Person I rented to isn't leaving resort!

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!

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!

What a dilemma .... I've never heard of such a situation before. Did you not stipulate the dates rented in the contract (arrival and departure)? If so, you need to fax a copy to the resort ASAP .... security will take care of the rest. If you don't have fax capabilities, go to your nearest library.

You can break up your weeks again, just be sure to stipulate the arrival and departure dates in the contract.

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.

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!

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!

I don't know why you cannot just call the local police. If you have a signed contract. And why not Just either fly (I don't know where you live) or Drive and have them escorted OUT! This is quite unbeliveable!1 I will be more than interested in how this all turned out.

Did you fax a copy of the contract to management at the resort with the specific dates of arrival and departure? If so, it's their (the resort's) responsibility to oust the squatters.

Who, exactly, did you talk to at the resort? Could it have been merely a front desk person that didn't know proper procedure in a situation like this? If so, ask to speak to the head manager of the resort. It's a simple matter of security ousting them with a copy of the signed contract in hand. If this is not handled to your satisfaction then I would go to the very top at Marriott's corporate office to voice your displeasure.

Please keep us informed.

susanb533 wrote:

That This is my contract between the renter and myself, however if I would have traded with interval they would inforce that.

The sentence above shows just how uninformed the person you talked to is. If you had traded with II (Interval International) and then rented that trade to someone else, that's against II rules. You cannot rent out a trade made with either RCI or II.

Hello, you are correct in that, I don't have anyone wanting to get into the resort and yes my contract is clear as to the arrival and departure dates. This is more of a moral issue on the renters part and the fact that they are blantantly stealing, not paying for added usage of the unit. I purchased the unit, paid my maintenance fees, taxes, why should they get any free usage? This particular party has left, I mainly wanted to post to let others know that it is very important to collect a refundable deposit, to better insure that the renters abide by the rules set forth in the contract. Another heads up, don't count on the Newport Coast staff to back you up in any way, count on them having a "to bad, so sad" attitdude, they could care less and offer no support, as the squatter is viewed as a "guest", another potential "SALE!" Yeahh I'm a little bitter about the whole situation, apprectiate all of your advise and suggestions.

lindaa138 wrote:

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!

I don't know why you cannot just call the local police. If you have a signed contract. And why not Just either fly (I don't know where you live) or Drive and have them escorted OUT! This is quite unbeliveable!1 I will be more than interested in how this all turned out.

lindaa138 wrote:

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!

I don't know why you cannot just call the local police. If you have a signed contract. And why not Just either fly (I don't know where you live) or Drive and have them escorted OUT! This is quite unbeliveable!1 I will be more than interested in how this all turned out.

Hello,

I live in No. CA, the squatters have left, my next course of action was to send my Daughter over, with the contract, to the police depatment, she lives in Hollywood, a bit more convenient location for dealing with this. My point on all this is that Marriott offers zero support! I wonder how the police would handle this? I know that when you are renting out a home in CA, it can take months to get someone out for non payment of rent. I chalk this up to another lesson learned.

Also, be aware that any damage done to the unit is ultimately the responsibility of the owner of that week. That's one negative concerning renting, however the vast majority of renters are respectful of the signed contract and the owner of the week. I have read only one instance where a unit was trashed by a renter.

jayjay wrote:

Did you fax a copy of the contract to management at the resort with the specific dates of arrival and departure? If so, it's their (the resort's) responsibility to oust the squatters.

Who, exactly, did you talk to at the resort? Could it have been merely a front desk person that didn't know proper procedure in a situation like this? If so, ask to speak to the head manager of the resort. It's a simple matter of security ousting them with a copy of the signed contract in hand. If this is not handled to your satisfaction then I would go to the very top at Marriott's corporate office to voice your displeasure.

Please keep us informed.

Hello,

You are mistaken, as I so innocently was, even with a contract, Marriott will not support you. Call owner services and ask, I did speak with a supervisor, Amanda and then a very rude front desk woman named Robin at Newport Coast, their response was flipent and I was told that these people were now "guests." Yeah.....just a little annoying. If you have read my other posts then you know that the "squatters" have left.

jayjay wrote:

susanb533 wrote:

That This is my contract between the renter and myself, however if I would have traded with interval they would inforce that.

The sentence above shows just how uninformed the person you talked to is. If you had traded with II (Interval International) and then rented that trade to someone else, that's against II rules. You cannot rent out a trade made with either RCI or II.

Yes you are correct, I didn't write that correctly. What I meant to say is that my options were being discussed...get points or deposit my unit with interval, once the unit is deposited it's not my problem any longer, it will be rented through interval and if anyone "squatts" they will be ejected by the resort. For me personally, totally different story, no support of contract is offered by Marriott. I hope that sounds clearer.

jayjay wrote:

Also, be aware that any damage done to the unit is ultimately the responsibility of the owner of that week. That's one negative concerning renting, however the vast majority of renters are respectful of the signed contract and the owner of the week. I have read only one instance where a unit was trashed by a renter.

They do have the renters credit card, would they use that to cover any damages? Should I also collect a deposit?

susanb533 wrote:

They do have the renters credit card, would they use that to cover any damages? Should I also collect a deposit?

All resorts take a credit card at the front desk from anyone checking in. If your renter damages your unit and they contest any charges to their credit card made by the resort for the damages, then the damage expense is ultimately the responsibility of the owner. As I said before, I have heard of only one such case happening after reading timeshare forums for many years.

I would definitely collect a deposit which should be part of your rental contract. You can search forums (top right hand corner) for a 'sample rental contract' which covers all bases.

jayjay wrote:

susanb533 wrote:

They do have the renters credit card, would they use that to cover any damages? Should I also collect a deposit?

All resorts take a credit card at the front desk from anyone checking in. If your renter damages your unit and they contest any charges to their credit card made by the resort for the damages, then the damage expense is ultimately the responsibility of the owner. As I said before, I have heard of only one such case happening after reading timeshare forums for many years.

I would definitely collect a deposit which should be part of your rental contract. You can search forums (top right hand corner) for a 'sample rental contract' which covers all bases.

Thank you, what do you think is a reasonable amount to collect as deposit? I

was also told by Robin at Newport that my renters credit card would continue to stay on the reservation until the next person checks in and that this renter could still come back and stay at the resort as I still have it reserved until June 30th. I did call owner services and have his name removed from the reservation, the front desk says he can come back, I just think Marriott is so irresponsible in this instance, they will use no authority in stopping the abuse of a renter and override an owners wishes, by letting a person come back, what's that about? I don't think he will, but still, it's like they are going out of the way to make a bad situation even worse.

susanb533 wrote:

Thank you, what do you think is a reasonable amount to collect as deposit? I

was also told by Robin at Newport that my renters credit card would continue to stay on the reservation until the next person checks in and that this renter could still come back and stay at the resort as I still have it reserved until June 30th. I did call owner services and have his name removed from the reservation, the front desk says he can come back, I just think Marriott is so irresponsible in this instance, they will use no authority in stopping the abuse of a renter and override an owners wishes, by letting a person come back, what's that about? I don't think he will, but still, it's like they are going out of the way to make a bad situation even worse.

I would still talk to someone at Marriott's corporate office about this situation. You're an owner and owners should be respected above and beyond anyone else. This situation was handled below Marriott's standards and reputation IF everything was in order on the contract.

As far as a deposit, I am copying and pasting a 'sample rental agreement' that I have posted many times on Redweek. You can reword it to your liking.

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 __________________ __________________

jayjay wrote:

susanb533 wrote:

Thank you, what do you think is a reasonable amount to collect as deposit? I

was also told by Robin at Newport that my renters credit card would continue to stay on the reservation until the next person checks in and that this renter could still come back and stay at the resort as I still have it reserved until June 30th. I did call owner services and have his name removed from the reservation, the front desk says he can come back, I just think Marriott is so irresponsible in this instance, they will use no authority in stopping the abuse of a renter and override an owners wishes, by letting a person come back, what's that about? I don't think he will, but still, it's like they are going out of the way to make a bad situation even worse.

I would still talk to someone at Marriott's corporate office about this situation. You're an owner and owners should be respected above and beyond anyone else. This situation was handled below Marriott's standards and reputation IF everything was in order on the contract.

As far as a deposit, I am copying and pasting a 'sample rental agreement' that I have posted many times on Redweek. You can reword it to your liking.

Hello and thank you for the contract, it is similar to what I used, minus the deposit. I will definately add this for the next time.

I will call corporate and let them know how this was handled, I'm pretty sure that the resort supervisor, Amanda wasn't deceiving me when she said that they would not, even with a contract inforce the agreement. That's my issue with this whole situation. They literally cater to this visitor/non-owner, by not assisting with even a little nudge to get them to leave, I feel Marriott is passive on this because this renter is a potential purchaser at the resort or some other Marriott property.

susanb533 stated in relevant part: >> I'm pretty sure that the resort supervisor, Amanda wasn't deceiving me when she said that they would not, even with a contract inforce the agreement. That's my issue with this whole situation. They literally cater to this visitor/non-owner, by not assisting with even a little nudge to get them to leave, I feel Marriott is passive on this because this renter is a potential purchaser at the resort or some other Marriott property.<< ===============================================

I certainly won't defend Marriott's inaction in this matter, but I DO believe that their position is likely motivated by something entirely different than what you express above...

I offered previously (and I believe correctly) that the facility would never consider intervening in a private contractual matter in which they had absolutely NO part, involvement, or participation at any time --- until or unless the legitimate access of the next valid, subsequent occupant became impeded. Being a "very deep pockets" corporation, Marriott is (with good cause, in this litigious society) ever mindful of the prospect of a lawsuit on its hands, filed by an evicted "guest" crying foul, wrongful treatment, emotional duress, etc., etc. Right or wrong, even a frivolous suit is potentially bad press and also involves incurring legal expenses to defend against it. It is my belief that this concern likely far outweighs any concern about the consequences of turning away from involvement in what THEY view as being entirely YOUR problem (not theirs, not in any way). The lawsuit concern almost certainly also fars outweighs any view they might have of (or any particular interest in) the "squatter" as a potential future Marriott buyer.

Once again, I am NOT defending the Marriott inaction on your behalf, but I can certainly and fully understand it --- when viewed solely from their own legal perspective.