Legal Question in Real Estate Law in Massachusetts

Am I required to return a week of vacation rental monies?

I advertised my property on the lake as "home on the lake". The lake itself is weedy, no swimming, but I did not put this in original ad. I did speak to one family member, but do not remember in conversation what was discussed regarding the lake. One family member went to the property and looked it over claiming to "love it" and paid for the vacation time.

Upon arrival a family member claims she was duped and deceived because she couldn't swim in the lake, rent was too high for not being able to swim, demanding 1/2 rent back. I agreed verbally at the time because I was afraid of having the place ruined if I didn't, afraid I had indeed done something wrong with the ad, and afraid of getting sued if I didn't agree. She wants $ next week before she leaves.

I don't mind refunding but not next week when they are still there. Will I be able to "change my mind" regarding the refund so quickly?


Asked on 8/05/99, 5:05 am

2 Answers from Attorneys

Murray Davis Law Office of Murray I. Davis

Re: Am I required to return a week of vacation rental monies?

I have prepared both short term (from a weekend to a month) and long term rental agreements for vacation property. Before I can properly advise you, I must see the actual advertisement and then discuss the particulars. You may call me in my office after 9:00 a.m. this Monday, (781) 593-7379

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Answered on 8/07/99, 12:50 pm

Re: Am I required to return a week of vacation rental monies?

I don't like the fact that you're not sure you should do what you agreed to do.

You said you talked to one or another family member about the lake, but you didn't say that you told that one that there'd be no swimming.

I could agree with you that you never deceived them, and it's even questionable whether they're just taking advantage of you! But that's water under the bridge and you should abide by your promise to refund, I believe. However, you should not have made that agreement out of fear that they would harm your property!

Where do THEY live? Did they say ANYTHING to suggest that you had reason to fear, or was that just your own worry? Big question: didn't you take a security deposit from them??????????? Okay, here's one possible proposal. You call them up and say that you SHOULD have taken a week's rent as a security deposit, but you hadn't bothered with that for them, but now you will use that second week's rent as security deposit to be returned in the event that there's no damage. If they clearly don't believe you, you can either take your chances (and I think it's unlikely that they would leave the place in anything but pristine condition, ... but it's not my house to gamble with!) OR you can try to go one step further to convince them, for example by offering to mail or fax them your agreement to refund (after they've left and you've inspected) so they have it in writing. That might convince them better.

Good luck. Call me with a list of answers to my questions if you want me to give you more advice.

(617) 527-0050.

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Answered on 8/06/99, 3:00 pm


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