Got trashed during spring break- to sue or not?

[Matt J]

I haven't read the entire thread as it apparently just got bumped back up.

Eviction: Vacation rentals do not fall under standard realty law as far as evicitions go. You can evict for any reason at any time without prior notice. F.S. 509.141 This provision provides for immediate removal and once notified the next step if refused is to contact the Walton County Sheriff's department. If damage has been done they can also be helpful in prosecuting a guest. If they have trashed your unit have them arrested for vandalism. The only drawback to this statute is that they do get a refund of any unused days paid in advance. The work around to this is to put in the contract that no refunds will be issued for any reason including early termination of rental agreement. I will add that this wording should be reviewed and approved by an attorney!

Occupancy: Under hotel laws (all vacation rentals fall under these laws not long term rental/lease real estate laws), the unit may only contain the number of occupants that it will sleep at ANY given time. It can also be used as grounds for eviction as stated above.

If evicted a guest it is best to do so in person and with a witness. If the guest becomes angry, threatening, and/or violent leave immediately and call the police. You do not have the authority to remove a guest physically, however once delivery of eviction is given and the guest refuses to leave they are trespassing and law enforcement can take it from there.

Unfortunately it is not a pleasant option or task, but sometimes it is neccessary. If you need to do it please read the Florida Statute above and use the exact wording when posting an eviction notice. Any small error could end in court. Also use the posted method if possible and again have a witness when posting. Also sign, date, and time the notice once posted, similar to service. If a guest disputes the eviction when law enforcement arrives simple restate the request and they will have no choice at that point.

 

[yippie]

I haven't read the entire thread either, but I am glad you posted this. I have had a number of experiences in my neighborhood involving rental houses, (not mine). But there are a couple of management companies who require that there be one adult over the age of 25 per every 3 under the age of 25 in the house. I have had to call the police a number of times during spring break. I don't make it a secret that I am the one who called. I give the renters a choice. Either act like civilized people, or my next call will be to the management company, owner, whoever. I generally call the owner anyway to make them aware of how many people are in the house.

When dealing with the better management companies, they have sent security over and made kids leave if they cannot produce the adults and their rent is not refunded. (Don't know how this is pulled off, but it is)

I remember one year I was sitting in the parking lot at the Publix Watercolor and saw a van and a car drive up. The "mother" jumped out of the car and into the van. Shortly they all returned and the mother jumped back in the car and left to go back to Tennessee. I was flabbergasted!

What a bad example parents are teaching their children. To lie and deceive. Great way to go through life..... Hummpphhh. Some things never cease to amaze me.

I haven't read the entire thread as it apparently just got bumped back up.

Eviction: Vacation rentals do not fall under standard realty law as far as evicitions go. You can evict for any reason at any time without prior notice. F.S. 509.141 This provision provides for immediate removal and once notified the next step if refused is to contact the Walton County Sheriff's department. If damage has been done they can also be helpful in prosecuting a guest. If they have trashed your unit have them arrested for vandalism. The only drawback to this statute is that they do get a refund of any unused days paid in advance. The work around to this is to put in the contract that no refunds will be issued for any reason including early termination of rental agreement. I will add that this wording should be reviewed and approved by an attorney!

Occupancy: Under hotel laws (all vacation rentals fall under these laws not long term rental/lease real estate laws), the unit may only contain the number of occupants that it will sleep at ANY given time. It can also be used as grounds for eviction as stated above.

If evicted a guest it is best to do so in person and with a witness. If the guest becomes angry, threatening, and/or violent leave immediately and call the police. You do not have the authority to remove a guest physically, however once delivery of eviction is given and the guest refuses to leave they are trespassing and law enforcement can take it from there.

Unfortunately it is not a pleasant option or task, but sometimes it is neccessary. If you need to do it please read the Florida Statute above and use the exact wording when posting an eviction notice. Any small error could end in court. Also use the posted method if possible and again have a witness when posting. Also sign, date, and time the notice once posted, similar to service. If a guest disputes the eviction when law enforcement arrives simple restate the request and they will have no choice at that point.

 

[Matt J]

I haven't read the entire thread either, but I am glad you posted this. I have had a number of experiences in my neighborhood involving rental houses, (not mine). But there are a couple of management companies who require that there be one adult over the age of 25 per every 3 under the age of 25 in the house. I have had to call the police a number of times during spring break. I don't make it a secret that I am the one who called. I give the renters a choice. Either act like civilized people, or my next call will be to the management company, owner, whoever. I generally call the owner anyway to make them aware of how many people are in the house.

When dealing with the better management companies, they have sent security over and made kids leave if they cannot produce the adults and their rent is not refunded. (Don't know how this is pulled off, but it is)

I remember one year I was sitting in the parking lot at the Publix Watercolor and saw a van and a car drive up. The "mother" jumped out of the car and into the van. Shortly they all returned and the mother jumped back in the car and left to go back to Tennessee. I was flabbergasted!

What a bad example parents are teaching their children. To lie and deceive. Great way to go through life..... Hummpphhh. Some things never cease to amaze me.

I can't think of an owner who would not want to have an extra eye on their home. It's good that you do call the owner, they need to know this type of thing has happened.

As to not refunding the money, it's fairly simple. The house was rented under false pretenses (sp?) and taken off the market. What are the odds that a house is going to be rented during spring break from Monday-Saturday due to an eviction? Slim to none quite frankly. They are also required to leave as the person who is the responsible party isn't there. This means that they have abandoned the property and have waived any claim on money due to negligence.

Hope that helps.