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      • 90. Re: Over occupancy issues AGAIN...........
        margaret CommunityAmbassador

        I do not have a fee for over occupancy. Like you, I think it is an invitation to just pay if they are caught. My RA has a clause that must be initialed and my arrival instructions state in bold red

         

        :6 people ages zero and up in a three bedroom unit, maximum occupancy is strictly enforced in accordance with fire code. All guest must be listed below on the Rental Agreement. Anyone staying in the unit not listed on the Rental Agreement will result in entire party being removed from the property and forfeiture of deposit and all rental payments. ___________ Guest initials   (Initial to indicate you have read & accept the terms on this page).

        • 91. Re: Over occupancy issues AGAIN...........
          sanlord Active Contributor

          I have something very similar but I like yours better.  Would it be OK to "plagiarizer" yours?

          • 92. Re: Over occupancy issues AGAIN...........
            margaret CommunityAmbassador

            sanlord Sure, help yourself.

            • 93. Re: Over occupancy issues AGAIN...........
              sanlord Active Contributor

              Guest checked out early this morning.  The cleaners said it was dirtier than usual but they didn't find any damage - yea!  Hopefully the incoming guests won't discover any hidden problems.  Now just hoping for no review!

              • 94. Re: Over occupancy issues AGAIN...........
                sanlord Active Contributor

                Thanks Margaret

                • 95. Re: Over occupancy issues AGAIN...........
                  twobitrentals CommunityAmbassador

                  I Currently DO NOT have a fee for over-occupancy but how do you address it if there is no evidence to HA that you expect to be able to hold funds because of the guests choosing to break the rules? I am unclear how HA determines an amount to deduct from the deposit if it is not specifically stated. Will they allow us to hold the entire deposit?? That is where I am unclear on HA stance on this.

                  • 96. Re: Over occupancy issues AGAIN...........
                    margaret CommunityAmbassador

                    Maybe you could add to your RA and house rules: Breaking any rules will result in a loss of the DD.

                    • 97. Re: Over occupancy issues AGAIN...........
                      db.meyer Senior Contributor

                      twobitrentals - I prefer to take the stance that "I" am in control of the deposit held on HA.  It is unfortunate that they have named it "Damage" rather than the typical owner-used "Security" Deposit.  I have wording in my HA listing and rental agreement (in so many words) that the deposit held by HA may be used/withheld in the event of house rules violations as specified in the guest agreement they have signed/agreed to follow, etc.  It is time to take back control of YOUR rental, house rules violations, etc.

                      • 98. Re: Over occupancy issues AGAIN...........
                        db.meyer Senior Contributor

                        sanlord - so happy to hear they are gone and no damage done!  Can you please share what you have learned through this difficult process that will help you and others to either avoid entirely or to best deal with these situations as they happen?  I do understand that due to your unfortunate medical issues you were not able to do your usual upfront vetting, etc.  Thanks in advance and best wishes for a happier future rental season!

                        • 99. Re: Over occupancy issues AGAIN...........
                          twobitrentals CommunityAmbassador

                          I have a contract compliance deposit so that there is no confusion about whether it is for damage or compliance with my entire contract.

                          • 100. Re: Over occupancy issues AGAIN...........
                            twobitrentals CommunityAmbassador

                            Yes, "I" could do that but I am wondering if say guests over-occupy by only one guest, would they allow an entire deposit to be withheld or would they state that since a specific amount per over occupying guest is not specified that hold the entire deposit is too much. Moderator stated that they go by the contract, but I would love to see if any owner has held the entire deposit for over occupancy without damage and HA support that decision????

                            • 101. Re: Over occupancy issues AGAIN...........
                              ha-moderator-amanda HomeAway Employee

                              Hi twobitrentals, if your rules and rental agreement state that a specific amount will be withheld from the deposit for violating house rules, then HomeAway will support your decision solely because this is stated in your rules and rental agreement. You could create a custom rule and clause in your rental agreement that states if the primary renter brings more guests than originally noted on the reservation, you will withhold 'x' amount per additional guest per night, or you could withhold a flat sum. Just make sure it's stated clearly in the rules and rental agreement so that your guest is obligated to agree during the booking process, and we will support you.

                              • 102. Re: Over occupancy issues AGAIN...........
                                thaxterlane Premier Contributor

                                What are your state's laws governing security deposits?  In some states an invoice must be presented to the guest in order to hold funds.  I don't know how one calculates the cost of one additional guest.  I expect an owner must publish a reasonable fee schedule as part of the rental agreement or house rules.  I don't believe an entire deposit, for example of $500, could be withheld because of one additional guest for a three night's stay.   But, what do I know about the law in your locale?  Perhaps a consult with an attorney is in order . . .

                                • 103. Re: Over occupancy issues AGAIN...........
                                  sanlord Active Contributor

                                  Can you please share what you have learned through this difficult process that will help you and others to either avoid entirely or to best deal with these situations as they happen?  I do understand that due to your unfortunate medical issues you were not able to do your usual upfront vetting, etc.  Thanks in advance and best wishes for a happier future rental season!


                                  I think the most important thing I have learned is to not be the only one who knows how to handle reservations.  My son and husband didn't know what to look for and what questions to ask.  They didn't' know how to complete and send RAs so everyone who had made reservations had to wait until I got out of the hospital (3 weeks).  I'm not sure anything would have prevented these guests from taking advantage of us.  She misrepresented the number of guests on the reservation and RA.  On the signature line she wrote her name and her husband's (James).  On the 6 lines for guests'names she did NOT write her name but did write Jim (I assumed it was her husband - it was not), on another line she put what appeared to be a double name such as Brooklyn Kieran but was actually 2 people.  The reservation was for 5, 8 were listed while between 10 and sometimes 12 were actually in the condo overnight, we only allow and sleep 6.  She knew exactly what she was doing, that's why I'm not sure it could have been prevented considering my situation at the time.If this had happened before January of this year or now, I would have caught the inconsistency, called her and had her cancel the stay.  Every email sent to her stated party of 5 included the arrival instructions and the RA, which she initialed along with the maximum occupancy (6). Sorry for the long explanation but I'm sure there are people who are reading this and don't know how all of this happened.


                                  I have learned that I should not be the only one who knows the login and passwords to our bank accounts! 


                                  I have learned that some guests will let people into our condo to use our building's amenities in ridiculously large numbers on a daily basis.  I have changed our RAs to address day visitors (how many are allowed, how often they can visit and how long the visit can last.  It's now a part of our RA, VRBO listing and repeated as a reminder in all correspondence.  One of my house rules now addresses day visitors.


                                  I have learned that there are guests who will tell you that children don't count as far as maximum capacity is concerned and will even claim they don't know how many people are staying in your property (while they are in residence)!  The number of guests has always been a part of our RA (initialed by renter), VRBO listing and all correspondence to travelers, both before and after confirmed reservations.


                                  I have learned that just because a person "sounds" nice, is friendly and even voices concern over your health doesn't mean they won't deceive you!  

                                   

                                  This situation was a classic example of people who really don't think the rules apply to them.  I guess we're just lucky they didn't do any damage and didn't bring pets.

                                   

                                  My advice is ALWAYS talk to prospective guests, if VRBO allows you, ask questions, fully explain rules, closely inspect RAs and call if something looks suspicious.  If you can't talk with them until after accepting the reservation, call as soon as possible.  Having said that, some will still squeak by. 



                                   





                                  • 104. Re: Over occupancy issues AGAIN...........
                                    hmmmm Senior Contributor

                                    Ditto and Amen to all of it

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