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

        I Am so sorry to hear that! This is exactly what should NEVER happen! Hotel/Motels would immediately have security address the issues and so for others to say that they have the hotel/motel mentality....I don’t believe they do....it has become much worse and therefore cities are shutting it down....PLEASE HEAR THESE STORIES HOMEAWAY!!

        • 31. Re: Over occupancy issues AGAIN...........
          bonesxxx Active Contributor

          Oh boy.  Sounds like the perfect horrible rental experience.

           

          Question for the group is this: what recourse does sanlord have in mid-stay with verified guest overages?  In theory (according to my RA), the rental is null and void if the guest violates the terms of the agreement and no refunds will be given.  But, in practicality, how do you deal with this?  I think it's easier to deny the guest access if they show up with 12 people but if they accrue 12 during the stay, what do you do?  Call the sheriff?

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

            That's a good question and a real problem, as there are very limited, if any means to ejecting guests from a rental.  An owner can ask a guest(s) to leave, but then may be concerned about potential retaliatory measure from the guests - charge backs, damage to property, ruinous online reviews - and police interventions are risky, too, and may not even be available to owners in some locales.  Plus, involving the local authorities establishes a record of a problem, which is not in a short term rental owner's interest given the measures underway in many communities to restrict/ban short term rentals.

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

              There lies the problem.....what do you do? Some areas the local police have assisted owners. However, if most cases they won’t, you would have to go through the courts to get them evicted and by the time your case would be heard they would be long out of the property. Making this issue of over occupancy extremely important to deal with in advance of the booking.

               

              No neighbor wants to live near the party house, especially if they have to get up for work the next day. (Thus the many cities banning). Not to mention possible blocked streets from numerous vehicles, etc.

               

              You probably need to call your local sheriffs office and see if they will assist you without a court order if you have an issue.

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

                Great Point about involving the police.....I hadn’t thought of that! Another reason this should be dealt with prior to booking.

                • 35. Re: Over occupancy issues AGAIN...........
                  bonesxxx Active Contributor

                  I seem to recall reading on another discussion board (may have been ABB) that ST rentals were handled differently than annual leases and that a copy of the agreement was all you needed to get sheriff assistance.

                   

                  Not sure if that's true in all localities... luckily I am only 45 minutes from my rental and can go myself if I need to... then involve law enforcement if I cause a disturbance (yes, it would be me who causes it )

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

                    I Haven’t seen what you are talking about here, but it is very possible that they have made an exception for shorter than 30 day rentals. I seem to remember that someone stated that “if” the guest had another primary residence that they could be ejected from a VR, that they could just not be homeless without a court hearing, there were other things if I remember correctly too, like do they receive mail at the location, do they have keys to the location. My memory is not that good on this, so it is important to “know” the laws for your area for sure.

                    • 37. Re: Over occupancy issues AGAIN...........
                      green_mango Active Contributor

                      sanlord if they're over occupancy why aren't they leaving now? 

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

                        bonesxxx  This is 100% not true in all locations. There was a case over the winter where the owner was local, the police told her it was a civil matter, they couldn't help and told her if she changed the lock code or turned off utilities, etc she would be arrested. She had no choice but to go through the courts, ABB was either unable or unwilling to to anything more than refund the guest while they remained in the property. It took many months to resolve, fortunately the owner prevailed in court.

                        • 39. Re: Over occupancy issues AGAIN...........
                          bonesxxx Active Contributor

                          Well since I prefaced my statement with "not sure if that's true in all localities" I assumed there would be exceptions.

                           

                          Maybe I am reading your story wrong but it sounds like the guests were there for a long period if changing locks and turning off utilities were discussed as options to get the guests to leave.

                           

                          In any case, you are right that it pays to know the law in your place of business and not rely on the advice given in community forums!

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

                            Great questions.

                            Also depending on the city you live in and the laws, the police may or may not come and help

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

                              If I recall correctly the over occupancy began at the onset of the stay. When the guest refused to comply with the RA many owners suggested changing the code when they went out, shutting of utilities  and many other ways to force them out. Originally, the owner was not trying to remove all guests but to have the guest abide by the RA. The owner was wise to find out what was legal before taking any action. It was certainly an ordeal.

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

                                As tgaxtelane stated we are worried about retaliation from the renters - charge backs, deliberate damage and of course the dreaded 1 star review!  At this point we may have to do something, according to our neighbors there have been at least 19, yes 19, in our condo.  The additional people are showing up between 8 and 9 every morning and staying until late each day.  They come with beach towels, chairs and lots of food.  Our HOA has very strict rules regarding the number of guests and especially the number of cars parked on the property.  Our parking is very limited, especially in the summer, and only 1 space is guaranteed with never more than 2 cars allowed per unit.  This is clearly stated in our listing, contract and arrival instructions.  I make sure that everyone understands the parking situation before accepting reservations.  All cars must display a parking permit with the date of their stay and the unit number. They receive a copy of all condos rules and must initial that all rules will be followed (HOA mandated for all rental units).  And just guess who is the chair of the rules and fine committee and wrote most of the rules.  Yep, you got it - ME!  I even designed the parking permit and registration form that clearly states the maximum capacity for all the units, car registration information, no pets allowed and spaces for the names of all guest,etc. (I have to brag - it is a thing of beauty) These guests have put me in a very precarious position.  I have to admit I am starting to miss that coma I was in when this reservation came in.    I might be feeling a little stressed!

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

                                  What a mess! Do you have security at your condo development? If you do, you may want ask them to go to you condo and tell the guest the max occupancy must be adhered to or they will be asked to leave. 19 people is ridiculous, I would call and tell the guest you are aware of the situation, that they must abide by the RA or leave immediately.

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

                                    You are in a very tough spot; I'm sorry  that useful remedies don't come to mind.  I agree with Margaret re on site manager or security personnel approaching this group and reinforcing that they are breaking the rules. 

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