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3172 Views 12 Replies Latest reply: Jun 6, 2012 9:54 PM by wiffle RSS
New Member 10 posts since
Jun 6, 2012
Currently Being Moderated

Jun 6, 2012 10:15 AM

Tenant is lying

The people who rented our property arrived last night and brought twice as many people as they requested.  Then they called me to tell me there was not enough room.  This morning they called and said they left last night but I had someone do a drive by and they are still there.  I accepted payment through PayPal and not through VRBO and did not sign any sort of contract.  Is it possible for them to get any type of refund and what if they don't leave????

  • wiffle Contributor 217 posts since
    Feb 23, 2011
    Currently Being Moderated
    Jun 6, 2012 11:53 AM (in response to debbie.heckroteglanski)
    Re: Tenant is lying

    Definitely take photos of them still being there, date stamped photos. If with a cell phone, email the photos.

     

    I don't know what your rights are without a rental agreement.

     

    How long was their stay supposed to be?

  • lrbaldwin Active Contributor 755 posts since
    Feb 16, 2011
    Currently Being Moderated
    Jun 6, 2012 12:35 PM (in response to debbie.heckroteglanski)
    Re: Tenant is lying

    If you accepted their money and have no lease agreement stating the number of people allowed, I don't see what you can do.  Now if they're damaging your property, you might consider calling the police.  If they leave of their own free will, they'll have to sue you to get their money back, won't they?  How far away do they live?  A law suit for only a week's rent probably wouldn't be worthwhile for them to pursue, especially if they live in another state. Do you have any email communication from them regarding occupancy limits?  How many people they would be bringing?  Did they inquire via VRBO?  If so, the accomodations should have been obvious from your description and the pictures.  Of course if you represented the home as larger than it really is, you do have a problem.  Can you give us the listing number for your VR?

     

    Bottom line, no matter what, you've learned a valuable lesson.....NEVER let anybody in your vacation rental without a good lease agreement.

     

    I hope this turns out OK for you. 

     

    Linda

      • lrbaldwin Active Contributor 755 posts since
        Feb 16, 2011
        Currently Being Moderated
        Re: Tenant is lying

        What a great place!  And I see you already have 2 very nice reviews.  Good for you!

         

        Now, as for occupancy.  I see your listing says it sleeps 4-10.  How many people are in there now?  I'm a little confused about the sleeping arrangements.  You have pictures of master bedroom and master suite?  Are they the same room?  The beds look different in each of the 2 pictures. Are there 2 beds in that one master?  You show the 2nd bedroom to have a set of bunk beds.

         

        IMO, your first problem is that you say you can sleep 10.  However, it looks like that would really be crowded for such a small home.  It's not good to overcrowd a house, way too ******* it and also probably uncomfortable during waking hours if everybody's in there.  We have a 2 story 4 bedroom home that will sleep 9 in beds, but we never allow more than 8 including children/babies.  A good rule of thumb is to allow no more than the number of people that can sleep in actual beds.  From what I can tell, that would be either 4 or 6.

         

        Another problem with advertising that you can sleep 10 is that, with such a small place, you're likely to attract people who are looking for an ultra cheap vacation and don't really care about the accomodations.  This usually means that they will not take care of your house.

         

        Linda

        Chatterbox Too in Duck, NC

    • wiffle Contributor 217 posts since
      Feb 23, 2011
      Currently Being Moderated
      Jun 6, 2012 8:34 PM (in response to lrbaldwin)
      Re: Tenant is lying

      Just wanted to address that if they leave of their own free will, they will NOT have to sue to get their money back. All they have to do is dispute the charge through the credit card company or PayPal in this case. The buyer/renter is almost always favored in these instances. All they have to say is that they were mislead, or that something was not as promised, and they will get all their money back. It would then be on the property OWNER to sue.

       

      I am not a fan of taking credit cards or PayPal. I have done PayPal a few times but I really have to have a good feel for the person. I will also now take a credit card if it is from a repeat visitor or a referal from a repeat visitor.

        • wiffle Contributor 217 posts since
          Feb 23, 2011
          Currently Being Moderated
          Re: Tenant is lying

          Debbie, I am not saying that you misrepresented anything. I am saying that the credit card companies, and PayPal, are notorious for taking the side of the renter/buyer. It doesn't matter what the renters did, the credit card companies/PayPal reverse the payment if the renter disputes anything.

           

          We owners are at their mercy when we take cards.

           

          So, what was the outcome? Did they leave? And, if so, did they leave your place in good condition? Did your husband confront them?

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