Jul 2, 2011 11:41 AM
More renters than contracted for have shown up on the property
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We rented this 4 day weekend to 2 adults and 2 children with a max non overnight guest limit of 6, we think we're up to 14 now, any suggestions?
Hopefully your contract stipulates in no uncertain terms what your maximum sleep over capacity is. Either you will apply a surcharge for additional people (based on a per person/per night basis) or you will evict those who are not supposed to be there.
In my contracts I have the renters indicate the names of all persons who are to be on premises overnight. And to avoid misuse of this number (oh, we have 10 guests in the day and 4 guests at night) I also limit the number of visitors they can have day or night, afterall I rented out a family unit not a party house.
It is important to stand your ground on this one.
Good Luck
Helena
The same thing happened to me this weekend, 8 people were on the contract. I think there are 17 in the house now. The house sleeps 10 max!!! I went over to the house(stipulated in the contract that I can inspect at any time) I found air mattresses, so they have used the house as a party house not as a vacation home. I asked them to have the free loaders leave and they said they wanted a two day refund. I will not refund one dime to these freeloaders. So my dilemma, they won't leave, the police won't get involved, I am stuck, I will keep the security deposit. I have no recourse except the deposit. How do you inforce a contract?? Minime
Helena.looby,
Would you mind sharing the contract language used to list all overnight tenants? Also are these people consided a liable party to the contract?
Thanks
Hi,
Thank you so much for responding to me. The contract states, The rental party shall consist of Guest and following persons: I than have 10 lines for the guest to put the names of the other people staying at the house. I also have a statement that only a total of 10 guests are allowed overnight and a total of 12 guests are allowed during the day. Thank you.
I found a web site, Badvacationrenter.com. I signed up for a membership.I wouldn't wish these people on my worst enemy.Minime
We have had problems with renters that think day guest visitors do not count in the total occupany. This is the rental clause we have incorporated into our rental agreements to try and control this problem. Day Guest Visitors: Only paying guests are allowed to be on the premises. Guests that would like to invite family or friends as a day visitor will require pre-authorization. A maximum of two day guest visitors will be allowed at a rate of $10.00 per person. Day guest visitor payment and the names of the two authorized day guests must be shown on the rental agreement with a notation that they are a day guest visitor. Day Guest Visitor times are from 9AM to 9PM. Anyone found on the property who is not listed on the Guest List or an approved Day Guest will be subject to removal. This is to serve as your notification that unregistered Guests are considered to be Trespassing.
Thank you so very much, I do have a question for you about the "Trespassing", will the police get involved if you call them and tell them you have trespassers on your property?
I think it is really going to depend on where your vacation home is located. We have only had one situation where we had to call the police because the renter used our home for a huge family gathering and our neighbors actually called to report the problem. The sheriff did come out and supported us 100% by checking ID's against our approved guest list. They handled the situation perfectly and said that anyone not on the invitee list would be charged with trespassing and that they had 3 minutes to vacate the premises. The clause is more about full disclosure regarding our policies on occupany and doing everything we can to try and avoid potential problems.
Thank you so very much again.
It sounds like you did everything you had the right to do. I'm curious, however, what was your guests' response to the sheriff? Did they understand, complain, threaten that you were disturbing their right to privacy? It's one thing if they have more than the house is set up for; quite another if it's unruly to the point that your neighbors complain...
The renters did not cause a noise disturbance it was our neighbor that just happened to notice an excessive amount of cars and figured out that the renter was over our occupancy vacation permit limit. The renter was abusive to our neighbor which is why the neighbor called the police. The sheriff was really well trained in dealing with issues like this and was in full control of the situation. I would not hesitate contacting the local authories if you have a renter that has broken the terms of your contract.
Thak you so very much for getting back to me. Gwenn
I never called the sheriff for fear of retailiation. They left at 9:30 am . What a GOD awful mess I found. Screen doors both front and back pushed out and torn. A diaper full of baby poop turned upside down on my Ralph Lauren quilt, every dish and glass in the house dirty pots put away dirty(food literally in the bottom).This was all because I confronted them. Can you imagine if I called the police? i am so happy they are gone. I put them on the web site, badvacationrenter.com I wouldn't wish them on anyone. To boot he wasn't even off the island of Martha's Vineyard and he was texting me about his deposit. I am going to send him all the bills. He will owe me, I will not hold my breath in getting anything but the $250.00 security deposit that I already have. Thank you for your concern, Gwenn
minime - couldnt you take pics or film and make sure you have a current newspaper to show the actual date and then take them to small claims court provided your expenses are in excess of the deposit?
I am taking pictures, the date is on the camera. Thank you so much for your advice.
From what you are describing this falls under the classification of vandalism. If these people are still on island you may want to file a police report as it sounds like the security deposit is not going to cover the costs of repair. Be sure to take lots of photos.
I am taking lots of pictures, they have left the island. I will see what the damages add up to and take him to small claims court. I don't know if that will get me anywhere, but I'm willing to try. Thank you so much for all your support.
Totally agree - what has been described is outside the scope of breaking a contract provision and almost sounds criminal - destruction of private property, vandalism, disorderly conduct - Yikes!!
Just went to the Edgartown, MA police, I was told there is NOTHING they could do or would do. Interestingly enough they told me that the way the law works in MA is that the contract protects the RENTER because they have rented the house. They did tell me that I should go to the Court Clerk and file a claim in small claims court. My problem is I want to know, what to do in the future if this should EVER happen again? Anyone out there have ANY suggestions? Minime
I'm so glad to find this thread as we are dealing with the same thing. I especially appreciate the specific contract language as I wasn't sure how to phrase our policy. We're definitely learning as we go!
You are so very welcome, make sure you list EVERY person even the day visitors so that when you call the police they can get all persons not on the contract for TRESPASSING!!!!! Good Luck, Gwenn
I have filled out all the paper work for small claims court, as of right now the total is $3,234.25. I doubt very much if I will ever see a penny of it.I do know his credit will be ruined until he pays me. Although people like him probably don't care about their credit rating. I will post in the futher to let you know the outcome of small claims court. Minime
Minime,
I am so glad you took action. Hopefully just the filing will be enough to scare him into paying you. However if he doesn't respond and doesn't show up for court....you get an automatic judgement against him. At that time you can file a Writ of Execution and meet a constable/police to his place and take enough to cover you judgement. However there are guidelines which allow them to keep certain things. Then you also have the option to register the judgement which could ruin him from buying or selling anything. Other people/banks may not loan to him or do business with him at all. Also once you register this judgement if he ever goes to sell his house, trade in his vehicle or any asset.....you should have to be paid first, other than a 1st lien holder but you would be in line.
Please keep us posted.....would love to hear the outcome!!!!!!
Thank you so much. Minime
Hi,
I promised I would let you know the outcome. I went to small claims court today and WON by default, the idiot never showed up! He has no idea what deep hot water he is in. Any time he goes to buy or rent anything from a car, house or telephone service and they check his credit he will be denied the purchase until he pays me first. I will never see a penny I'm sure, but he has a very large headache for as long as it takes to pay me. Minime
Good for you and Congrats minime. This has happened to me and I guess just about everyone else. Everyone sharing helps everyone. (I will not tell you how we handle this type of thing in the Dominican Republic and you don't want to know. lol.)
Thanks.
GOOD for you!!!!
Minime,
I am so happy you won your case. Did you find out if you have to file/register the judgement so it would be on his credit file? I am so glad this thread is here for people to read not only as landlords but also as tenants. Hopefullly it will make people think twice about how they leave a place.
Again CONGRATS!!!!!!
Wow...brilliant! When credit is denied, and he/they check into it...he will probably find out why ...and to whom he owes money. I think it's great that you went the "nine yards" to court and WON. If the people live reasonable near, or even in the same State, maybe you should put up some security...e.g. video camera {I always fear revenge}.
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