Legal Question in Consumer Law in Michigan
I recently rented a condo and the owner had a pontoon boat for rent. I signed a contract to rent the condo which had nothing to do with the boat, and later decided I'd like to rent the boat during my stay. There was no separate contract written up for the boat rental, nothing was signed, nor was there any talk about damage liability or insurance.
After using the condo & boat, we left thinking that everything was in tip top shape and nothing went wrong. Today, I received a phone call stating that there was a hole in the pontoon along with two dents. Now I do know we did run into the boat lift once when pulling it in for the last time due to water turbulence, so it is likely that we could have caused damage and I'm not contesting that until I see the pictures. But I do have the following questions...
1.) The owner is stating that she is keeping our condo security deposit of $400, even though that contract had nothing to do with the boat rental. Is this legal?
2.) There was no contract, written or verbal, regarding the boat rental and damage liability... nor was there any mention of insurance requirements (I assumed everything was insured by them). Am I fully responsible to cover the damage myself, or is there an assumption in the law in which the owner [or renter] must insure the boat themselves and any renters?
2.a) If the law does require the owner to have insurance, MUST the owner use that insurance if the renter did not have said insurance even though they were not on notice of the requirment? (i.e. can they just say "No, we're not using our insurance")
The presumption that I'm responsible for any and all damage while renting the boat seems logical to me ONLY IF I had been presented with an insurance waiver and accepted damage liability. Since I was not presented with anything except the amount to pay, I assumed the rest was covered under their renters insurance.
What are the presumptions in the law when there's no contract?
1 Answer from Attorneys
I agree with your logic, however, I do not advise that you admit liability.
If the agreement to rent has nothing to do with the boat, then the owner of the condo cannot use your security deposit for that.
The boat owner must have insurance on the boat. Deny liability. Demand that the owner submit the claim to their insurance company. Alternatively, demand to have their insurance information so that you may submit the claim yourself without admitting liability.
Put all communication in writing.
If you believe that a letter from an attorney would help, please contact me at www.lawrefs.com or directly at [email protected].
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