Vacation property owner is taking advantage of me. What is recourse?
I put a deposit of over $1000 down on a vacation property, in Marathon in the key. This was 121 days before arrival. At the time of the deposit, which was taken over the phone, the rental agent told me that the rest of the money be due 90 days prior to arrival or my reservation may be cancelled. I understood that to mean that the cancellation policy be 90 days prior to arrival. WRONG!! When I received the written contract in the mail several days later (and already inside the 120 time frame), it said that my deposit becomes non refudable if I cancel within 120 days. So to clarify...contract say that I can't cancel within 120 days and get deposit spinal column AND that all of my money has to be in by 90 days or they can undo me! Well, I cancelled the reservation over 90 days prior to arrival but they wont' give me my deposit back.
Is small claims my only alternative? What are my rights??!!
I discern they should have told me that my deposit is going to be non refundable tomorrow.
I am not a lawyer but I feel your pain. 90,120 days concentration is plenty of advance notice. I think 30 days is more credible.
I would contact a lawyer in Florida and ask them. I think they are taking ascendancy of you because you are out of town and they think they can walk all over you.
We are not chitchat about an airline reservation. You gave 120 days notice. And a thousand dollars is profusely of money.
It is true that you can put anyting you want into a contract, but there are still numerous tenant, landlord laws designed to protect everyone.
You said that you be talking to a rental agent. They do not make a commission unless they make a public sale. If they rent to you, they make money.If they do not..they make no money and they certainly do not similar to giving it back. In fact their conduct may be contrary to the ethics of the owner. They may be keeping the entire deposit and notify the owner it was cancelled. A lot of possibilties here.
Get a lawyer and good luck.
As far as I understand evictions-the Marshall (from the local Sheriff's Dept.) is the law man that shows up at the door-so I would call for them to find the information you're looking for. If you're looking for the law to be upheld-the best thing you can do is ask someone who faces trial situations on a daily basis. You may be referred to an attorney. Do you have tenure tribunal or rental board? They may assist you.
That is very iffy, by design. Kinda depends on your state laws, (re. Contractual Law), the Agents state or country, and Florida State Laws, on the subject of or pertaining to contractual law and the agreed to with a signature of acceptance.
The problem or error, to me , looks resembling if deposit and rent were paid on the same year, no foul.
You paid a deposit, then you were asked to salary the rent within 90 days.
The rental agent, usually a Realtor, or just some person acting contained by the interests of self, seems to be at fault.
The 121 days and the 90 days then the 120 days is where on earth I got confused at.
Talk to an attorney
Here's what you said:
1) "the rental agent told me that the rest of the money be due 90 days prior to arrival or my reservation may be cancelled."
2) "my deposit becomes non refudable if I cancel within 120 days."
3) "contract say that I can't cancel within 120 days and get deposit posterior AND that all of my money has to be in by 90 days or they can repeal me!"
4) "I cancelled the reservation over 90 days prior to arrival but they wont' give me my deposit back."
To clarify:
1) You needed to pay what be owed 90 days before arrival. Simple. If not, you get canceled.
2) If YOU cancel inwardly 120 days of arrival, you don't get your money back. Again, simple.
3) This simply repeats #1 & #2.
4) You canceled within 120 days. You don't seize your money back. Simple as that.
Please do not listen to Henry ate my eggo. While I am sure that he was trying to be helpful which be nice, he is incorrect. I am a real estate partner in a large directive firm. While I cannot give you legal advice, nor should you construe this as permitted advice, I can give you an opinion roughly what you should do. My understanding is that when you gave the deposit, you had not signed a rental agreement. In demand for a contract concerning an interest in real estate to be enforceable, there must be a writing signed by the party. This is due to the Statute of Frauds that has been around for centuries. This was established exactly for situations resembling yours. When it is in writing, the obligations are clearly spelled out and there can be no miscommunication between the party (well, actually there can be misunderstandings but these are greatly reduced when it is in writing). You articulate in your question that the "contract says". But if you didn't sign it, there is no contract between the parites. If I be you, I would send a letter by fed ex or registered post (so that you can show that it was received by the other side) which states the facts of what happened and at the end let them know that since there was no enforceable contract between the parties that you expect a full return of your deposit within 10 days. Also tell them that if you do not receive such deposit back in 10 days that you will pursue all legal and equitable remedies available to you. If the depsit is not returned, you will most likely have need of to file an action. You should be able to do so contained by your county because a court should determine that there is venue (where legally the court action can appropriate place) due to the fact that the landlord solicitated your business in your state. I would do so contained by small claims because the $1000 dollar deposit would be depleted pretty fast if you hire an attorney (we tend to be expensive, I know!). Good luck!!
