I just downloaded a basic agreement from VRBO and modified it to my needs. I would be happy to send you a copy of mine if there is a way for me to get your contact info. Rick Anderson #233591

I have had several requests for a copy of my agreement.  I sent out earlier copies and have since updated with a newer more comprehensive agreement that I am willing to share.  For some reason, some of you get my email with the file removed (probably your service provider strips it out) and some have not been able to open the file becasue they don't have the latest version of MS Word.

To make this easier for everyone, I have placed the latest version in a public dropbox where you can download the file.  I put it in the older version of MS Word to make it more compatible.

This agreement is very specific to my property, policies and needs but should be fairly easy to modify to fit anyone's requirements.  Some parts are legal boiler plate required to make contracts enforceable or to deny a breacher of legal means to escape the consequences of a breach.  Paragraphs 27 through 33 are these types of boiler plate.  They will need to be modified in some cases to reflect your state and state's court system.

Some paragraphs may not apply to your situation.  For example, if you don't have security cameras you don't need the paragraph about them.  You may be on a lake rather than the ocean and need to change that aspect.  Your ameneties may be very different and your policies may be different.

A few comments on the legal boiler plate paragraphs:

1. Paragraph 27 is to address the event of a holdover guest.  I have never had to deal with one and hope I never do but you still need to protect yourself.

2. Paragraph 28 is to establish that you have not enetered into a landlord tenant agreement (this only works for short term rentals).  The laws in most states give tenants rights that are different than those accorded an inkeeper/proprieter.  You have substantially more rights when it comes to a breach or eviction.

3. Paragraph 29 spells out your remedies, i.e. actions you can take to protect yourself.

4. Paragraph 30 establishes the right to attorney fees.  You might also consider replacing this with a binding arbitration clause.

5. Paragraph 31 indmifies you from specific liability issues related to injury or loss of personal property.  You can't indemnify yoourself from your duty of care or negligence on your part. (That is why you get liability insurance)

6. Paragraph 32 prevents the renter from making claims that are not in the contract. It is called an integration clause and it also prevents the entire contract from being stricken if any paragraph is found to be void or unenforceable.

7. Paragraph 33 establishes where suits can be files, what law applies and what courts can be used.

LINK TO FILE http://dl.dropbox.com/u/11410751/VACATION%20RENTAL%20CONTRACT%208.doc

DISCLAIMER

Nothing in this post should be construed as legal advise or the practice of law.  The intent is to provide information for use by other members of the forum.  For legal questions or advise please consult your attorney.

I keep receiving a lot of requests for my rental template.  The link to download it is here: http://dl.dropbox.com/u/11410751/VACATION%20RENTAL%20CONTRACT%20TEMPLATE.doc

You will need to make it match your terms and conditions which will probably be different than mine.  I hope this helps you.

A few words about rental contracts in general and mine in particular.  NO RENTAL CONTRACT can FULLY PROTECT YOU.  Contracts are only as good as the people you contract with.  Sure you can sue but it will cost you money and time and in all but the most egregious cases you can win and still lose.  Where they can really help is if you have a credit card dispute as the credit card company will expect a contract and if you need to evict someone, the police will probably want to see that you have an innkeeper relation with the tenanat and not a regular lease contract.  It is critical that the terms for eviction are clearly spelled out.

Finally, in every case you have to weigh the cost vs benefit.  For example, you have a no pets clause and someone shows up with pets.  You can remind them of the policy, you can make suggestions about boarding their pets, you can charge them an extra cleaning fee, etc.  However, the risk is a bad review that costs you thousands in business.  I have fortunately only had a few violations and I just flag them in my records to not rent to them again.  I weigh a few hundred dollar loss against the thousands a bad review would cost me.  Unless and until VRBO/Homeaway changes their review policy it isn't worth the cost just to be right and feel good for a few minutes.

Anyway, those are my thoughts and I hope you find my contract useful.  By the way, I am probably unusual in that I charge the full amount at booking rather than a deposit.  It sounds like one would lose business doing that but I stay pretty booked and usually sell out during the peak season.  I do it for a few reasons:

1.  It eliminates those guests that are really not sure and think they might change their mind, hence they don't want to risk any nore than they have to and will seek a minimum deposit.

2.  It subtly leads to a better quality clientel becasue I am far from the cheapest rental.  I aim for a higher end client and offer a higher end experience with more ameneties than most of my competitors.

3.  People are more likely to follow the rules when they have more at stake.  I get numerous compliments and surprise remarks from guests when they check in on how nice a home it is.

4.  I don't have to waste my time keeping track of when payments are due.  There are still over a dozen things I have to do before a guest checks in so any I can eliminate makes my job easier.

Enjoy and good luck!

Would it be possible to get a copy as well of your contract.  It would help greatly.  Thanks.  Nancy

THANK YOU!!!! We are new to this world, and I have been running in circles for three days, trying to put together a rental agreement.  I downloaded your sample agreement, quickly read thru and changed what applied to our home, and I feel so good about it!  It covered exactly what we needed covered (I think) and I feel our renters will enter their stays with us knowing what is expected of them.  THANK YOU SO MUCH!

Spoonbill, or anybody that can help me, I am a new owner, I would appreciate a copy of rental agreement if you don't mind. My email is: maxters0629@aol.com. thanks