Staying on top of public health guidelines and state and local travel restrictions has become a necessity during the pandemic. Short-term rental property owners have had ample time to prepare for these changes by surviving a summer vacation season that felt more like the off-season. New challenges emerge, however, as COVID-19 surges and restrictions ebb and flow, with no end in sight. There will be an end, but we don’t know exactly when. Here’s how you should prepare to weather the ups and downs of the short-term and vacation rental market by keeping your short-term rentals in compliance.
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1. Stay on top of COVID restrictions being imposed by state and local governments.
Following state and local guidelines won’t completely erase your potential liability, but it is an important step. Courts often consider whether or not reasonable measures were taken to prevent harm when assessing property owner liability for injuries. Ignoring a guideline could leave you exposed to liability if you are sued. It’s important to research the state and local guidelines for your area, but here are some examples of restrictions and guidelines you might expect.
California – Statewide
- Only rent unoccupied units. Renting rooms or spaces within an occupied residence is not allowed until otherwise notified.
- If possible, offer self or remote check-in and check-out procedures and set check-in and check-out times.
- Allow for 24 to 72 hours between reservations for thorough cleaning and disinfecting.
Florida – Miami-Dade County
- Guests, homeowners, and property managers must comply with Miami-Dade county social distancing and facial covering guidelines. Gatherings are restricted to no more than ten individuals.
- CDC resources must be provided to any guest staying on the property.
- All guests must be provided with local COVID-19 guidance.
- There should be two days between stays to allow for enhanced cleaning procedures.
Massachusetts – Statewide
- Face coverings required for all workers and guests when inside hallways and common areas. Individuals with a medical condition or disability or exempted.
- Contactless payment methods are encouraged.
- Consider leaving units vacant for 24 hours for deep cleaning, disinfection, and clean air circulation.
2. Reconsider your cancellation policies.
Rental property owners can expect additional cancelations as conditions change in both their local area and their guests’ home area. In addition, guests may cancel because they have been personally impacted by COVID-19.
Any cancelation policy is a mix of customer service and contract law. If you’re too restrictive, you could lose repeat business or receive negative reviews. Your cancelation policy needs to be in writing to be enforceable. Further, local regulations or a platform you use as an intermediary may place limits on cancelation policies.
Consider adding the following to your cancelation policy:
- Amount of notice required.
- Method of contact.
- Whether there is only a partial refund or service charge.
- Whether you require medical documentation or some other documentation.
- Whether it depends on government orders or the current reopening phase.
If you do have a last-minute cancelation, consider whether a rental intermediary can help you fill it and at what rate. However, even with cancelations, you will likely come out better financially than if you were shut down completely.
3. Apply best practices for cleaning and sanitizing your short-term rentals using COVID guidelines.
You will want to do a deeper clean and sanitation of all surfaces than you may have done in the past. For example, you may want to use a disinfectant on a couch that you may have only vacuumed or spot cleaned in the past. If you don’t use a cleaning company, you might want to consider using one now. Some states and counties have offered helpful information on cleaning standards, including how much time should be allowed between stays to accommodate a more thorough cleaning and disinfecting of units. Check your local government websites for guidance.
From a legal standpoint, you don’t want to make guarantees about your cleaning. If you tell a guest you eliminated COVID-19 and they get sick while staying with you, they might sue you based on that promise.
4. Work with your property manager and housekeeping personnel to ensure compliance with guidelines and regulations.
Your property manager and housekeeping workers 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 have quick access to things like enhanced cleaning tools and services. Exactly what they will do should be defined in your Property Manager Agreement, which may require updating if you signed it before the pandemic.
You should also understand that you as the property owner are generally legally liable for anything that happens. If your contract with your property manager doesn’t include them having an attorney review your COVID-19 compliance plans, you should consider hiring your own attorney.To learn more, visit the Rocket Lawyer COVID Legal Center or consult with a Rocket Lawyer On Call® attorney for fast and affordable legal advice.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.