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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
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Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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Vacation rental agreement

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I've entered into the following agreement: The parties that are staying at my property are from Asia and they just had a baby 2 weeks ago. The agreement was signed by a friend and delivered the cash. They are now wanting to stay through the Oct. 20th. I sent a text message to the friend that signed the agreement saying the following " Nancy, I think you texted me in August and said "Hi Matt. Hope your well. Wanted to check on a couple things: has the baby arrived and is the toilet working fine? I'd also like to see if the family would allow me to show the on Thursday for an hour. Also, I'm making certain that they'll be able to stay till the 20th. Thanks" .


My intention was to say i'd try to find a new tenant who'd wait till the 20th. I did not. And I never amended in writing our lease to say so. Am I legally bound through the text msg.?  Please help, they are playing hardball and said they've consulted with an attorney. I have a full time residential lease and they are expecting to move in into my property October 13th.


 


 


Vacation Rental Agreement This Vacation Rental Agreement is being entered into by _______________ (“Guest”) and XXXXX XXXXX (“Homeowner”) this _______ day of _______ 2013. 1. Property. The property located atXXXXX Milpitas, CA 95035, is fully furnished, and includes a refrigerator, oven, stove, microwave, dishwasher, washer & dryer, beds, linens and towels. Property includes 6Mbps AT&T Wireless Internet Service and equipment. 2. Use: Use of the property shall not include the Master Bedroom walk-in closet. All other areas of the property are included in this agreement. 2. Term of Lease. This lease begins on August 11, 2013 (“Check-in Date”) and ends on October 11, 2013 (“Check-out Date”). 3. Payments 3a. Guest shall pay to Homeowner a security deposit in the amount of $250.00 due upon execution of this Agreement. Homeowner will not deposit check unless there are damages to the property. 3b. Guest shall pay to Homeowner $2850.00 per month. Prorated days for partial month tenancy shall be at a rate of $95/day. 3c. Guest shall pay to Homeowner $150/month utilities. Utilities include water, PGE, Garbage collection service. Prorated days for partial month tenancy shall be at a rate of $5/day. Should expenses exceed the $150/month homeowner will notify guest. Payment shall be in cash, or money order made payable to XXXXX XXXXX. Payment Schedule: Due August 8, 2013: $6,000. Includes rent and utilities for 2 months (August, 11 through Oct. 11, 2013) Tenancy beyond agreement termination or after Oct 11, 2013 shall be at the rate of $100/day. 4. Refund of Security Deposit. Original security deposit check will be returned, on the same of Guest’s Check-out Date. If any amounts are subtracted from Guest’s deposit refund, a complete invoice will be provided to Guest along with any partial deposit refund. The security deposit shall not be used to pay rent due and shall only be used to perform the financial obligations of the Guest. 6. Duties of the Parties. 6.1 Condition of Property. Guest shall leave the property swept and vacuumed, with washed appliances and bath fixtures. 6.2 Repair of Property. Homeowner may enter the premises at all reasonable times in order to inspect the property with notice, or make repairs. Homeowner may arrange to show the property to subsequent guests within 30 days before the end of the Agreement with 24 hour notice. 6.3 Smoking. Guest understands that the rental unit is a non-smoking unit, and agrees to smoke only in the outdoor designated smoking areas. 7. Obligations of the Parties. 7.1 Lost , Damaged, & Stolen Items. Homeowner is not responsible for lost or stolen items. Guest is encouraged to have own insurance against such claims. 7.2 Damages. The $250 security deposit may be applied to and damages to the property beyond normal wear and tear. 8. Governing Law. This agreement shall be governed by the laws of the state of California. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in California, as applicable, for any matter arising out of or relating to this Agreement. 9. Indemnification. Guest agrees to indemnify and hold Homeowner harmless from any liability for personal injury or property damage sustained by Guest or parties invited onto the property by Guest. 10. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous oral or written agreements concerning this subject matter. Guest(s): _________________________________ dated: ______________ Homeowner: __________________________________ dated: ______________ XXXXX XXXXX

Welcome and thank you for your question. I will be the professional that will be assisting you.

I want to make sure that I am not confused. Your contract termination date is October 11, 2013 and you have never agreed to extend the date. Is that correct? You have new tenants that expect to move in on October 13th.
Customer: replied 4 years ago.

To make it clear this is a Vacation Rental Agreement and my new tenants are signing a residential lease and they are expecting to move in October 13, 2013. The communication about the extension to the vacation rental agreement was all through text messages. Here's the message I sent "Nancy, I think you texted me in August and said "Hi Matt. Hope your well. Wanted to check on a couple things: has the baby arrived and is the toilet working fine? I'd also like to see if the family would allow me to show the on Thursday for an hour. Also, I'm making certain that they'll be able to stay till the 20th. Thanks"

SI see. And you never extended the termination date.
Customer: replied 4 years ago.

No. never created a written addendum. My concern lies with my text message where I said ...


 


"Hi Matt. Hope your well. Wanted to check on a couple things: has the baby arrived and is the toilet working fine? I'd also like to see if the family would allow me to show the on Thursday for an hour. Also, I'm making certain that they'll be able to stay till the 20th. Thanks"


 


They are interpreting this as a commitment on my part to extend the stay. Does this constitute an extension agreement?


thx

I do not see this as an extension. You were merely looking into an extension.

 

Also, I'm making certain that they'll be able to stay till the 20th. Thanks" Thiswas never made certain.

 

It would have been prudent for them to confirm this with you.

Customer: replied 4 years ago.

Great, I expect they'll get the same advice from their legal council.


 


But at the moment they told me "...leaving before the 20th is now not an option'. So what is my recourse if they do not quit the premises?


 


I have new tenants coming in. Must I wait till they do not leave & evict via unlawful detainer, or can i just get a sheriff to come with me on the day of vacation rental termination to force the issue.


 


Should I send a certified letter now to remind them the rental agreement is over?


thx.

Nancy:

Yes, send them a certified letter return receipt requested advising them of the lease termination date.


If they tell you that they will not be out on October 11th they are advising you that they intend to breach the lease agreement. This is known as anticipatory breach/repudiation. The contract is broken the minute they advise you that they will NOT be out on time.

In that case you can begin eviction proceedings in advance of the termination date.


I hope that helps.

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