Don’t
Get Burned In Your Summer Rental Deal
For many New Englanders, summer vacation means heading off to a rental
cottage for a week or more of sun and relaxation. But if you’re not
careful, you can get burned in your summer rental deal. When you rent a
vacation home or cottage you are entering into a contract, and whether
you are the one who owns the cottage or the person renting it, the deal
should be in writing to legally protect everyone involved. We all know
someone who’s had a nightmare experience – the family who ended up with
a summer rental that looked the Adam’s Family’s house, or the owner
whose property got trashed by unruly seasonal tenants. There are basic
contractual terms of the rental deal that need to be spelled out, and
depending on which side of the fence you’re standing on, there’s
additional language you’ll want to include to cover yourself.
Like
any contract, there are standard terms that should be included. For
instance, make sure you include the following obvious details: the
property address, the names of the renter and owner, when the rental
period begins and ends, the cancellation policy (if any), the amount of
the rent, acceptable methods of payment, and what deposits are
required. Owners have to make sure they are following their particular
state’s laws regarding deposits or they could find themselves in a heap
of trouble. Renters should double check to make sure what they are
being asked to do is acceptable. Same goes for making sure the rental
agreement complies with all relevant laws including health/safety codes.
The
agreement should specify how many people can occupy the property. This
is a big ticket item because renters often plan on inviting friends and
family to visit, sometimes overnight. If you are renting and you have a
pet you plan on bringing with you, read the rental agreement very
carefully. Many owners do not allow dogs or other animals. Imagine
getting all the way to the cottage and having to turn around to bring
Spot back home. The only thing worse would be your in-laws showing up
and having to send them back home because you’ve gone over the
occupancy limit – well, maybe not!
If
you are the renter, you’ll want a written promise that the property
will be cleaned before you arrive, as well as verification that the
property is insured in case someone gets injured. The agreement should
also spell out who the contact person is in case there is a problem
with the property. If an owner takes a security deposit, the contract
should clearly spell out what specifically entitles him/her to keep
part or all of your money. If you are an owner, you should consider
putting language into the contract that states what condition the
renter has to leave the property in, and that you can use their deposit
to clean up if the place is filthy or towards repairing any damage. If
you are the owner, you also want the renter on the hook for any damage
caused by their abuse or neglect. Make sure your agreement obligates
the renter to immediately alert you if they find any dangerous or
defective condition so you can fix it right away (as well as state in
the contract that you may have reasonable access to access the property
while the renter is there). Most rental contracts include language that
prohibits the renters from illegal activity or disruptive behavior
(like making excessive noise that will bother the neighbors).
Many
people like to coordinate rentals over the internet. If you are a
renter, though, you have to remember that seeing an offer on a website
is not the same as having a contract. A website can easily be changed
and provides no proof of the offer as you first saw it. And remember,
most vacation websites do not warrant or verify the information they
receive and post. And finally, with regards to payment, using a credit
card can be a win-win all around. From the perspective of the renter,
in case your dream vacation rental turns out to be the shack the
Beverly Hillbillies left behind, you’ll have a better chance of getting
your money back if you paid by credit card rather than cash or check.
You might also be protected by the Fair Credit Billing Act. If you are
the owner, getting payment via a credit card means you don’t have to
worry about bounced checks or last minute cash payments that never
materialize. You can’t control the weather this vacation season, but
you can do what it takes to legally protect yourself from getting
burned in your summer rental deal!
Copyright
2006 - Law Office of Gina M. Ghioldi, P.C.
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