Legal Question in Real Estate Law in New York

Vacation Rental Agreement

Summary: leasing agent is trying to cancel vacation rental agreement with renter

In 12/03, I signed a rental agreement to lease a vacation property for one week in 8/04. The agreement is with a leasing agent. The agent and the property are both in New York state.

Last week (5/04), the agent called to say that the owner of the property wants the property back for the summer and is cancelling all rental agreements. I am in the process of making a major stink over this. (It ruins my vacation plans as nothing else is available).

The leasing agreement I signed has no escape clause for the property owner/leasing agent. It does have language about cancellations, but it is clearly targeted at the renter. Of course, I have no knowledge of the nature of the agreement between the propoerty owner and the leasing agent.

What are my rights here? Can I stand firm behind this leasing agreement? Or am I at the whim of property owner?


Asked on 5/27/04, 3:00 pm

2 Answers from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Vacation Rental Agreement

Without seeing the actual contract, I am unable to give a specific answer but, you may be entitled to find another comparable rental for the period, and if it costs more, to recover the difference from the owner.

However, if you factor costs to recover the money and the aggravation factor, it just may not be worthwhile to pursue.

Read more
Answered on 5/27/04, 5:42 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Vacation Rental Agreement

I'd be interested to know about how you came into contact with the leasing agent. Not only would I like to see the contract that the land holder has with the leasing agent (which I see as secondary) but more importantly I'd also like to see the contract for the sale of services to you (that is between you and the leasing agent). Your damages are speculative and the UCC may limit your recovery. Other matters are relevant. Contact an attorney, Joe Holthaus (410) 799-9002.

Read more
Answered on 5/27/04, 6:44 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York