Vacation Rentals: deposit and cancellation

Vacation Rentals: deposit and cancellation

seasonal rental related disputes are often related to reservation cancellation problems, deposit or unfair term. The legal rules to know.

Seasonal location contract

On signing the rental contract, the landlord or agent (realtor) must give the tenant a precise description of housing, including the inventory of furniture.

The description must be more detailed for furnished accommodation, subject to stricter regulation.

The lease can be limited to a simple exchange of letters, but in any case, better to communicate the description of the leased premises in the event of subsequent litigation.

Naturally the lease must specify all financial elements: the rental price, the amount of the deposit, the deposit, cleaning fee, of the inventory, etc.

The advice of Eric Roig, founding director of droit-finances.net

Tenant Information

The tenant as the owner has an interest in using a description as detailed as possible to avoid disappointment or disputes (floor, the presence of elevators, distance to shops, garden area, used by third parties, parking, etc.). This document can be supplemented by photographs.

All information provided to the tenant must naturally be accurate. Otherwise the landlord or real estate agent would be liable to be convicted "deceptive marketing practices".

unfair terms

A number of clauses were deemed improper for a vacation rental. See Unfair terms in seasonal hiring.

Deposit and cancellation

Unless specified otherwise agreed between the lessor and the lessee, any amounts paid in advance are considered as a deposit.

The payment of a deposit by the tenant does not make the final location. Neither party is engaged permanently.

  • The tenant waives rent loses the deposit paid.
  • The owner cancels the rental tenant must return double the deposit paid.

Deposit and cancellation

But the rental agreement may also stipulate that the sum paid in advance is considered a deposit. In this case, the lease is final and neither the tenant nor the landlord can retract.

  • If the tenant cancels the lease, the landlord may apply to court for the payment of the full rent.
  • If the owner cancels the lease, the tenant may take legal action for damages or compensation for moral damage and financial loss.

See deposit or down payment: differences.

Deposit

At the entrance to the premises, the owner may request payment of a security deposit (also called a deposit), the amount is freely negotiated between the parties and which can perfectly be cashed by the landlord.
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