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  1. #1
    Join Date
    Nov 2009
    Posts
    1

    Default Vacation Rental - Am I Required to Rent if I Did Not Obtain Deposit and Contract

    My question involves a consumer law issue in the State of: florida

    I have a vacation rental in florida which I rent out seasonally. I had a traveler express interest and wanted more details. We corresponded via email. I told him what cost would be monthly and the percentage that is due to reserve. He had additional questions about the area and fees which I answered.
    I stated that I prefer to have a three month minimum rental. I gave a price quote for two months and asked if he would be interested. I said to provide the dates if he is and I would send a rental contract for him to sign. He was agreeable to the rate however did not give me exact dates. He gave a time frame that he is looking to rent for, for instace Dec to mid Jan and asked me to send a rental contract so he can look it over and get moving on this. During this time, he was also continuing to ask questions about fees, surrounding area, etc. I did not send a contract and after two days, he emailed me. I said that I would send it at end of week. At end of week, I emailed customer to say that I have decided not to rent the property out for the length of time he was interested in and to instead rent out for at least 3 months.
    I have also since found out that my home owners association requires any rental to be at least three months.
    The customer was very upset and angry and is claiming that we had a verbal agreement and will be consulting an attorney and that i should be prepared for actions. He claims that he turned down another property based on our "agreement".

    Does this individual have a case? What am I responsible for and what type of damages am i liable for? I feel that we did not have an agreement..we were simply negotiating. I did not recieve a signed contract or send one which would detail our arrangement or the rules of the tenancy nor did I recieve any type of deposit which i would also require. I clearly stated in one of the emails that a deposit would be required to reserve.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,616

    Default Re: Vacation Rental - Am I Required to Rent if I Did Not Obtain Deposit and Contract

    I can't be certain without reviewing the exchange, but it sounds to me like there was never a meeting of the minds - that there were enough details left unresolved that no contract can be said to have been formed.

    I don't know what damages the prospective renter has in mind; but contract damages would typically be the difference in rent between your premises and reasonably equivalent premises leased as a substitute.

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