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Advice on Rental Situation

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  • Advice on Rental Situation

    I have been renting our timeshare weeks for the past 4 years or so without major problems... until yesterday. My weeks are floating, so what I usually do is reserve my weeks then advertise that those weeks can be changed for a nominal fee. A few weeks ago while we were on vacation, a person emailed me about renting a week. The only week I had available was a holiday week (New Year's eve), but I decided to move that to the date the renter wanted and decrease the rental fee a bit so it was closer to the rent for my non-holiday week. Normally, I don't ask for money before I make a reservation date change because the inventory at this resort can change quickly. Instead, I make sure the person is definitely committed, make the change, then send a rental contract asking for all fees up front (I used to ask for half of the rental fee as deposit up front and the remainder later, but I changed that after I got burned last year).

    To make this story short - this person and I agreed upon a rental rate, I made the changes and we agreed to exchange the rental agreement and fee at a later date, since I was still on vacation and she was heading out of town. I had not yet forwarded the rental agreement when the renter emailed me yesterday and indicated that perhaps their plans were changing, may not want the week after all, and would repay me the $25 fee for changing the date.

    What is my recourse at this point -
    • take the $25 and learn from this experience?
    • ask for the $25 plus the amount of rent I lost by moving the date from a holiday to non-holiday week?
    • or hold the renter to the full amount because we had a contract (all documented in emails)?
    If the renter was in my own state, I could take the person to small claims court; however, the renter is in OR and I'm here in IN and the timeshare is in HI, so I wouldn't even know where to file such a claim!! Anyone knowledgeable about the ins and outs of small claims court?

    For the future, I will have the renter immediately transfer at least half the rental fee into a PayPal account BEFORE I make any changes to a reservation.

    Any advice on this situation would be appreciated.

    Evelyn

  • #2
    As you didn't have a signed agreement, I think take the $25 and learn. Email may or may not hold up as an enforceable agreement.

    For floats/points, I generally require a deposit and a signed agreement to make the booking, with the balance due immediately after booking is made. The deposit is non-refundable if the booking is made successfully, but refunded if inventory is not available when the booking is attempted. If the renter does not follow through after the booking is made, I simply keep the deposit and move on. The deposit is structured to cover my costs for making/cancelling a booking, and accounts for the intangible costs of giving up a "good" week if necessary.

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    • #3
      You are extremely lucky that the renter even agreed to pay you the $25 fee. Get that fee and move on.

      This year has been a tough one for the rental market. More so than ever before, renters are making deals and backing out. Probably due to the economy and gas prices. However, the biggest thing you need to keep in mind is that no renter is your friend. And, they are not your customer until they pay. You should treat them as if they will stiff you until you get paid and then you call the shots.

      What is happening a lot this year is that someone will make a deal, find a better deal later and leave you in the dust. If someone has a unit on hold with someone without putting down a deposit of some type, you are allowing them to use you until they find a better deal. In this market, they will.
      My Rental Site
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