Buying, Renting, and Selling Timeshares

Person I rented to isn't leaving resort!

I understand your problem and have learned a long time ago that if I were to let someone else use part of my week, it is always on the latter end of that reservation, as people are prone to do what they want even though its wrong. In this case its not the resorts responsibility to enforce your rental contract, as the person you rented your week to is on the reservation. Just consider this as a lessoned learned.

Lanita P.

I'd like to know how the squatter wouldn't know that someone might have a contract to rent it the day the squatters were supposed to leave (departure date in contract)? How would a situation like this be handled by Marriott?

To the poster above, she had the arrival and departure dates in her contract in the renter's name, and I assume she informed Marriott with those specific rental dates only, not the entire week.

R P.

Yes next time I will only rent the full 2 weeks or just the last half. Marriott is still awful for not nudging them out, not applying any pressure to exit the premises, shame shame on them and sooooo rude with their "he is our guest now," comment (ummmmm I purchased this block of time paid for the room, I get to say who is my guest) and how about the very flipent "we don't know if he's left yet, his credit card is still on the room." Here I am 600 miles away, they know it and offered no assistance. Like I said just a phone call to the room letting them know that it's 'time to go' would have been nice, not asking for too much here. As an owner, I have learned that the non-owner has prioirity, they are a potential sale, someone to impress.

My advice, don't purchase a time share, you will save money by renting from an owner, off of Redweek.com. The poor saps (me included) that spent the big bucks and purchased at these no doubt, beautiful Marriott propertys, from what I can see, receive no benifits for it. The other added lesson learned here, RENT DON'T BUY!

Jay Jay, I'm not sure what they would do with the conflict of a second renter arriving, another question to ask my 'owner rep.' Have a great day!

Susan B.

susanb533 wrote:
Thank you for your response. 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, however if I would have traded with interval they would inforce that. BEWARE that if you break up a week, with a signed contract, the people don't have to leave as agreed, they can squat. I asked the supervisor to remove them from my reservation, then 'boot' them, again the answer was "no, can't do that, they are now guests!" Yeah, very frustrating. This renter can just squat for the duration of the 2 weeks. I can sue them in small claims court, Fly down from No. CA and deal with this B.S. For Marriott to do this to me, over the top, angers me. I wouldn't reccommend anyone purchase at this or any Marriott timeshare, their is no support to uphold my contract! This is my first time renting out my timeshare, in prior years we have traded, never really able to stay where we requested 1-2 years prior. our idea was that we would sell this year and that would cover the cost of where we want to go this year, so far not working out so well.

I know you don't get as much on your end for your rental if you go through a realtor to rent it out for you, but if you are not local then it might be a good idea. The way I see it is I live by newport, and I can drive down there if there was anything wrong, but you can't. So next time you might want to consider a agency that can handle your problem, and they also write up the contract for the renter and yourself.

Kathy F.

Just curious--I am new to RedWeek and wonder whether a contract drawn up by a titling company would have been more binding? Or, are they simply negotiators of fund collections? We own in Aruba (Marriott Surf Club), and I worry about us being charged for damages caused by someone renting our unit. Thanks

Paula H.

paulah89 wrote:
Just curious--I am new to RedWeek and wonder whether a contract drawn up by a titling company would have been more binding? Or, are they simply negotiators of fund collections? We own in Aruba (Marriott Surf Club), and I worry about us being charged for damages caused by someone renting our unit. Thanks

================ An escrow company would only "hold" the money. They would not be liable for any damages. You can give your week to Marriott; they will rent it and send you a percentage of rent. In this case, you would not be liable for any damages. Other than collecting a large security deposit, I don't know of another method to protect yourself from damages.

Mike N.

Last edited by mike1536 on Jul 16, 2008 12:15 PM

At the very least, I would post the NAMES and city of origin of these deadbeats and file a small claim against them. Chances are they would not show up in a small claims court and the judge would find for you. Then you refer the judgement entered to a collections agency and let the agency go after them and hopefully hound them. The judgement can of course end up on the offender's credit reports and remain for years and hopefully will hurt their credit. Wendywins

M. w. S.

paulah89 wrote:
Just curious--I am new to RedWeek and wonder whether a contract drawn up by a titling company would have been more binding? Or, are they simply negotiators of fund collections? We own in Aruba (Marriott Surf Club), and I worry about us being charged for damages caused by someone renting our unit. Thanks

Hello, from what I understand that is part of the risk we take when renting out the unit, the title company assures that you receive whatever funds are required for rental. It was suggested that we collect a reasonable deposit, I would highly recommend this. My Mother owns at Aruba Surf, we love this resort!

Susan B.

wendywins wrote:
At the very least, I would post the NAMES and city of origin of these deadbeats and file a small claim against them. Chances are they would not show up in a small claims court and the judge would find for you. Then you refer the judgement entered to a collections agency and let the agency go after them and hopefully hound them. The judgement can of course end up on the offender's credit reports and remain for years and hopefully will hurt their credit. Wendywins

Great advice, I'm copying this and keeping it in my file!

Susan B.

Wendywins has incorrectly offered: Re: >>...and file a small claim against them. Chances are they would not show up in a small claims court and the judge would find for you.<< ================================================

Wrong. In the absence of any demonstrable monetary harm, there is no basis for a claim in the first place. Any such effort would be just a complete waste of time. Also, it costs money to file a case, which would ultimately and promptly be summarily dismissed, since no one suffered ANY financial harm in ANY amount. I'm certainly not defending the unethical actions of the "lingering" renters; I'm merely making an observation about the real world operations of the court system. Small claims court is for the recovery of demonstrable, specific financial harm sustained, under a certain dollar maximum which varies from state to state. By OP admission, OP did NOT actually sustain ANY financial loss, since the tenants paid the full amount reflected in their rental contract. The inappropriate "lingering" of the "tenants" did NOT actually create ANY financial loss, since that "overstay" did not in any way impede subsequent access to the unit by either the owner or by any other renter. Please don't shoot the messenger --- like it or not, that's just plain how it is. If the rental check bounced or the "overstay" had impeded access by other renters, or otherwise created an additional expense to the owner, then it would be an entirely different story. However, those hypothetical circumstances are clearly NOT among the facts as presented by the OP (susanb533) regarding this particular matter.

Last edited by ken1193 on Jul 17, 2008 07:57 AM

ken1193 wrote:
Wendywins has incorrectly offered: Re: >>...and file a small claim against them. Chances are they would not show up in a small claims court and the judge would find for you.<< ================================================
Wrong. In the absence of any demonstrable monetary harm, there is no basis for a claim in the first place. Any such effort would be just a complete waste of time. Also, it costs money to file a case, which would ultimately and promptly be summarily dismissed, since no one suffered ANY financial harm in ANY amount. I'm certainly not defending the unethical actions of the "lingering" renters; I'm merely making an observation about the real world operations of the court system. Small claims court is for the recovery of demonstrable, specific financial harm sustained, under a certain dollar maximum which varies from state to state. By OP admission, OP did NOT actually sustain ANY financial loss, since the tenants paid the full amount reflected in their rental contract. The inappropriate "lingering" of the "tenants" did NOT actually create ANY financial loss, since that "overstay" did not in any way impede subsequent access to the unit by either the owner or by any other renter. Please don't shoot the messenger --- like it or not, that's just plain how it is. If the rental check bounced or the "overstay" had impeded access by other renters, or otherwise created an additional expense to the owner, then it would be an entirely different story. However, those hypothetical circumstances are clearly NOT among the facts as presented by the OP (susanb533) regarding this particular matter.

======== I just encountered this thread. Maybe Marriott is different, but I would not think of reserving a long period in one name and then expecting assorted renters to pass the place on from hand to hand or get out before the end of your reservation's duration. The resort always needs to know that the owner or a named guest/renter will be in residence. If you let them think Joe Jones has the entire reservation period, why would they think they should expell him? They are not responsible for your contract.

You can reserve assorted weeks or partial weeks and rent them, but if you reserve a specific period and then need to break it up, the usual thing is to cancel and try to rebook in the desired increments... Which often will not work, because when you cancel you no longer have dibbs on that time period or unit.

Either find a specific renter and reserve what he wants or reserve something and rent it all to someone who wants it. If you are not present, the name on the confirmation should be the contracted renter. MD

Mary D.

Last edited by adahiscout on Jul 17, 2008 02:05 PM

Obviously, you would have to pay to file a small claim. It is normally not a great deal. I have filed them in my state when a renter stayed longer than the rental agreement, did not pay, or created damages. When I win, I get my costs reembursed as well as the unpaid rent or damages. Its true that each state is different. However, it is also true that the dispute is between you and your renter and is not for the resort to resolve or enforce. You may not get your money but any judgement..such as a default finding for you against the squatter (who owes presumed rent at the same rate for occupancy beyond what he agreed to pay for few days you expected his occupancy), will be on his credit report.

M. w. S.

I would definetely put them on a do not rent list again. I wonder what they would have done if someone else had shown up for the other days?

susanb533 wrote:
I own 2 weeks at Newport Coast (Marriott) rented the unit out for 3 days of the 2 weeks and now they (the renters) are not leaving. We signed a contract, but what do you do when you're 600 miles away and you have a" sitter?" The resort says "you put the name on the reservation, nothing we can do." What can I do to get them removed, I'm being ripped off! Should I never break up my weeks again if I have no recourse? Any suggestions would be very appreciated!

Anita F.