Post reply
Original Message:
Bizarre, but.... (by KC):
susanb533 states in part: >> I did explain to the superivsor at the resort that I had a signed contract, her response was that they would not inforce it. That This is my contract between the renter and myself...<< ============================================
This is a bizarre situation, but the unfortunate fact is that neither Marriott (nor any other resort management entity elsewhere) really has any responsibility for "enforcing" the terms of a privately executed agreement between an owner and a third party when the "agreement" did not / does not actually involve or include the resort management personnel in any way in the first place. It does not sound (from the limited information provided, anyhow) like the access of another legitimate occupant has actually been impeded by the "squatters", which is exactly what the resort would require in order to feel obligated to intervene in any way. You'd like to think that management on site might choose to "step up" for an owner, but they certainly have no legal responsibility or any obligation to do so --- and they probably have some liability concerns if they chose to interject themselves into a private matter whose complete details are partly (or entirely) unknown to them.
You could, as you mention, attempt to initiate legal action against your squatting "tenants" for breach of contract, but you'd actually prevail ONLY if your contract clearly identified (with the renters' signature agreement) specific "check in" and "check out" dates and times in the first place. To be honest though, I'm not sure to what extent you would even benefit by prevailing in court, absent your incurring any demonstrable, quantifiable financial harm. If you had another renter who was unable to gain access to the unit because of your "squatter", that would certainly be clear and demonstrable financial harm. If your own legal access and usage was blocked by the squatter after you had incurred travel costs to get there, that too would surely be demonstrable financial harm sustained. As it appears now, however, I'm not sure what "harm" you could / would attempt to claim in court which would result in any court ordered compensation, if the unit would otherwise have just sat empty and unoccupied anyhow. It's truly bizarre, to be sure and almost beyond comprehension. I don't claim to have all the facts here (notably and in particular ANY of the actual content, affixed signatures and ability to examine the validity of your rental agreement) but I don't in any event see Marrioot having much (if any) responsibility or authority to intervene on your behalf in the matter of your (entirely private) agreement with another party.
Please keep us apprised of the outcome of this matter. I've never once before heard of such a strange thing happening at any time in my own 25+ years of timeshare ownership. Just when I thought that I'd seen it all and heard it all before already, this is indeed a FIRST!