Short Term Rental Property Query!

[Villa Hire]

What is the name of your state?What is the name of your state? Florida

I recently closed on a Florida property to be used for short term rental. As part of the contract, the sellers wanted me to honour a 16 day vacation in the villa. They were nightmares throughout the buying process, and since closing they have gone even worse! They have refused to hand over house keys, documents, the garage opener and HOA files. They have also been writing very menacing e-mails and have said that when they visit, they intend to take back what they consider to be personal property - even though in closing, everything at the property became ours. I do not trust them to treat the property well, or not steal things when they are there, so don't want them in the property. What are my options? Can I put them somewhere else at my own expense? Can I offer them a compensatory amount not to stay? Or is there another way I can get out of accomodating their visit?

Please help!

 

[seniorjudge]

Tell us EXACTLY what the contract says about these folks (leaving out names, of course).

Also, tell us EXACTLY what the deed says about these folks (leaving out names, of course).

Did anywhere in the contract did it say something about the terms of this vacation business surviving the execution of the deed by the sellers?

(Generally, the contract is merged with the deed when the deed is executed and the terms of the contract go away. That is an exceptionally simple explanation, but you get my drift.)

 

[Villa Hire]

The contract addendum states :

BUYERS AND SELLERS AGREE THAT THE ABOVE MENTIONED PROPERTY WILL BE OCCUPIED BY THE SELLERS STARTING NOVEMBER 05TH THROUGH NOVEMBER 21, 2005 AT NO CHARGE. FURTHERMORE, THERE WILL BE ONE ADDITIONAL WEEK (TO BE DETERMINED) INCLUDED IN THIS AGREEMENT TO BE OCCUPIED BY THE WINNERS OF A RAFFLE FOR THE TSUNAMI RELIEF FUND. THIS WEEK MUST BE TAKEN WITHIN 1 CALENDAR YEAR OF CLOSING.

I am aware that the final sentence has no real relevance, but I thought I would include the wording in its entirety. This is the only mention of the agreement in the whole of the closing documentation, and I can find no mention anywhere in the contract about anything regarding the terms of this vacation business surviving the execution of the deed by the sellers. Things have taken another turn with a number of e-mails today with them demanding complementary pool heating during their stay (it is usually a chargeable option).

One slight bit of positive news is that they are in breach of contract, as clause 2 states:

SELLERS TO PROVIDE HOA DEED RESTRICTIONS AND COVENANTS FOR ************* UPON EXECUTION OF THE SALES CONTRACT.

As they are refusing to send the documents, that is surely a clear breach?

Thank you for your help thus far though!

 

[HomeGuru]

The contract addendum states :

BUYERS AND SELLERS AGREE THAT THE ABOVE MENTIONED PROPERTY WILL BE OCCUPIED BY THE SELLERS STARTING NOVEMBER 05TH THROUGH NOVEMBER 21, 2005 AT NO CHARGE. FURTHERMORE, THERE WILL BE ONE ADDITIONAL WEEK (TO BE DETERMINED) INCLUDED IN THIS AGREEMENT TO BE OCCUPIED BY THE WINNERS OF A RAFFLE FOR THE TSUNAMI RELIEF FUND. THIS WEEK MUST BE TAKEN WITHIN 1 CALENDAR YEAR OF CLOSING.

I am aware that the final sentence has no real relevance, but I thought I would include the wording in its entirety. This is the only mention of the agreement in the whole of the closing documentation, and I can find no mention anywhere in the contract about anything regarding the terms of this vacation business surviving the execution of the deed by the sellers. Things have taken another turn with a number of e-mails today with them demanding complementary pool heating during their stay (it is usually a chargeable option).

One slight bit of positive news is that they are in breach of contract, as clause 2 states:

SELLERS TO PROVIDE HOA DEED RESTRICTIONS AND COVENANTS FOR ************* UPON EXECUTION OF THE SALES CONTRACT.

As they are refusing to send the documents, that is surely a clear breach?

Thank you for your help thus far though!

**A: let me ask you this: why did you close without first making sure that the Seller fullfilled all their obligations ie. providing HOA docs, keys, garage door opener etc?

 

[Villa Hire]

Short Term Rental Property Query

We were advised that they would issue everything once we closed, and not before. And to be fair that seemed logical. I wouldn't have expected them to give up the keys etc until we closed and they got our money, however, as I am unfamiliar with Florida State laws, perhaps I missed a trick there!

 

[HomeGuru]

We were advised that they would issue everything once we closed, and not before. And to be fair that seemed logical. I wouldn't have expected them to give up the keys etc until we closed and they got our money, however, as I am unfamiliar with Florida State laws, perhaps I missed a trick there!

**A: we think you missed a Realtor.

 

[Villa Hire]

Believe it or not, I was led to believe that I used one of Floridas premier realtors! I'm not so sure now!

Is there anything that I can do to ensure that they don't stay in the villa? I'd obviously rather it cost me nothing, but if I have to offer a compensatory payment, or an alternative villa at my expense, I'd consider it! Can you give any advice at all?

Thanks for trying to help!