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CURRENT ISSUES
Topics of Interest to Consumers
Avoiding
Vacation Rental Horrors
Vacations are the times when most people want to relax,
explore new territories, search antique shops, enjoy great
food or just have fun; maybe just doing “nothing.”
Massachusetts offers something for everyone and your
time here should not be one of trouble, worry, extra expense,
grief or regret. Summer
rentals are different from regular rentals and require a
little effort to insure complete fulfillment.
This article highlights some of the problems and offers
tips to make your stay enjoyable.
MOST
COMMON PROBLEMS
-Full
disclosure
Vacation
rentals often are advertised to include amenities such as a
washing machine, television or swimming pool.
Problems may appear that you may not have known about
until after the contract is signed.
Frequently, tenants are not informed of these problems
before signing the contract, and this may have had an effect
on whether or not they would have agreed to rent the premises.
-Misrepresentation
Sometimes
a rental described as having an “ocean view” can end up
being a tiny window stuck in the basement that overlooks the
ocean. This is common with vacation rentals located far from your
primary residence. Many
people don’t want the hassle of traveling a long time to
examine a rental before signing an agreement, but instead rely
on the detailed description on the Internet or in a magazine.
-Exemption
Massachusetts
General Law exempts tenancy agreements made for 100 days or
less for the purposes of vacation or recreation from certain
provisions (M.G.L., c. 186 15B (9)).
If a contract adheres to this law, then it is
actually exempting them from common tenancy requirements.
For example, a landlord might put in the written
agreement that the rental is “for a vacation or recreational
purpose as is expressed in Massachusetts General Laws c. 186
15B (9).” This
may result in your security deposit being used for cleaning
and other exemptions from normal landlord/tenant regulations.
SUGGESTED TIPS IN
VACATION RENTAL CONTRACTS
-Keep
good records
Make
your own log of payments, receipts, complaints, and contacts
with the landlord and/or real estate agents/salespersons, and
other important events and documents relating to your rental.
These records may be helpful in resolving any disputes
that may occur.
-Ask
questions about the rental
Don’t
hesitate to ask about anything in the agreement that may be
confusing or questionable.
Ask about requirements during the stay of the tenancy,
payments, and terms of the contract, contact information, and
anything else that you feel is important.
For example: the number of people permitted, exclusion
of animals, or nonsmoking provisions.
-Never
send any more money than needed
Do
not put money down unless you are sure that you want the
vacation rental. Only
send money to the landlord according to the verbal or written
agreement with the landlord. You may want to agree on a payment schedule (preferably in
writing) to avoid disputes.
-Use
credit card instead of cash or check
It
may be harder to get money back if you pay by cash or check.
If you use your credit card, you may be protected under
a federal law, the Fair Credit Billing Act.
If you have charges for goods or services you believe
were not delivered as agreed on your credit or charge card
statement, you may dispute the charge and ask the credit card
company to investigate. For
more information, contact the federal Trade Commission (FTC)
at 1-877-382-4357 or at http://www.ftc.gov
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-Read
rental agreement carefully before signing a contract
Ask
about any wording that may be unclear.
Make sure that it is a contract that you and the
landlord or real estate/sales persons mutually agree upon.
Get any verbal agreements in writing.
Double-check the contract to avoid any foreseeable
problems.
-Be
wary of Internet transactions
The
Internet is an easy way to handle vacation rental
transactions, but it can also be risky if not handled
properly. Review
all the fine print. Use
a credit card, but beware: some credit card companies do not
have to investigate claims for transactions made 100 miles or
more from the consumer’s residence.
Be sure to review your credit card terms of agreement.
If you need help with credit card transactions, contact
CAC and/or the FTC.
-Make
sure the premises are sanitary and there are no health code
violations
The
State Sanitary Code protects the health, safety and well being
of tenants and the general public.
Make sure the rental is in proper physical condition.
Inspect the rental for bug infestations, weak
structural elements, or any other problems that may affect
your safety and habitability of the rental.
-Act
promptly
If
a problem arises, you should quickly and contact the landlord.
Explain the problem and ask for resolution.
-Screen
potential tenants
If
you are a landlord, you should always run a credit check and
check of the tenant’s prior rental history through companies
making this information available for a nominal fee.
You may wish to meet with the tenants in person prior
to giving final approval.
ASSERTING
YOUR RIGHTS
If
you feel that your rights have been violated, you may sue in
court for recovery of damages or other relief.
Before heading to court, you may want to file a request
for mediation through CAC or you local consumer group.
Mediation is an informal way to resolve disputes
between two parties.
For
more information, contact the following:
-Housing
discrimination:
Massachusetts
Commission Against Discrimination 617-727-3990 www.state.ma.us/mcad
-Licensing
issues of real estate agents/salespersons:
Division
of Professional Licensure
Information:
Real Estate Board 617-727-2373
Complaints:
Office of Investigations 617-727-7406 www.mass.gov/reg
-Face-to-face
mediation:
For
the program in your area call:
Attorney
General’s Consumer Hotline 617-727-8400 www.ago.state.ma.us
-Legal
assistance:
Massachusetts
Bar Association Lawyer Referral Program
617-654-0400;
Toll Free in MA: 800-392-6164
-Information
about finding a vacation rental:
Massachusetts
Office of travel & Tourism
617-973-8500 www.massvacation.com
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