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Contractually, this is known as Impossibility of performance. You, OP, cannot perform (meet the terms of the contract) because of international restrictions on travel.
The contract occurred in Florida, the small claims court limit is 8,000. He can be sued for the deposit. Small claims cases are handled via web cameras in Sumter county now, you can be in Canada and file. It will cost 313.00 to file. That is what I would do. Source: My experiences in 33 years of contacting and as a landlord. |
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Took contract law class in Grad School.:bigbow: |
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1.) FEDERAL, the IRS requires rentals over two weeks to be reported on the individuals income tax.....I doubt your landlord will want to tangle with the IRS unless he is squeaky clean. 2.) STATE government, Florida requires your landlord to pay a 6% state sales tax, plus any applicable discretionary sales surtax, applies to rental charges or room rates paid for the right to use or occupy living quarters or sleeping or housekeeping accommodations for rental periods six months or less, often called “transient rental accommodations” or “transient rentals.” Some examples are hotel and motel rooms, condominium units, timeshare resort units, single-family homes, apartments or units in multiple unit structures, mobile homes, beach or vacation houses, campground sites, and trailer or RV parks. |
I cancelled my reservation in the spring and all of my money, including security deposit was refunded with the owner being very understanding of these circumstances. Good people, act accordingly.
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If we were renting our house, which we are not, I would give a full refund to anyone who booked before March 2020 since the renter had no knowledge of the pandemic. I think that is just the right thing to do regardless of what the rental contract says. However, if they booked after March of 2020, they knew the risk they were taking and should have to live with the consequences. Just my two cents for what's it worth. We rented a house for a week in Maine last January and were supposed to stay there a couple of weeks ago but had to cancel because the governor of Maine required us to quarantine for two weeks when entering the state. The landlord we rented from gladly returned our full deposit, because it was the right thing to do. We hope to be able to rent the house next summer assuming this dam pandemic is past us by then, but I am not holding my breath.
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I kind of feel sorry for the landlords in these situations as they still have to pay their bills for the unit being rented, maybe a partial refund would be better for both parties. In this case I think it's too early as restrictions may not be in place after the first of the year and he also might find someone from the states to take the unit for this time slot.
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I use home away to rent and from and I’m looking at fine print but I’m not going to
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If you know the landlords are skirting the rules on taxes why would you be surprised they don’t refund deposits. |
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My main issue right now is the No Response. I hope he rerents the property of course. I understand we may not get the money back if he doesn’t rent. I hope any home owner would respond to their tenants. |
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I booked in February 2020 for the following year before all this got so bad. For sure if I knew this pandemic would turn out this way I would have waited. |
That is nice to hear. We are still hoping to hear from our homeowners.
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Yes we are still hoping for that too
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