CW Rentals.

USNA Alum Mom

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Apr 13, 2020
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There is another side to this discussion. We rented our house, took a deposit and used it to buy plane tickets and put a deposit down on a vacation spot. These things have been cancelled as well, and neither the airline nor the hotel is refunding deposits. In addition, we spent lots of money painting and re-carpeting the house for our guests. What about that investment?

And anyone who says people who live in Annapolis can afford to take the hit is unkind and ill-informed.
 
I think this is such an unfortunate thing...

There are really TWO different pieces as I see it: The legal piece and the moral piece.

Contractually, IMO, I personally would not rent from someone that doesn't have a mechanism for cancelation and refund. I simply would not feel comfortable with that amount of money not being refundable. That is my requirement as a renter. Although perhaps those kinds of rentals don't exist during CW?? But I certainly wouldn't feel comfortable not having some sort of protection of that amount of money.

The Moral piece is difficult. BUT shaming people for not returning contractually agreed upon funds is wrong, IMO. I suspect another piece of the 'before/after COVID' will be how these types of things ARE written up. Similar to a 'force of nature' clause in insurance policies, Which also brings up the point, that is there a generic insurance that can be purchased for these kinds of rental/travel agreements?
 
Airlines and hotels should be returning deposits for services they are no longer able to provide.

As for your investments no longer being able to provide income during Commissioning Week, that is unfortunate, but also it’s the nature of investments. There is risk involved. The safest place to put cash is a treasury bond and that’s one reason why they offer paltry interest. Real estate investments have the risk of demand plummeting during something like a pandemic and that’s just the way of the world.
 
I think it is great that our first question is "what does the contract say"; God bless the Common Law and Cavite Emptor.

That said, when circumstances arise through no fault of either party that are clearly outside of the basic understandings of the parties, the intentions of the parties and the goals of the contract when it was entered into, the court has remedies/discretion beyond the words of the contract. Call it "Acts of God" but it really goes deeper into whether the ever would have been (or was) an agreement in the first place.

As to whats right? well if the contract gets really specific in time frames and events that support cancellation and refunds to the point that a reasonable person would say the parties made provision for XYZ event, then you go with the contract. If not, people can generally make their case, presumably in small claims Ct..

What morally right? Well, IMO it makes sense to recognize that the Rentor has, in many cases, made commitments based on the original rental deal too. On the other hand, for the Rentor to say to the Rentee "too bad your problem, you are past the cancellation date in the contract, I am keeping whatever you paid me". If I'm the Rentee, they better have a contract that clearly contemplated/addressed this situation to expect me to be the party who "takes it on the chin".

Everybody hates litigation of this kind of stuff. So much better to: 1) say as the Rentor "I will do all I can to get you a refund". 2)Contact whoever you are renting from for the week and pursue a refund. 3)As a Rentor pass through whatever relief I get on my cancelation in where-ever for USNA Com Week to my Rentee. If the amount returned on the 2nd rental contract is less than 50% of the Com Week rental, the two parties to the Annapolis Com Week rental to split the loss 50/50. Good Faith and Fairness, that's all anybody should pursue in this stuff.
 
@USNA Alum Mom

As a person that rents out a house in Augusta, GA annually during a certain time of the year I would never engage in a sort of a rental “gamble” that I couldn’t afford. Rental properties are great and can make you wealthy but I’ve also taken a beating on them before and I’m sure I will in the future. If you hate the gridlock in Annapolis, MD or Augusta, GA annually just stay at home and complain. If you want to roll the dice and potentially find a graduating mid family to gouge like you do or a corporate renter to gouge like I do - GREAT! But you better have good leases drawn up that are legally airtight and have something called savings set aside for when the rental business goes to crap which it can periodically. Save your money up for those repairs, upgrades and of course a periodic pandemic.

FYI. That’s what happens when you’re a landlord.
 
Have to say that the OP probably isn't going to get much sympathy -- at least not from me. Unlike hotels, whose business is renting out rooms, private citizens who choose to rent out their homes are generating extra income. Hopefully, a CW rental is not the difference between eating and not eating. In this case, it's not as if the parents chose to back out. If an Annapolitan wants to keep their deposit based on a contract that allows it, that's their legal right. Morally, I don't think it's the right thing to do.

A separate issue is hotel and airline fees. From what I've seen, almost every airline and major hotel chain is offering at least the opportunity to rebook without penalty. It was also possible to purchase travel insurance at the time of purchase. Anyone who books non-refundable travel without insurance is taking a gamble. Most of the time, it pays off. Sometimes, like now, it doesn't.

As for the home improvements . . . you will be able to enjoy them for years to come.

In the end, this is a very sad situation. It's much, much more disappointing for the mids and their families to miss out on this lifetime event than it is for those who are losing out on CW rental income or vacation plans. Just sayin'. . .
 
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