I Lost My Small Claims Court Case:

I Lost My Small Claims Court Case:

Rental Property Investor · Campbell, CA · Member since 2017 · 419 posts · 499 votes

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.  

4Reply
99 views

Most Popular Reply

Member since 2019 · 6 posts · 13 votes
6y

That's so frustrating. 

That's California for you, I guess.

See this reply in the discussion

43 Replies

Jump to latestLatest
  • Member since 2019 · 6 posts · 13 votes
    6y

    That's so frustrating. 

    That's California for you, I guess.

  • Avery CarlBusiness Member
    Real Estate Agent · USA · Member since 2016 · 909 posts · 1k+ votes
    6y

    Wow! Is that even legal to not enforce something legally out of a matter of conscience? 

  • Collin HaysBusiness Member
    Property Manager · Gatlinburg, TN · Member since 2020 · 3k+ posts · 4k+ votes
    6y

    You got hosed on that.  You got a judge who likes to play God instead of make rulings.  Too bad.

  • Luke CarlPro Member
    Rental Property Investor · Tennessee Florida · Member since 2016 · 4k+ posts · 5k+ votes
    6y

    @Mike V. Total b.s. can’t believe you took it that far good for you.

  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    6y

    I have seen so many judges who don't follow what the law says and go with what they feel.

    I have a case being appealed  dealing with a tax deed because a judge didn't follow the law.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    6y

    well I think judges have to be elected and of course probably wide leeway for covid stuff ???

  • Rental Property Investor · Campbell, CA · Member since 2017 · 419 posts · 499 votes
    6y

    @Luke Carl I only took it this far because I’ve won every chargeback dispute I received except this one. The only reason why I lost this dispute is because she lied to the credit card company and told them I specifically told her I would issue a refund, then didn’t.

    I showed this documentation to the judge and the judge agreed it was under false pretenses.

    Since she lived nearby, I figured it was worth my time in attempting to recover the funds.

    I understand it’s within the judges powers to do what was done, but I am having a hard time understanding why. I can only assume that the defendant was sympathetic (she was a grandma- didn’t know at the time) and basically kept saying she didn’t know this, she didn’t know that, etc.

    It just hurt when she said I’ve proven my case and she actually said I was ‘100% correct’ but decided against me anyways. It feels like the law doesn’t mean what it used to...

  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    6y

    That's a rough one. 

  • Member since 2016 · 79 posts · 134 votes
    6y

    Can you pay for the insurance as an incentive and self-protection? Just curious.

  • Rental Property Investor · Campbell, CA · Member since 2017 · 419 posts · 499 votes
    6y

    @Billy Zhao I believe it is not legal to purchase insurance on behalf of someone else.

  • Investor · Greenville, SC · Member since 2015 · 1k+ posts · 1k+ votes
    6y

    So much for the rule of law.  That is what activists judges are doing to this country unfortunately.  Sorry to hear that man.

  • Rental Property Investor · Portland, OR · Member since 2017 · 92 posts · 80 votes
    6y

    That's total BS! I guess no contracts will be enforceable in that courtroom.

  • Houston, TX · Member since 2017 · 38 posts · 19 votes
    6y

    @Mike V. Welcome to Small Claims Court

  • San Fernando, CA · Member since 2016 · 25 posts · 9 votes
    6y

    @Mike V.

    Wow...... how disappointing...and you should be mad at the ruling...I’m mad for you !

  • Member since 2016 · 79 posts · 134 votes
    6y

    @Mike V. What about offer the tenant an incentive to buy insurance (like you buy insurance I give you a voucher to the zipline part or nice steak dinner? People do respond to freebies and discount codes etc. 

    Also, I am not a corporate lawyer here but I've heard enough about contract law that I think our notion of "rule of law" is totally flawed. In other words, contracts are meant to be broken and broken willfully all the time. Our president is the master of that.

  • Real Estate Agent · Santa Barbara, CA · Member since 2016 · 518 posts · 283 votes
    6y

    @Mike V. I have a very similar situation that happened to me it’s the worst to lose when the judge agrees your legally right.

  • Member since 2019 · 1k+ posts · 1k+ votes
    6y

    @Mike V.

    I’m no Scientologist but,... I’m guessing small claims judges are maybe one step above traffic court “judges” (who here aren’t an actual judge and don’t even have law degrees but like to play one on tv).

  • Investor · Studio City, CA · Member since 2016 · 38 posts · 54 votes
    6y

    If they gave notice several weeks ahead of time why didn’t you just put it back on the vrbo and rent it to someone else? 60 day notice seems to be rather unnecessary. I can see maybe if they gave you a few days or a week notice then definitely fight them on it but if someone gave me “weeks” notice why not just move along and rent it to someone else? How did you lose $5000+? If you never earned and put the $5000 in your pocket then it’s not a loss. You just never “earned” that money. Life is too short to go to court over these things. Cut your losses and move on.

  • Rental Property Investor · Campbell, CA · Member since 2017 · 419 posts · 499 votes
    6y

    @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.  

  • Rental Property Investor · Stewartsville, NJ · Member since 2016 · 418 posts · 280 votes
    6y

    Can you appeal it?

  • Rental Property Investor · Campbell, CA · Member since 2017 · 419 posts · 499 votes
    6y

    @Mike Shemp no. In California, only the defendant can appeal a small claims court decision. I have zero recourse and the decision is final.

  • Rental Property Investor · Beavercreek OH · Member since 2018 · 422 posts · 970 votes
    6y
    Originally posted by @Jared Friedman:

    If they gave notice several weeks ahead of time why didn’t you just put it back on the vrbo and rent it to someone else? 60 day notice seems to be rather unnecessary. I can see maybe if they gave you a few days or a week notice then definitely fight them on it but if someone gave me “weeks” notice why not just move along and rent it to someone else? How did you lose $5000+? If you never earned and put the $5000 in your pocket then it’s not a loss. You just never “earned” that money. Life is too short to go to court over these things. Cut your losses and move on.

    You're kidding, right?

    Sure, why not just let everyone abdicate their responsibility and pay for it all yourself. Life sure would seem a lot longer then.

  • Investor · Studio City, CA · Member since 2016 · 38 posts · 54 votes
    6y

    @Mike V. Your post didn’t mention how you lost $5k so I was assuming it was the lost rent. If it was a chargeback that’s definitely sucks. We actually vacation on Maui every summer (except this year since all of Hawaii is pretty much closed due to covid). Ive never known any hotel that has more than a 5 day cancellation policy, give or take. I don’t know if most Airbnb or Vrbo’s are much different but In my view 60 day cancellation is still pretty excessive. Sorry for your loss though....

  • Rental Property Investor · Beavercreek OH · Member since 2018 · 422 posts · 970 votes
    6y
    Originally posted by @Mike V.:

    @Mike Shemp no. In California, only the defendant can appeal a small claims court decision. I have zero recourse and the decision is final.

     Sounds about right for California. One way street for the deadbeats.  How can this possibly be legal? Defendant may appeal but Plaintiff can't? Wow.

    Maybe complain to the CA bar. Send a transcript of the judges reasoning and then ignoring it.  Maybe making her life a bit more complicated may make you feel a bit better and guide her to use legal theory not emotions in the future.

  • Dan H.Pro Member
    Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
    6y

    A little different situation but with similarities.

    A car pulls out in front of me when I have the right of way.  I cannot stop in time and I T-bone the car. The driver seems a bit unscrupulous so I want to call the police to get a police report.  The driver offers to write up a note admitting fault and describing what happened.  Seem like I have covered my a$$.

    Fast forward, the driver changes his story to I changed lanes to hit him (why would I do that?).  I indicate I have a signed note in driver's handwriting where driver indicates it is his fault.  Driver's insurance has me fax a copy of the note to them.  I am told driver's insurance is not taking fault.  Their insured has a description of events that does not match the note and the insurance is not going to rule against their insured (why would they in this case as it costs them more money).  The other driver's insurance had to be fairly sure that their driver was not telling the truth, but it served them no purpose to behave on that belief.  I had full coverage so my insurance could have battled with the other insurer but it was not worth it to them.  I got charged my deductible and got points on my record.  

    I should have went with my gut and waited for the police to arrive and create a report.  That was the lesson learned.

    I am sorry that you lost a case that it appears you legally should have won.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.