Submitted by Tiara on Thu, 08/20/2009 - 08:13
Posted in
Two weeks ago we returned from the vacation rental horror story down on the Cape. The place was dirty when we moved in so we had to spend time cleaning up before we could even unpack. Now the agent is claiming that the owner has a problem with the way WE left the house and she is going to keep part of the security deposit we put down to hold the rental. So I'm wondering if this is like a typical landlord tenant issue and we should look to that law or go a different route. These people ruined the beginning of our vacation and, on principle, I want to get ALL my deposit back.
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Editor's Response
No, Massachusetts General Laws Chapter 186 (the law dealing with typical landlord/tenant situations) is relevant only with rentals of more than 100 days. For problems with a vacation rental, you're better off using the Massachusetts Consumer Protection Act (Chapter 93A) and sending a 30 demand letter in which you spell out--in detail--what your complaint is, the damages you believe you have suffered, and how you want the problem resolved. You should send the letter certified mail to both the agent and the owner, if possible. The beauty of the demand letter is it puts the other party on the defensive: They must make a good faith response to the letter within 30 days or risk paying triple damages and attorney's fees.
If the letter does not result in a satisfactory resolution, go ahead and file a suit. As long as you seek damages of $2000 or less, you can use the Small Claims Court, a place that is very friendly to non-lawyers. If more money is involved, you will have to go to District Court, and I would then recommend that you contact an attorney to assist you. Good luck.