Following statewide (US) quarantine requests

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I have a vacation rental that was supposed to begin this rental season in Cape Cod, Massachusetts, USA. Obviously, I have not put this listing online, and do not feel it is safe to do so. I assume this rental season is kaput, and since it was to be my first season, I’m just swallowing that and hoping we’ll be out of the pandemic by next season.

However, I have a family member who is entitled, due to a will issue, to spend several weeks in my home rent-free. Her first stay is to be two-weeks long, in late May. We obviously don’t want her to come (from NYC) because we feel she would be a danger with regard to spreading the virus.

Massachusetts currently has a request from the governor that anyone entering from one of the other United States should self-quarantine at home for 14 days (the entirety of this relative’s stay). I do not believe she would follow this request, but it is unfortunately not a law, just a governor’s edict.

Is anyone in a state with quarantine requests negotiating this? Is there any way for us to force her to comply with the state order if she comes? We are prepared to tell her she cannot use her time here at all and buy her out of her weeks to keep the community safe, but she’s resistant to a buyout offer that we can afford. I’d like some advice from people who are running rentals as to how they’re negotiating quarantine orders that aren’t law with regard to tenants.

For context: Our agreement states that we would buy her out for market rental rate. At this time, obviously market rental rate is zero dollars, as we can’t rent the place and neither can our neighbors rent theirs (ethically). However, we have found similar listings in our area for $200-250/night prior to the pandemic at this time of year, which is what we’ve offered. She’s asking for $1,000/night, which is not what the house is worth, nor is it what we can pay.

tl;dr: I have a tenant who has a legal right to rent my home for free, and am not sure it’s ethical to do so, due to the pandemic. How do I convince her, if she comes, to follow quarantine laws and not infect my community?

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It seems like you have no choice but to let her come use her time. I would let her know the govt requirements and be done with it. You cannot police stupid.

Edit to add, if you really do not want her there you could put the furniture in storage,… turn off the internet and cable…

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Definitely do not buy her out of her 2-week reservation with money that you can’t replace from a real reservation.

I say if it’s legal for her to come, let her come. Wait at least 5 days after she leaves to enter the house to clean and prep it again.

Edit to add: If she is sick, there is always a risk of infecting others in your community, but I would assume that risk is still low due to the stay-at-home and social distancing rules in your community.

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Our county has a 14-day quarantine period and a number to call to report compliance, or non-compliance. I don’t know if it is law, and I don’t care, and I have been telling people that they cannot stay at my home during this timeframe. If you are unable to push her to be sensical in that way, and if you have a number like my county does, I would tell her that she can use her weeks but will be reported and expect to comply. A hint, if you will (with the subtlety of a frying pan up-side the head) that she will have a more enjoyable vacation at a reasonable time.

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@Mallory It sounds like this rental with the family member has to do with a will/trust situation and so it is not technically a STR per Mass law/edict/whatever. Let her go and stay but inform the local authorities of her plans as that is what most communities on the Cape are requesting. You could let her know ahead of time that you will be reporting, if you’d like and if she finds it too troublesome, you could have her sign-away her rights to the rental for this season :wink: You surely shouldn’t pay her for it, regardless.

BTW, my state nearby has the same 14-day quarantine requirement and it is obligatory that we report anyone from out of state so as to their quarantine be confirmed. Our governor is sending out National Guard to check on such folks who aren’t cooperative. Sounds like your family member is just begging for such supervision.

I’ve spent a bit of time in will and trust situations and am pretty sure that as long as you don’t keep her from her stay you will be in the clear. Since she is not paying you, you should be in the clear with Mass as long as you report her stay.

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Why can’t you just agree with her to come later in the year. @Mallory

In the UK it is now illegal to use second homes or travel for vacations (which this is) so she would be liable for a fine/police warning.

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I have a rental in the Boston area. I am only renting to essential workers and requiring that they provide documentation. For guests that booked less than 14 days from out of state, if they extend the quarantine beyond May 1 or 4th (which I expect that they will) I will notify my guests that they can not stay unless they extend and I will included the letter from the State that I received. PM me with your email address and I can send a copy of you haven’t gotten it. And if you haven’t gotten it it’s because you haven’t registered your listing with the state which you are required to do now. I do think the other member’s idea about coming later makes there most sense.

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Talk to someone at the Board of Health for the town in which it is located and be frank. Someone there might be willing to issue her a letter or speak with her. Even though it is not a law, a little official contact sometimes has more impact than a relative.

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The fact that she’s holding you up for $1,000 a night tells me a lot about your family and the person who left the trust.

Don’t give her a dime. If the will/trust states “current market value of the rental” and right now that’s $0.00, which means her greed of $1,000 a night is absurd and emotional blackmail.

Why she wants to come to the Cape when everything is shut down is beyond me. She can’t go to the beach, only takeout or delivery from a handful of restaurants…

Let her come. Tell her you’ll inform the local authorities as that is part of the edict on The Cape. Make it all very neutural.

“Dear So-and-So, While we understand that the Trust states you may have use of The Cape House for 2 weeks per year (insert dates), we urge you to sign off your rights for this year due to the following reasons: At this time STRs and vacationers are strongly encouraged to stay away, by edict of the Governor of MA and local Cape authorities. Under this edict, anyone coming to The Cape during this time is told to self-isolate for 14 days. Local authorities have asked to be notified if people from out of town come to stay. Should you come, we will notify the proper authorities. As I’m sure you’re aware, the beaches and parks are closed, most restaurants and bars are closed, only a small number are providing meals to go. Resources at the local stores are limited as well. We hope you’ll reconsider and sign off on this year’s vacation. Hopefully this virus will run its course as people observe social distancing and no-travel restrictions. We look forward to opening the house to visitors in 2021. Regards, …”

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And add that all utilities have been turned off, including wifi, to manage the costs

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I’m glad you’re on my side!! :rofl:

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PS - she’s not renting your home unless she’s actually paying to stay there and it seems that’s not the case. She’s legally entitled to stay in the home for X number of weeks per year, per a Trust issue in a will. Which is tantamount to her having a fractional ownership of a second home without the burden of having to pay for any of the expenses in running said home. Which may not be entirely legal, so I’d chat with a lawyer about getting her booted unless she pays.

Please do add that all utilities have been shut down to save expenses except for the bare minimum needed to keep the house in one piece. She can’t force you to turn on cable, for instance, if you don’t want to.

You also can’t be in charge of someone else’s bad behavior or failure to follow sensible health guidelines. She’s probably sick of being cooped up in NYC and even bare bones Cape Cod would be a pleasant change of scene.

Don’t make it/take it personally. It’s business. Annoying business, but just a business transaction.

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Can you look into your county’s rules a bit further? Perhaps there is something that would cover this situation. The county I am in in not allowing anyone to come to rental homes, even owners, and anyone coming to a property has to be staying 60+ days. Sure, people can skirt the rules and it’s doubtful anyone would get caught, but it’s being discouraged. I would look further into the restrictions and see if you can find a loophole, if not, I think you’re going to have to let her do as she pleases - there may not be a “good” time for her to come for quite a while so it’s hard to buy her out and assume she won’t just choose the next week or month. if someone wanted to come here, I’d pull up the county documentation and tell them it’s not possible. Not even the person on the home’s title is technically “supposed” to travel here from elsewhere.