Judge Jonna: The Case of the Vacation Rental Home

If you missed the last Judge Jonna, don’t worry, tomorrow she rules on another case. If you have a dispute, let us know by e-mailing judgejonna@wpdh.com and let her decide live on the Boris & Robyn Show!

This week, our litigant was concerned because he planned a family vacation in a beach house for which only he signed the rental agreement (lease).  His fear was that he would be legally liable IF SOMEONE ELSE causes damage to the property.  This is a well-founded fear BECAUSE HE’S RIGHT!

When planning a vacation with your family or friends, typically the person who signs on the dotted line will be legally accountable to the landlord for any damages contemplated in the lease.  That said, should a fellow guest commit a criminal act — i.e., they set fire to the curtains on purpose — the “perp” could also be responsible for restitution through criminal court.  But that’s not where we’re going here.   What we’re talking about in this case is simple, run of the mill, someone-pukes-on-the-couch-and-it-costs-$300-to-clean type damage.  For that, friends, the landlord will not look to the party animal for money, but instead will look to the person who signed the agreement.

MY RULING:  If your bent on planning the trip, go ahead, but look for ways to minimize your exposure.  First, ask the landlord to have EVERYONE sign the lease.  Typically, landlords will not go for this because they would end up chasing a lot of people around for their dough, and you would have to be one stupid landlord not to insist of “joint and several liability” if you were gracious enough to allow multiple signatories on the lease.  “Joint and several” liability means that the landlord could go after one, or all of the lessees for the damages no matter who actually put their cigarette out on the carpet.

Next, you could create your own agreements with the other adult guests (people under 18 are legally incapable of signing contracts) so that they agree to be accountable to you if they cause any damage because, hey, nothing screams “Jerry Springer” potential more than family members agreeing to sue each other after a glorious week on the Jersey Shore where the beer flows as much as the waves!

Lastly, you could extract a “security deposit” from your fellow guests (if they are financial solvent, and if they aren’t, you should really think twice about taking them on vacation!)  This way, if they cause damage, you already have a slush fund to pull from in the event you need it.

With that said, truth is we can’t guard against EVERYTHING so choose your friends carefully and stick your toes — not your head — in the sand when planning your summer vacation.