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  1. #1
    Join Date
    Feb 2011
    Posts
    1

    Exclamation Vacation Rental Rights in Florida

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

    I was so careful about finding a vacation rental & not getting ripped off, so why am I in this mess?

    I found this house on a website that listed many other rental properties, so I thought I was renting from a professional manager. I Googled the manager's name & didn't see any negative postings.

    I paid this "manager" a $500 security deposit (by check) & $2857 rent for the month of Feb. (by direct deposit to his checking account because the reservation was made less than 30 days from the rental date, which is the normal time that payment is requested). I also have to pay electricity beyond a stated amount (pool has electric heater). Advertisement said, "New home brand new furnished in Dec 2009. Large Southern exposed pool deck with power heated pool. Power heated pool. Windows PC included.
    The House comes with all lines, bedding, towels & complete kitchen ware - all you need to bring is your clothings & cosmetics."

    Arrived at Cape Coral home on 1/29 and found that I needed a lot more than my "clothings & cosmetics." Instead of the internet picture of the house, which showed a healthy stand of palm trees in front of the house, we found half-dead palms and weeds. Also:

    (1)The home was dirty (many bugs on floors, in kitchen cabinets, thousands on the lanai, used bandaids, dishes in cupboards with food caked on, food/crumbs on floor in kitchen, frig dirty inside, all blinds are dusty & dirty, all vents are dusty, lanai was filthy, etc.);
    (2) There's an ant infestation throughout (primarily in kitchen, but I see ants in the baths and bedroom;
    (3) The advertised "heated" pool was ice cold & pool service is provided by a neighbor (who may or may not be capable of taking care of the pool);
    (4) Advertised Windows computer did not work (service had been disconnected);
    (5) No phone service (disconnected);
    (6) One TV in whole house & antenna gets about 8 channels & pictures pixelate (no mention of TVs in rental ad, but I assumed...);
    (7) Carpets in bedrooms are stained & disgusting;
    (8) Gas grill on lanai has dirty grill & no propane (this was not advertised)
    (9) "Complete kitchen ware" here means dishes, utensils, two pots, one pan, one griddle (all bottom-rung quality-wise). There are no baking dishes, no mixing bowls, no serving bowls or platters, no mixer, blender, etc.
    (10) There are no amenities whatsoever (house has minimal furnishings, no pool floats or toys, no iron or ironing board, no tvs in bedrooms, no kids games or books of any kind, etc.)

    The first day here, I contacted the person to whom I had paid the rental fees, and he informed me that he only listed this property as a "favor for a friend" and that he doesn't actually manage the property. He said that the owner couldn't get utilities in his name because he doesn't have a Social Security card & that a neighbor handles these things and I should speak with him (yes, it's the pool guy, who is nice, but really works in the city sewage department, so he isn't a professional property manager, either).

    So far we've only been able to get the neighbor to get the phone turned on and the internet working (after I ran up a large bill using my air card for 5 days). I am still asking that something be done about the TV (come on, the Super Bowl is tomorrow & we're from Pittsburgh!), but I'm not getting any response from the neighbor other than that he'll try to reach the owner (who -- yikes -- lives in another country!). Neither the original rental guy nor the neighbor will tell me the name of the owner or how to contact him (I found the name on a piece of mail, but I have no contact address or phone).

    I know this looks like a textbook case of how to screw up a vacation rental, and I've learned a few things. Please tell me, do I have any rights in this situation at all?

    Circus

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Vacation Rental Rights in Florida

    I paid this "manager" a $500 security deposit (by check) & $2857 rent for the month of Feb. (by direct deposit to his checking account
    To HIS checking account, or to the owner's?

    What sort of paperwork have you signed?

    Take any documents you have to a local attorney. It seems to me that the guy to drag to small claims to get your money back would be the guy you paid the money to, unless you have written documents that make someone else the responsible party.

  3. #3

    Default Re: Vacation Rental Rights in Florida

    Quote Quoting Circus
    View Post
    My question involves a consumer law issue in the State of: Florida

    I was so careful about finding a vacation rental & not getting ripped off, so why am I in this mess?

    I found this house on a website that listed many other rental properties, so I thought I was renting from a professional manager.
    Not to belabor the point, but really any idiot with a computer sitting in the alleyway behind a whorehouse in a slum in a third world country can post a rental property on a website. That's why the Nigerian scam is so prevalent - because it LOOKS legit and professional to lots of people.

    I Googled the manager's name & didn't see any negative postings.
    Any POSITIVE ones?

    As a native Floridian who understands and appreciates how vital your visits to our state are, I hope this experience hasn't soured you on vacationing with us. (I'm near Orlando, but I have lots of family with property in the Cape Coral area, coincidently). For future trips, a good place to find reputable vacation rentals is by checking property managers (either individuals or companies) via the Florida Vacation Rental Manager's Association. At least you'll know that you're dealing with entities who have been checked out, and who take their business seriously (as opposed to situations where people are sub-leasing, or renting a property they inherited but never visit, etc.). You can find the membership list at: http://www.fvrma.org/directorylist.asp

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