Legal Question in Real Estate Law in Virginia
Vacation Rental Agreement
I had reserved a 3 day vacation rental (with full payment up front -- MY MISTAKE). The Owner and I both live in Virginia. The rental is in NC. I had to cancel my trip 4 days prior to occupancy. The written agreement does not address pre-occupancy cancellations (only ''after'' occupancy cancellation due to Hurricane). I have requested a full refund. The Owner only wants to refund a portion (which is not addressed in the agreement). Most hotels and motels will issue a full refund if it is within 48 or 24 hours prior to occupancy. Do I have any recourse or right to a full refund? I am not sure what Virginia Law
addresses in this situation and hesitate to lose more money, in small claims court, if the law will ultimately protect the owner (author of the contract) rather than the renter. Is there some legal stance for items NOT addressed in a contract in this situation?
2 Answers from Attorneys
Re: Vacation Rental Agreement
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Re: Vacation Rental Agreement
If the written agreement does not address pre-occupancy cancellations, I'm afraid you're most likely out of options and you would be well advised to accept whatever possible maximum refund the owner is offering. (The usual and customary practice of hotels and motels in the area of the rental unit as applied to your very particular situation I would view as irrelevant and anyone who suggests different should (in my view) be regarded with a high degree of skepticism.)
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