Annoying issue - but what are my rights? (1 Viewer)

[Sleestak]

Hi all. I have an OBX beach house rental question I wanted to run by the board.

Our vacation rental was scheduled to start tomorrow (May 6). I just got a call today from the rental company stating that the elevator isn't functional, and potentially won't be for the entire duration of our 2-week stay. This is a deal-breaker, since my wife can't get up and down stairs.

The rental agency is trying to offer other available homes that match our amenity needs (elevator, dog friendly, pool). They have found a few homes, but I don't care for them. We really want the house we rented, and not a substitute. It has to do with location. The house we wanted is basically at the end of the world (last street in Salvo) with few neighbors and the houses very far apart. Whereas the substitutes are all in more typical neighborhoods where the houses are close together. We wanted peace and quiet, both on the beach and off it, in other words, and were paying handsomely for it.

I have asked for a refund. They do not want to do that - they want to find me another house. Any thoughts on what my rights are? Typical beach rental agreement via a rental company. I mean, I rented THAT house, and THAT's the one I want. If it isn't in working order due to the elevator issue, can they hold me to this?

 

[jobarules]

Did you sign a rental agreement? It should say in there.

 

[Sleestak]

Yeah, I think this is where they got me:
"Therefore, dishwashers, microwaves, washers, dryers, TV’s, VCR’s, DVD’s, Blu-Ray players, stereos, wireless internet, Bluetooth, air conditioners, hot tubs, swimming pools, elevators, luggage lifts and other non-essential items cannot be guaranteed to be operational. Realty Company Name, upon notice by Tenant, will make every effort to have such items repaired as quickly as possible. Replacements are not provided. There will be no refunds or discounts for such non-operational amenities."

What a bummer. We have to have a house with a working elevator, so I guess I need to look at the replacement homes they have offered and see which one we like best.

 

[fruity pebbles]

Make the best of it and don’t let it ruin your vacation. Once you get there, I wouldn’t mention it again.

 

[jobarules]

Yeah, I think this is where they got me:
"Therefore, dishwashers, microwaves, washers, dryers, TV’s, VCR’s, DVD’s, Blu-Ray players, stereos, wireless internet, Bluetooth, air conditioners, hot tubs, swimming pools, elevators, luggage lifts and other non-essential items cannot be guaranteed to be operational. Realty Company Name, upon notice by Tenant, will make every effort to have such items repaired as quickly as possible. Replacements are not provided. There will be no refunds or discounts for such non-operational amenities."

What a bummer. We have to have a house with a working elevator, so I guess I need to look at the replacement homes they have offered and see which one we like best.

OBX is very spacious. Even if they are "crowded" blocks you probably will barely see your neighbors

 

[Drunken Cowboy]

Yeah, I think this is where they got me:
"Therefore, dishwashers, microwaves, washers, dryers, TV’s, VCR’s, DVD’s, Blu-Ray players, stereos, wireless internet, Bluetooth, air conditioners, hot tubs, swimming pools, elevators, luggage lifts and other non-essential items cannot be guaranteed to be operational. Realty Company Name, upon notice by Tenant, will make every effort to have such items repaired as quickly as possible. Replacements are not provided. There will be no refunds or discounts for such non-operational amenities."

What a bummer. We have to have a house with a working elevator, so I guess I need to look at the replacement homes they have offered and see which one we like best.

OBX is very spacious. Even if they are "crowded" blocks you probably will barely see your neighbors

Early in May you should have no crowd issues anywhere south of Nags Head

 

[Sleestak]

Yeah, I think this is where they got me:
"Therefore, dishwashers, microwaves, washers, dryers, TV’s, VCR’s, DVD’s, Blu-Ray players, stereos, wireless internet, Bluetooth, air conditioners, hot tubs, swimming pools, elevators, luggage lifts and other non-essential items cannot be guaranteed to be operational. Realty Company Name, upon notice by Tenant, will make every effort to have such items repaired as quickly as possible. Replacements are not provided. There will be no refunds or discounts for such non-operational amenities."

What a bummer. We have to have a house with a working elevator, so I guess I need to look at the replacement homes they have offered and see which one we like best.

OBX is very spacious. Even if they are "crowded" blocks you probably will barely see your neighbors

Thanks Joba and Fruity.

One thing I think I'll do is throw the dogs in the car, drive the mile down the road, park at the original house, and walk to the beach from there. It is so sweet there - you get on the beach, and to the right is NOTHING for a dozen miles. That's why I wanted that house. I won't park in its driveway, but I can park in the turnaround.

 

[Sleestak]

Yeah, I think this is where they got me:
"Therefore, dishwashers, microwaves, washers, dryers, TV’s, VCR’s, DVD’s, Blu-Ray players, stereos, wireless internet, Bluetooth, air conditioners, hot tubs, swimming pools, elevators, luggage lifts and other non-essential items cannot be guaranteed to be operational. Realty Company Name, upon notice by Tenant, will make every effort to have such items repaired as quickly as possible. Replacements are not provided. There will be no refunds or discounts for such non-operational amenities."

What a bummer. We have to have a house with a working elevator, so I guess I need to look at the replacement homes they have offered and see which one we like best.

OBX is very spacious. Even if they are "crowded" blocks you probably will barely see your neighbors

Early in May you should have no crowd issues anywhere south of Nags Head

Concur - and we have been down there a lot in the off or shoulder season - but we are geezer types who REALLY want solitude. And the houses all seem to be rented...

 

[jobarules]

Yeah, I think this is where they got me:
"Therefore, dishwashers, microwaves, washers, dryers, TV’s, VCR’s, DVD’s, Blu-Ray players, stereos, wireless internet, Bluetooth, air conditioners, hot tubs, swimming pools, elevators, luggage lifts and other non-essential items cannot be guaranteed to be operational. Realty Company Name, upon notice by Tenant, will make every effort to have such items repaired as quickly as possible. Replacements are not provided. There will be no refunds or discounts for such non-operational amenities."

What a bummer. We have to have a house with a working elevator, so I guess I need to look at the replacement homes they have offered and see which one we like best.

OBX is very spacious. Even if they are "crowded" blocks you probably will barely see your neighbors

Early in May you should have no crowd issues anywhere south of Nags Head

Concur - and we have been down there a lot in the off or shoulder season - but we are geezer types who REALLY want solitude. And the houses all seem to be rented...

Enjoy

I love OBX. Im jealous

 

[John123]

You might have a case that an elevator IS essential to YOU. IANAL though

 

[Sleestak]

You might have a case that an elevator IS essential to YOU. IANAL though

They are very careful in their rental agreement language. The Elevator is an "amenity". They caveat the presence of an elevator - their presence does not guarantee a handicapped-friendly home.

 

[PIK95]

You might have a case that an elevator IS essential to YOU. IANAL though

They are very careful in their rental agreement language. The Elevator is an "amenity". They caveat the presence of an elevator - their presence does not guarantee a handicapped-friendly home.

My guess it's like the elevator in Big Bang. Been broke for years, and they ain't fixing it ever.

 

[STEADYMOBBIN 22]

I’m sorry. That stinks.

 

[Sleestak]

Things are working out very well. They will refund the 1st week (which begins tomorrow May 6). They will keep me posted on the elevator repair status during the week, and how it bears on the 2nd week.

They at first were trying for an "everybody wins" outcome, with us in alternate accommodations. But once we told them we didn't really care for the alternatives, they didn't push it. By the language of the rental agreement I think they could have done whatever they wanted with my money.

I'm glad I kept my cool. It was just so jarring, finding out the day before the long drive down. My wife and I are no longer young, so we don't roll with it like we used to. They were really quite understanding, kind, apologetic, and helpful.

 

[Sand]

Things are working out very well. They will refund the 1st week (which begins tomorrow May 6). They will keep me posted on the elevator repair status during the week, and how it bears on the 2nd week.

They at first were trying for an "everybody wins" outcome, with us in alternate accommodations. But once we told them we didn't really care for the alternatives, they didn't push it. By the language of the rental agreement I think they could have done whatever they wanted with my money.

I'm glad I kept my cool. It was just so jarring, finding out the day before the long drive down. My wife and I are no longer young, so we don't roll with it like we used to. They were really quite understanding, kind, apologetic, and helpful.

I'm glad it's working out. I don't think the law would really jibe with an elevator being an amenity. Seems like something you could throw the ADA at them and they'd back down. Luckily it doesn't look like you need to go this route.

 

[the moops]

The elevator industry in NC has gone to **** since Cherie Berry retired.

This seems like such a weirdly specific complaint. Tell us more. Are you in the elevator industry or something? i am very curious

 

[Mitchie]

Yeah, I think this is where they got me:
"Therefore, dishwashers, microwaves, washers, dryers, TV’s, VCR’s, DVD’s, Blu-Ray players, stereos, wireless internet, Bluetooth, air conditioners, hot tubs, swimming pools, elevators, luggage lifts and other non-essential items cannot be guaranteed to be operational. Realty Company Name, upon notice by Tenant, will make every effort to have such items repaired as quickly as possible. Replacements are not provided. There will be no refunds or discounts for such non-operational amenities."

What a bummer. We have to have a house with a working elevator, so I guess I need to look at the replacement homes they have offered and see which one we like best.

I am not a lawyer but the elevator is an essential item for your wife who is impaired. You're not getting the experience that you paid for because the house you rented is no longer handicap accessible. At a minimum I would b*tch about it and ask for a discount.

ETA: Should've read through the whole thread first. Glad it worked out, they did the right thing.

 

[rockaction]

Huge caveat that I'm not an ADA lawyer and you should check with one -- and nobody should really be giving advice unless they are ADA or rental lawyers and can recognize this fact pattern for both rentals and the ADA -- but I was going to say that it sounds like what Sand said. The ADA was a hugely all-encompassing, broad bill and has been read that way by judges. Keep in mind that you cannot contract your way around public policy. So no matter what you sign, if it runs afoul of the ADA, you should have recourse.

But it sounds like you worked it out. Good work.

 

[AAABatteries]

Update?

 

[jobarules]

Things are working out very well. They will refund the 1st week (which begins tomorrow May 6). They will keep me posted on the elevator repair status during the week, and how it bears on the 2nd week.

They at first were trying for an "everybody wins" outcome, with us in alternate accommodations. But once we told them we didn't really care for the alternatives, they didn't push it. By the language of the rental agreement I think they could have done whatever they wanted with my money.

I'm glad I kept my cool. It was just so jarring, finding out the day before the long drive down. My wife and I are no longer young, so we don't roll with it like we used to. They were really quite understanding, kind, apologetic, and helpful.

Sounds like a great rental company!