Legal Question in Real Estate Law in District of Columbia
vacation rental contract
I identified a DC vacation rental from the internet and signed a rental contract. I faxed it to the owner on Day 1, mailed the signed contract with a $350 deposit check on Day 2. On Day 3, I emailed the owner telling that I had to cancel because another party couldn't join, and asked the owner to disregard the incoming letter. Then I blocked the check. But the rental owner still wants me to pay the $350 deposit, and will sue in small claims court if I don't pay. The planned 7-day rental is 8 weeks away. In the contract, it prints: ''A reservation deposit of $343.75 is required to hold your reservation. We must receive a cashier��s check, personal check for the security deposit within 5 days of initial booking. Once it is received, your dates are officially reserved.'' During these few days, the rental ad remained open on the Net all time. I feel the dates were never officially reserved since I canceled before the blocked check was received by the owner. From another angle, the deposit was never rendered.
My questions are: 1. Am I obligated to pay the deposit because I signed the contract? 2. Can the owner sue me (even with no chance to win)? If so, do I have to travel to DC court?
Thank you for helping!
2 Answers from Attorneys
Re: vacation rental contract
I doubt if the Owner could get appropriate service of process on you. Furthermore, because the amount of the claim is so low I would recommend you continue to refuse to pay. It is doubtful that the owner will be able to secure a judgment against you.
Re: vacation rental contract
Of course, the owner could sue you(one can be sued for virtyally anything), but on these facts would be unlikely to prevail. Furthermore, if you live outside of the District of Columbia,
he may not be able to obtain proper service of the lawsuit papers upon you.
You should continue to refuse to pay this apparent predator the sum he's claiming as a security deposit for the reasons you've cited as well as on grounds of general equity.(You've received nothing for this sum of money
he's claiming is owed and his vacation rental opportunity apparently has been in no way impaired since it apparently remained open on the Internet.)
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