' rights in question

MISSION - Unrest at one recreational vehicle park has led some Winter Texans to examine their rights as renters in the Rio Grande Valley.

The Mission Bell-Trade Winds RV Resort in Mission evicted a Canadian couple just after Christmas for opposing owners' efforts to consolidate activities and services in the two once separate parks.

Margaret and Jim Ferris say a Mission police officer threatened them with criminal trespassing charges if they did not pack up their recreational vehicle and leave within a few hours of being asked by the park's manager. The officer's report disputes their account.

Apartment tenants in Texas must be given a certain amount of notice to vacate their rentals under state law. Landlords have to ask a civil court to evict a tenant to cut that period short.

But whether RV and mobile home tenants - who might own their homes but rent the land they're parked on - have the same rights has been a subject of debate throughout the state.

Mission Bell-Tradewinds owner Christine Knoles, herself an attorney, likened Margaret Ferris to a hotel guest who disturbed others, rather than an apartment tenant. Hotel guests can be evicted for nearly any reason.

"There's dozens of RV parks in the Valley they can relocate to," Knoles said.

Margaret Ferris was discourteous to other guests and created strife in the park, she said. "There's a limit to what guests can do at a resort."

But the Ferrises could have stayed without fear of arrest and forced Mission Bell owners to file formal eviction proceedings through a justice of the peace to remove them - even though they, like most Winter Texans, had no formal lease for their lot, legal experts said.

"They're still renting, whether they're renting a space or they're renting an apartment," said Raul Guajardo, a Brownsville attorney. "Even if there are some disruptions, (landlords) still need to go through the JP."

When he was approached by the Ferrises, Assistant Police Chief Robert Dominguez had to check with Justice of the Peace Luis

Garza because he wasn't sure what rights RV park residents were entitled to.

Garza agreed with Guajardo that they needn't have vacated that day if they didn't want to.

Still, the Ferrises were lucky to have gotten most of their money refunded by the resort.

Many other parks explicitly state in their rules that prepaid rent will not be returned if a guest is evicted.

Sara Perkins covers Mission, western Hidalgo County, Starr County and general assignments for The Monitor. You can reach her at (956) 683-4472.

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