May 13, 2008

Does anyone care to share a copy of a rental agreenent I can use to protect myself and the renter? It would be greatly appreciated. Thanks


Martin M.
May 13, 2008

You can look here on Redweek and most other timeshare forums and get a copy off the site.


Phil L.

Last edited by phill12 on Jun 02, 2008 05:00 PM

May 14, 2008

Thank you


Martin M.
May 14, 2008

You can find sample rental agreements on virtually any and every timeshare site. Be very certain that any rental agreement you execute has a clearly and specifically addressed and defined cancellation policy.

The cancellation policy in the rental agreement should include cancellation date dealines, if any, as well as identifying specific percentage of refund, if any. If you intend to have a "no refund for cancellation after payment is made" term, you must very clearly say so in writing, and get renter signature acceptance of that particular term and condition of the rental agreement. Otherwise, without that term of agreement regarding "no refunds" being both expressed AND accepted, in writing and under signature, in any later legal battle you WILL most likely lose that contest and be forced to issue a FULL refund.


KC

Last edited by ken1193 on May 14, 2008 04:58 AM

May 14, 2008

martinm35 wrote:
Does anyone care to share a copy of a rental agreenent I can use to protect myself and the renter? It would be greatly appreciated. Thanks

SAMPLE RENTAL AGREEMENT:

RESERVATIONS - Upon mutual agreement of unit rental, a ____% deposit must be made to confirm your reservation. Balance is due upon written confirmation or no later than _________, 2007. Payment is to be made with a bankcheck/draft (or a personal check if you accept that mode).

CANCELLATIONS - No cancellation allowed once a reservation has been made.

CHECK-IN/OUT - Check-in time is _____ P.M. on arrival date of __________, 2007. Check-out time is _____A.M. on date of departure of_________, 2007. Any exceptions must have prior approval from the owner and/or resort. The agreed upon rental price for the above stated timeframe or week of ______, 2007 is ________$ for unit number ____ at _________ (resort).

RULES AND REGULATIONS - Upon check-in, you must present a credit card to the front desk personnel, just like when you rent a hotel room. YOU are responsible for any damage, loss or theft incurred while renting this property. Any damage, which is not considered normal wear and tear, loss or theft caused by you, the renter, may be charged to your credit card. In order to reserve the integrity of the unit, we ask that it be occupied in a quiet and dignified manner. As guests of ______________(resort), you are expected to respect the premises and its contents and guard against damage, loss or theft. You are expected to adhere to all of _______________(resort) rules and regulations. The _____________ (resort), its employees and property owners will not be held libel for any claims, suits, damages, costs, losses and/or expenses arising from injury to any person or property occurring on the premises resulting from/relating to rental of this property. The renter must be at least 21 years of age and agrees not to sub-rent this unit. The rental rights acquired from this rental agreement are non-transferable.

TELEPHONE - All telephone calls, toll calls etc. will be billed to your credit card. NO PETS ALLOWED AT______________ (RESORT) AND NO SMOKING ALLOWED IN THE UNITS. A copy of this rental agreement is hereby acknowledged by both parties.

_________________ _________________ Signature of renter Signature of owner

Name, address, phone Name, address, phone __________________ __________________


R P.
May 14, 2008

Re : >> CANCELLATIONS - No cancellation allowed once a reservation has been made. << =========================================

I'd respectfully suggest "tightening up" this language a bit, since it's too vague and leaves the notion of "reservation" ambiguous and open to several different possible interpretations (for example, does it mean once reservation of a float week has been made by the the owner on behalf of a renter? or does it mean once renter "reserves" the week with the owner? ). Terms needs to be clearly defined in order to be solidly, legally valid and enforceable.

Personally, I'd recommend replacing this particular language with something a bit "tighter", possibly like the following:

"Upon owner receipt of payment for this rental, the reservation is considered by both parties to be confirmed. No refund will be issued in whole or in part at any subsequent time in the event of later cancellation by renter."

Just a suggestion, to adopt or ignore as you may see fit.

This would admittedly only be a potential issue if a renter undertook legal action to seek a refund after cancelling. That may only seldom happen, but in most courts "tie goes to the tenant". Clearly avoiding any misunderstandings right from the outset by clearly defining all terms and conditions is really in BOTH parties' best interests.


KC

Last edited by ken1193 on May 15, 2008 04:49 AM

May 29, 2008

martinm35 wrote:
Does anyone care to share a copy of a rental agreenent I can use to protect myself and the renter? It would be greatly appreciated. Thanks

Martin, I would also like a copy of such an agreement--have you had a reply and if so would you share it with me? Tims223


Tim S.
May 29, 2008

tims223 wrote:
martinm35 wrote:
Does anyone care to share a copy of a rental agreenent I can use to protect myself and the renter? It would be greatly appreciated. Thanks

Martin, I would also like a copy of such an agreement--have you had a reply and if so would you share it with me? Tims223

============ Tim,

Just copy the agreement previous posted by jayjay in this thread


Mike N.
Aug 27, 2010

Can anyone suggest what a "fair" cancel policy would be. If we can re-rent I would just charge a re-post fee. Any suggestions? Debbie


Deborah S.
Aug 28, 2010

jeffreys95 wrote:
Can anyone suggest what a "fair" cancel policy would be. If we can re-rent I would just charge a re-post fee. Any suggestions? Debbie

That would be a personal decision by you as to what you deem a fair cancellation policy ... in other words, what you'd be comfortable with. Some owners don't offer a cancellation policy once the transaction is complete while some do and the policy should be in the rental contract.


R P.
Aug 30, 2010

jeffreys95 wrote:
Can anyone suggest what a "fair" cancel policy would be. If we can re-rent I would just charge a re-post fee. Any suggestions?

I'm not taking a stance on the mnatter, but many owners have a strict "no refunds" policy under ANY circumstances once a rental agreement has been executed. Many such owners make that policy crystal clear in writing within their rental agreements. Many even go one step further and say "there will be no refunds under any circumstances in the event of rental cancellation. Renter is advised to obtain his/her own travel insurance to protect renter in the event of unexpected cancellation".

Not recommending, just reporting...


KC

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