Legal Question in Real Estate Law in Florida

Vacation rental

I have rented a home in Orlando through a real estate company. I was planning to stay from Nov. 9 to Nov. 14. I was recently diagnosed with a medical condition and will not be able to keep my scheduled vacation. The terms of the contract say ''No refund within 6 weeks of scheduled stay''. Here are some facts: I booked this home 5 weeks before my scheduled arrival. I was required to pay the balance in full. I have a letter from my physician detailing everything, but the company refuses to accept the letter. I told them I would not mind paying the fee they charge for people who cancel prior to 6 weeks and they refused. The questions I have is 1. Am I bound to the terms even though I need to cancel for medical reasons? 2. Is there a way to get my money back if they refuse to refund it? 3. What recourse do I have?


Asked on 10/25/07, 10:41 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Vacation rental

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A contract is a contract and will generally be upheld between the parties absent some showing that it is unconscionable. You are bound to the terms of the contract. If they do not have any provision for a refund if sick, then you have no right to get one. The only way to get your money back would to list the property rental on eBay or some other auction site and minimize your loss by accepting a lesser amount. There is no other recourse that is viable.

Scott R. Jay, Esq.

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Answered on 10/25/07, 11:54 pm


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