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During a pandemic, public health guidelines and state and local travel restrictions must be followed. Owners of short-term rental properties have enough time to prepare for these changes to spend the 2020 summer vacation more like the off-season. However, with the surge in COVID-19 and the ebb and flow of restrictions, new challenges have emerged. It seems to be over, but we don’t know the exact time, and more importantly, where. This is how to maintain compliance with short-term leases and how to deal with the ups and downs of the short-term and holiday rental market.
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1. Comply with COVID restrictions imposed by state and local governments.
Following state and local guidelines will not completely eliminate your potential liability, but it is an important step. When assessing the property owner’s liability for damages, the court will usually consider whether reasonable measures have been taken to prevent the damage. If you are sued, ignoring the guidelines may make you liable. It is important to research state and local guidelines in your area, but here are some examples of restrictions and guidelines you might expect.
California – Statewide
- Only rent vacant units. Unless otherwise notified, no room or space may be rented in an occupied residence.
- If possible, please provide self-service or remote check-in and check-out procedures, and set check-in and check-out times.
- There should be 24 to 72 hours between bookings for thorough cleaning and disinfection.
Florida- Miami-Dade County
- Minimize shared touch surfaces, such as receipts and buttons.
- Use contactless procedures for room service, pickup and delivery.
- Remove or restrict paper facilities in guest rooms.
Massachusetts- Statewide
- When in corridors and public areas, all workers and guests need to use face masks. Individuals who have medical conditions or disabilities or are exempt.
- Encourage the use of contactless payment methods.
- Consider leaving the equipment unused for 24 hours for deep cleaning, disinfection and clean air circulation.
2. Reconsider your cancellation policy.
The owner of the rental property may expect to cancel the reservation as the local conditions and the area where the guest lives change. In addition, guests may cancel their reservations due to the personal impact of COVID-19.
Any cancellation policy is a combination of customer service and contract law. If you are too strict, you may lose repeat business or receive negative reviews. Your cancellation policy needs to be implemented in writing. In addition, you may set cancellation policy restrictions in local regulations or on the platform you use as an intermediary.
Consider adding the following to your cancellation policy:
- The number of notifications required.
- contact details.
- Refund or service fee policy.
- Medical or other document policy.
- Relevant government orders or policies in the current reopening phase.
If you do have a last-minute cancellation, please consider whether the rental agency can help you complete the reservation and how much it will charge. However, even if you cancel your booking, your financial situation may be better compared to a complete closure.
3. According to COVID guidelines, apply best practices to clean and disinfect your short-term rent.
You will need a deeper cleaning and sanitation of all surfaces than in the past. For example, you may want to use a disinfectant on a sofa that may have only been vacuumed or partially cleaned in the past. Disinfection is a key step in ensuring that your property is kept away from germs and bacteria that can harm guests. If you do not use a cleaning company, you may want to consider using a cleaning company immediately. Some states and counties provide useful information about cleaning standards, including how much time should be allowed between stays to allow more thorough cleaning and disinfection of equipment. Check your local government website for guidance.
From a legal point of view, you do not want to guarantee cleanliness. If you tell your guests that you eliminated COVID-19 and they became ill while with you, they may sue you based on that promise. However, you may want to inform your guests that you have updated your cleaning plan to let them know that you are addressing the additional risks posed by COVID-19. In addition, you may consider providing guests with hand sanitizer, antibacterial soap and other cleaning products for their use and benefit.
4. Work with your property manager and housekeeping staff to ensure compliance with the guidelines and regulations.
Your property manager and housekeeping staff can help you comply with COVID-19 guidelines and regulations. Since this is their full-time job, they have more time to research what you need to do, and they can quickly access things like enhanced cleaning tools and services. There are also third-party health organizations that provide Covid-19 clean certification. You can investigate this process to give your guests more peace of mind about your property.To be precise, what they should do in your Property Manager Agreement, If you signed the agreement before the pandemic, you may need to update it.
You should also understand that, as the property owner, you are usually legally responsible for anything that happens. If your contract with the property manager does not include a contract for a lawyer to review your COVID-19 compliance plan, you should consider hiring your own lawyer.To learn more, visit Rocket Lawyers COVID Law Center Or consult Rocket Lawyer on call® lawyer Fast and affordable legal advice.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm, nor is it a substitute for a lawyer or a law firm. The law is complex and changes frequently.Seek legal advice Ask a lawyer.
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