Are you thinking of taking a vacation? Do you want to take some time away from your daily responsibilities, to relax and unwind? If you decide to rent a home, condo, or cabin, instead of a hotel or motel, keep in mind that vacation rentals for 30 days or less are different from regular rentals. This fact sheet is designed to help you in the process of choosing a vacation rental and to give you tips on how to solve a problem if one arises.
Common Problems
There are a variety of problems that you may run into when renting a vacation property. Vacation rental advertisements or descriptions are designed to get you interested in renting that particular property. But, sometimes the ad goes too far or maybe not far enough. The advertisement might fail to tell you about important information or may simply overstate the amenities the property has to offer. For example, the property might be described as having a swimming pool, but you find the pool is under repair and cannot be used. Or, the property is advertised as having an ocean view, but you find you can only "view" the ocean while standing on the roof deck.
Steps To Follow
To avoid these problems, try following these suggestions when agreeing to a vacation rental contract:
- get recommendations first
When searching for a rental, ask friends, family and coworkers for recommendations of places they have rented in the past. Because these recommendations are from people who have seen the rental and visited the area, they can give a reliable opinion.
If at all possible, visit the property you are thinking about renting. Otherwise, ask for a picture of the inside and outside if it is not already available on the Internet. Seeing pictures of the rental can help prevent any unpleasant surprises.
- make sure the premises are clean and that there are no health code violations
The State Sanitary Code protects the health, safety, and well being of renters and the general public. Make sure that the rental is in good physical condition. Inspect the rental for bug infestations, unsafe structural elements, or any other problems that may affect your stay. If you arrive at your vacation rental and find it in poor condition, contact the owner or manager immediately to ask them to resolve the problem. If the owner or manager does not remedy the situation, you may want to contact the local Board of Health.
- ask plenty of questions about the rental
Find out how many rooms there are, number of beds, and other amenities. Ask how far it is from the beach or center of town. Ask about your responsibilities during your stay, payments, security deposits, terms of the contract, contact information, cleaning fees, and anything else that you feel is important.
- put your agreement in writing and review it carefully
Ask about any wording that may be unclear. If you don’t want to agree to something in the contract, talk to the owner or manager and ask to remove it. Make sure that you and the landlord or real estate salesperson agree upon all the terms of your agreement. Get any verbal agreements in writing. Double-check the contract to avoid any foreseeable problems.
- be careful with Internet transactions
The Internet is an easy way to handle vacation rental transactions, but it can also be risky if not handled properly. Review all the terms and conditions of the rental and print out a copy of all agreements and E-mails between you and the owner or manager. If dealing with a company, check their complaint history with the Better Business Bureau and the Attorney General’s Office in the state where the rental is located.
- never pay more money than is necessary
Do not put money down unless you are sure that you want the vacation rental. If you put money down as a security deposit, make sure you understand what it may be used for and when it will be returned. Only send money to the owner or manager according to your agreement. You may want to agree on a payment schedule, preferably in writing, to avoid disputes.
- use a credit card instead of cash or check
It may be harder to get your money back if there is a dispute if you pay by cash or check. If you use your credit card, you may be protected under a federal law, the Fair Credit Billing Act. If there are charges you did not agree to on your credit or charge card statement, you may dispute the charge and ask the credit card company to investigate. For more information, contact the Federal Trade Commission (FTC) at 1-877-382-4357 or at http://www.ftc.gov.
Make your own log of payments, receipts, complaints, contacts with the owner or manger, and other important events and documents relating to your rental. These records may be helpful in resolving any disputes that may occur.
Asserting Your Right
If the property is not in the condition you expected or your security deposit is not returned as agreed, and you are unable to resolve your complaint with the owner or manager directly, then you may decide to take legal action. If your problem is with a merchant that has engaged in an unfair or deceptive practice, which is a violation of your State Consumer Protection Act, the law requires you to send the merchant a letter 30 days before filing a claim in court. The letter must outline your complaint, the harm you suffered, and how you want the problem resolved. This is called a 30-Day Demand Letter.
The merchant must make a good faith response within 30 days, or could be subject to triple damages and attorney’s fees. The 30-Day Demand Letter serves to encourage the merchant to negotiate and settle claims out of court. It also establishes the amount of monetary damages you can recover if the charges are proven in court.
You may also want to seek mediation assistance through your local consumer group. Mediation is an informal way to resolve disputes between two parties. Your local consumer group is affiliated with the Massachusetts Attorney General’s Office. You can also contact Consumer Affairs for a list of mediation services in your area.
You also have the right to sue in court if you feel your rights have been violated or the owner did not uphold their end of the agreement. For claims under $2,000, you may proceed in Small Claims Court. Larger claims must be brought to District Court. You may wish to seek legal assistance for larger claims.