Do I have a solid small claim for a refund from a vacation rental agency who rented out a property that is in violation of code?

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Do I have a solid small claim for a refund from a vacation rental agency who rented out a property that is in violation of code?

I rented a house for 3 days. In the contract, it states, “All rental monies are non-refundable an that renter agrees to waive all rights against owner in the event of any and all liabilities for any reasons. Renter will not hold owner liable while staying at the above property”. 1st night of stay, we experienced major issues: refrigerator not cold enough to prevent food from spoiling, A/C did not work properly upstairs, ants all over the kitchen, mold under the sinks (possible leakage), the “5th BR” was actually a laundry room, and bed bugs bites.

Asked on July 31, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, you would have had a better right to a refund of the vacation rental if you did not even stay a night at the unit based upon the alleged problems that you have written about.

I would write the owner of the property and ask for some semblance of a refund based upon the problems you experienced. If you do not get the result you want, your option is perhaps small claims court.


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