I Lost My Small Claims Court Case:

[Mike V.]

I wanted to briefly share my experience with a COVID related cancellation I had.  

I had a guest cancel their reservation made through VRBO a few weeks prior to check-in due to COVID.  I have a 60 day cancellation policy and an iron-clad rental agreement which my lawyer put together.  It specifically and unequivocally states that I am not responsible for COVID related cancellations and recommend a specific 'cancel for any reason insurance policy' which covers COVID related cancellations.  

The guest didn't buy the insurance and issued chargebacks through their credit card.  

This guest happened to live relatively close so I decided to file a lawsuit and try my luck. We both explained our sides, and when the judge asked why she didn't buy the insurance the guests stated she didn't think it would be necessary.

Fast forward 20 minutes of testimony and the judge said this is a simple contract case, and that the guest signed away her rights specifically pertaining to COVID and she should have purchased the insurance. The judge said I am 100% correct.

I'm feeling like I won and it's over until the last 30 seconds where the judge said she couldn't 'in good conscience enforce the contract'. Case closed.

I appreciate the situation this guest was in, as well as the 1000s of others affected, however, my argument was why am I responsible and expected to eat the $5000+ losses when the guest decided to save $129 on insurance at the time of booking which would have reimbursed her costs.  The contract was clear and the guest decided to roll the dice.   

I'm not upset at the ruling but am disappointed that even when we, as landlords, do everything correctly and prove our case, judges simply toss our legally binding contracts out at their discretion. The only thing I can think of that I could do differently going forward is to require travel insurance at the time of booking (through VRBO) which would force them to purchase it.  However, that very well may turn off guests as there's already enough fees as it is.  

[Mike V.]

@Jared Friedman perhaps in your market 60 days seems excessive.  My market is a fly to market and is typically booked 9-12 months in advance. Last-minute reservations (Anything under 3 months) are very rare.  How fare in advance do you typically book your family vacations to Hawaii?  60 days is the market standard as a result.  I am not sure you read my post completely.  I lost $5,000+ by virtue of the banks taking the money out of my checking account, by virtue of a chargeback.  The money was there one day, then gone the next.  

I am glad $5,000+ isn't enough of an incentive for you to dispute and fight for.  I will fight for that amount every day of the week.