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-   -   Amending Rental Contracts for future rental (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/amending-rental-contracts-future-rental-308143/)

Mich2019 06-23-2020 02:17 PM

Amending Rental Contracts for future rental
 
We are set to rent a house in The Villages next year. If for some reason Florida stopped renters from coming to the state prior to our arrival, or we were told to leave Florida (by state mandate) once we arrived, should we be entitled to get our money back when the entire rental was prepaid? Would this solely depend on the contract? And if so, should we be requesting to amend our rental contract for the coming year? If so, please provide examples if you have any suggestions or experience with rental contracts.

Stu from NYC 06-23-2020 02:58 PM

Quote:

Originally Posted by Mich2019 (Post 1790406)
We are set to rent a house in The Villages next year. If for some reason Florida stopped renters from coming to the state prior to our arrival, or we were told to leave Florida (by state mandate) once we arrived, should we be entitled to get our money back when the entire rental was prepaid? Would this solely depend on the contract? And if so, should we be requesting to amend our rental contract for the coming year? If so, please provide examples if you have any suggestions or experience with rental contracts.

If you are concerned you need to put this into the contract so their is no question in case this happens.

retiredguy123 06-23-2020 03:05 PM

I think you should be entitled to a prorated refund if the state or any Government prohibits you from being here. You just need to require the landlord to modify the rental agreement, or you could prepare a letter contract, signed by the landlord, and include it as an attachment to the rental contract.

Toymeister 06-23-2020 07:59 PM

The building blocks of a contract are an offer and acceptance to that offer.

You can get all sorts of opinions here however that is your archiles heel. You have a contract to which you agreed to. If you wish to modify that contract you need to contact the other party to modify your contract (lease).

On to your second point which is speculation at this point, that is impossibility of performance. That is you cannot rent the property because you where forbidden to do so by a Government authority. In this case you have a case with or without a clause in the contract to do so. The issue will be enforcement on getting a refund.

Source 32 years as Contracting officer, Inspector General, Contracts and Landlord

Edit: Question for the OP, if what you really want it the ability to not fulfill your lease for COVID, or similar, why should your landlord be insuring your decision when you can easily buy vacation insurance? My leases recommend travel insurance for this very reason.

Mich2019 06-23-2020 09:40 PM

At this point, we still want to come even during Covid; so that is not a concern for us.

charlieo1126@gmail.com 06-24-2020 07:59 AM

I rent my home and go other places most winters . The contract is binding if you don’t come or leave early you don’t get your money back , the same has applied to the places where I go , it states in contract no refunds . So I’m sorry for my renters loss for whatever reason , but I also have rent to pay on the property I’m visiting so no refunds. I always am able to rent whatever home I’ve had in villages most stay at least a couple of years of course that’s about all I stay in any home in villages lol

Stu from NYC 06-24-2020 09:38 AM

Quote:

Originally Posted by charlieo1126@gmail.com (Post 1790831)
I rent my home and go other places most winters . The contract is binding if you don’t come or leave early you don’t get your money back , the same has applied to the places where I go , it states in contract no refunds . So I’m sorry for my renters loss for whatever reason , but I also have rent to pay on the property I’m visiting so no refunds. I always am able to rent whatever home I’ve had in villages most stay at least a couple of years of course that’s about all I stay in any home in villages lol

Hard for the renter but you still have to pay your expenses virus or no virus.

17362 06-24-2020 09:53 AM

Renting your home(s) is a business.
Businesses have expected expenses.
Just like sales tax and the like. Period. If you are not accounting for that, your problem, not the unknown consumer.
If you don’t want business expenses - don’t have a business.
Second, the state rules.
State rules override any business policy.
If the business has a policy that is in conflict with the state, the state wins and any business owner knows that- comply with state rules. Period.
It’s not a struggle to “see” these things when broken down to the simplest level.
Any business that is not complying should be dealt with. Quit being greedy and comply. At least the business can write off their expenses whereas a consumer cannot.

Velvet 06-24-2020 10:01 AM

Foreign owners in TV have to pay all home related expenses after they were called back to their countries because of Covid.

If we are talking about vacation renters, when they sign a rental, they exclude other renters (who might have been allowed to stay there) from being able to rent that place. But the landlord still has the same expenses. Why would the renter expect the landlord to subsidize them? I agree that travel insurance is a good idea to protect the renter.

charlieo1126@gmail.com 06-24-2020 10:34 AM

Again no refunds
 
Quote:

Originally Posted by 17362 (Post 1790924)
Renting your home(s) is a business.
Businesses have expected expenses.
Just like sales tax and the like. Period. If you are not accounting for that, your problem, not the unknown consumer.
If you don’t want business expenses - don’t have a business.
Second, the state rules.
State rules override any business policy.
If the business has a policy that is in conflict with the state, the state wins and any business owner knows that- comply with state rules. Period.
It’s not a struggle to “see” these things when broken down to the simplest level.
Any business that is not complying should be dealt with. Quit being greedy and comply. At least the business can write off their expenses whereas a consumer cannot.

Again no refunds and it’s already showing up on home away if you want to be protected take the insurance


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