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- Use of timeshare responsibility?
Use of timeshare responsibility?
We own a timeshare. We want to rent out our "use week" to another party. Resort says what is needed from us is:the week(we own)and we are renting out, along with the name of the renting party. Also they add " You do realize that you are responsible for any damages that are caused by the renter". While this seems logical to me, how would I prepare a rental agreement that the renter would need to sign which would state he/she is responsible for damages they caused and not I the owner? As I understand it, the resort holds me liable for my use week, even if I am not there to use it! I believe the courts would side with the resort on this issue. Comments please.
James K.
jamesk339 wrote:We own a timeshare. We want to rent out our "use week" to another party. Resort says what is needed from us is:the week(we own)and we are renting out, along with the name of the renting party. Also they add " You do realize that you are responsible for any damages that are caused by the renter". While this seems logical to me, how would I prepare a rental agreement that the renter would need to sign which would state he/she is responsible for damages they caused and not I the owner? As I understand it, the resort holds me liable for my use week, even if I am not there to use it! I believe the courts would side with the resort on this issue. Comments please.
Since you own the week, YOU are ultimately responsible for any damages which occur during your reserved "use week", no matter WHO occupies the unit. There is absolutely no question about this; it's a legal matter of fact, consistent in any and every state, entirely independent of any resort's statements or opinions on the matter. Period.
Most resoprts require a credit card in the occupant's own name) upon check-in (often INCLUDING actual owners), to cover any minor damages incurred during occupancy. You can easily write a "occupant responsibility" clause into your rental agreement, but it is frankly of somewhat limited value, since you would STILL have to take the occupant to court anyhow in order to recover any damages whose costs exceed the credit card authorization.
Frankly, instances of damages are relatively rare, although many owners (including me) absolutely refuse to rent to "college break" students under any circumstances, at any price (or, for that matter, any renter under 25 years of age). That latter point is a personal decision for each owner to make on his / her own. Good luck.
KC
Thank you for the information. It is valuable with many valid points to consider. I also agree that under 25 or college break folks are not a good risk. I may ask resort for a form letter they use for damages and see if that will work in a court situation.
James K.
