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Canadian Rental Cancellations Due to COVID 19

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  #16  
Old 08-18-2020, 10:32 AM
charlieo1126@gmail.com charlieo1126@gmail.com is offline
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Originally Posted by HIgolfers View Post
Almost all travel insurance excludes cancellations due to Pandemics.
it doesn’t
  #17  
Old 08-18-2020, 10:46 AM
gatorbill1 gatorbill1 is offline
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Quote:
Originally Posted by charlieo1126@gmail.com View Post
it doesn’t
Quote:
Originally Posted by HIgolfers View Post
Almost all travel insurance excludes cancellations due to Pandemics.
NCL travel insurance told us they excluded pandemics
  #18  
Old 08-18-2020, 10:50 AM
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Toymeister Toymeister is offline
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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.
  #19  
Old 08-18-2020, 11:08 AM
Stu from NYC Stu from NYC is offline
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Quote:
Originally Posted by Toymeister View Post
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.
Very interesting but since the rental is for some time in 2021 (no idea when) how do we know it will still be covered by impossibility of performance.

Took contract law class in Grad School.
  #20  
Old 08-18-2020, 02:50 PM
capecoralbill capecoralbill is offline
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Originally Posted by Maureen111 View Post
I am a Canadian.......
Any thoughts or or help with this would be appreciated.
If your landlord refuses to refund, you may be able to threaten him with the following rental rules.
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.
  #21  
Old 08-18-2020, 02:54 PM
Lindsyburnsy Lindsyburnsy is offline
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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.
  #22  
Old 08-18-2020, 03:11 PM
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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.
  #23  
Old 08-18-2020, 03:49 PM
vintageogauge vintageogauge is offline
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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.
  #24  
Old 08-18-2020, 03:57 PM
JGVillages JGVillages is offline
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Quote:
Originally Posted by charlieo1126@gmail.com View Post
First I would like to know why you are trying to contact him , is it because you are trying to get all your money back, maybe that’s why he had not answered.I have mine rented for next winter , no refunds at all . If the people canceled I would text them sorry and good luck
You are lucky to find a renter that would be confident enough to know with all certainty that they won’t have any chance to get their money back if they were unable to be here for a number of reasons. Can’t understand why an owner would not refund the deposit if they were able to re-rent to another, as is your policy. For myself, I would never rent under those conditions. Even if the renter is questioning whether or not the owner will refund the deposit out of compassion, or follow the contract and refund only if re-rented, the owner should at least communicate with the renter, and in this case one who has rented previously.
  #25  
Old 08-19-2020, 09:45 AM
charlieo1126@gmail.com charlieo1126@gmail.com is offline
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Default I use home away to rent and from and I’m looking at fine print but I’m not going to

Quote:
Originally Posted by gatorbill1 View Post
NCL travel insurance told us they excluded pandemics
argue but regardless of that fact and I give up arguing about it , my message was that we should always have travel insurance for any trips we take , pandemic or not , and even now you could have an accident , a medical emergency , a death the insurance will still cover those issues
  #26  
Old 08-19-2020, 11:45 AM
charmed59 charmed59 is offline
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Quote:
Originally Posted by capecoralbill View Post
If your landlord refuses to refund, you may be able to threaten him with the following rental rules.
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.
Though there may be some folks skirting these rules I would bet most are not. The money from the transient rental taxes go to paying for tourist things like the entertainment on the squares. That helps draws renters, so it in my interest to pay that.

If you know the landlords are skirting the rules on taxes why would you be surprised they don’t refund deposits.
  #27  
Old 08-20-2020, 06:27 AM
Maureen111 Maureen111 is offline
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Hello
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.
  #28  
Old 08-20-2020, 06:37 AM
Maureen111 Maureen111 is offline
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Hello
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.
  #29  
Old 08-20-2020, 06:40 AM
Maureen111 Maureen111 is offline
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That is nice to hear. We are still hoping to hear from our homeowners.
  #30  
Old 08-20-2020, 07:01 AM
Maureen111 Maureen111 is offline
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Yes we are still hoping for that too
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