To the Editor:
Let’s talk about the story that hasn’t been getting any coverage. The hospitals, the SSA, Charlie Baker and all of the Island residents are “urging” M.V. vacationers to stay home. I get that. But does anyone really think that “urging” people who have invested thousands of dollars in a vacation is going to have the desired effect?
I, myself, made my first lease payment of $4,200 on December 12th 2019 and my second payment of $4,200.00 is due April 22nd. I plan on making that second payment and, if it is not against the law to go, we’re going. June 21st through July 12th. The tsunami is coming. Unless real steps are taken to stop it. No one seems to want to define and ban all non-essential travel to the Islands because that would include vacationers. That would cause the real estate rental companies to be required to refund those short-term lease payments and that would just be unacceptable. Am I right?
Steven Osolin
Ashburnham, MA

Not sure which viewpoint this is meant to support. On one hand, the writer is claiming there will be a tsunami. On the other, he doesn’t seem to take issue with being a willing part of that problem. I wish the government would officially step in and agree that urging isn’t enough. But I also wish all adults would take responsibility for their own choices and consider whether travel and vacationing are safe right now. Do we need the government to hold our hands before we can be practical about a pandemic? It appears that way, but it’s ridiculous. There have been all sorts of government failures throughout this, and I assume there will be more, but even the best government couldn’t be with each of us, every moment, making sure we’re thinking of community welfare when making decisions.
Be part of the solution voluntarily.
Steve, you nailed it. Keeping the ban voluntary prevents the mandatory refund of deposits. We can probably scare/shame a good percentage of the vacationers, and give the rest the truncated Vineyard experience. It’s a numbers game.
‘keeping the ban voluntary prevents the mandatory refund of deposits’.
I think that’s the hitch. If you want to encourage people to stay at home, don’t make it cost them two weeks rent. Make refunds available to those who want to cancel, and provide strict (island-wide, vs. town by town) guides for public behavior.
‘shame’ is not really good for the island or for tourism, and giving people reasonable options will do a better job of helping them make healthy choices than stinkeye.
You have $8,400.00 to spend on a vacation and you are complaining??? Shame on you! The real estate company should refund your money but that is not really the point. To you, selfishly, your fancy vacation is more important than my 86 year old mothers life or anyone else’s life who doesn’t matter to you. We are a small community. We have a very small hospital. But lord, we wouldn’t want you to be inconvenienced. Who exactly are you mad at anyhow?
I quiet season will hurt us, a lot, but if people come with your attitude it will kill us.
Why are you mad at him? Why aren’t you mad at the island property owner that won’t refund his $8,400? If you’re such a paragon of virtue, filled with concern for your fellow islanders, then why don’t you give him the $8,400 so he can just stay home? Isn’t your mom’s well being worth it? If not, then shame on you.
I don’t believe he’s asked to have it refunded. He stated that unless he’s told he can’t come that he is coming.
Perhaps it isn’t explicitly stated, but it is reasonable to infer that a refund is not an option based upon the last three sentences of the letter. The overall tone is not one of a defiant vacationer determined to come at any cost, but rather it is pointing out the limited options currently afforded to renters who are already out of pocket. And, in response, he’s been told that he is shameful for actually holding up his end of his contract, that his $8,400 in damages is modest, and that he is not very smart for not walking away from his deposit. I think he has a valid point (assuming I’m interpreting his letter correctly). If we’re not going to ban short term rentals, then we can’t expect renters to voluntarily walk away from thousands in deposits. We certainly should not be shaming and insulting renters in a public forum for adhering to the terms of one-sided rental agreements.
Bluefish, he didn’t say anything about trying to get a refund and being denied. If he wanted to cancel his vacation, that’s the first step to take — contact the rental company or owner and see what the options are. I don’t think someone would bother to write to the paper about this topic without doing the bare minimum to get his money back. And if he did that and was told he couldn’t have it, don’t you think he would’ve said so outright? Instead, he is saying he plans to give them more money. People obviously handle things differently, but if I didn’t want to travel due to a pandemic, I’d take my losses rather than double them.
Yes, that makes perfect sense. Instead of risking 4200.00 risk 8400.00……
It’s a question of loss avoidance, and it does make perfect sense. These agreements usually give the landlord the option to retain some or all of the deposit if the final payment is not made and/or the renter cancels. Usually, the landlord would refund the bulk of the funds if he can rent the property to someone else for the term in question, which is unlikely in this case. So the initial deposit is at absolute risk if the second payment is not made. Landlords may be less inclined to refund this season due to a larger number of expected cancellations. So – if he makes his final payment, then he either gets what he paid for, or Baker extends the moratorium on short term rentals for another month. If that happens, then he probably is entitled to a full refund under the clause that governs the landlords failure to provide the property. This assumes that the landlord actually has the ability to make a refund, which becomes less likely the longer this goes on. This subjects him to another source of risk. So he really only has two options, and it’s entirely reasonable for him to conclude that making the full payment is less risky.
The answer is simple, if you are so paranoid about your’s and your mother’s health then the both of you should STAY AT HOME this summer. In case you have forgotten we are a tourism based “seasonal” economy! People’s livelihoods are at stake here. Without our hospitality businesses and the thousands of jobs they provide the island’s economy would be crippled. We need our island leaders to protect this vital industry. Let’s save our summer while we still have time!!
People’s livelihoods are at stake all over the world right now. That argument holds no water.
In case you have forgotten this virus is spread person to person.
We need our island leaders to protect Islanders from death.
Thanks for explaining. I see what you’re saying, bluefish. The homeowners I know who rent out their properties hold the funds in a separate account until renters arrive, in case a refund is needed, but I’m sure everyone handles these things differently. I do think renters should be entitled to cancel and get their money back, given what’s going on. Much as I hate to say it when so many vacation towns depend on the summer months to make a living, I just can’t see travel working out this year, for anyone. I think it will lead to the second wave of illness being worse than the first.
People renting their homes is an essential part of the whole picture. Many people could not afford to live in these houses for 10-11 months if they could not rent them in the season to pay for the mortgage or the property taxes. Sad to say that if the majority of summer renters canceled, or stayed away, we would be in deep trouble.
The housing market, the banks, the real estate business, and all the businesses that rely on the influx of summer people would implode. It was always hard to get reliable summer help for your business on the island, NOW it is going to be much, much worse if that can be imagined.
Please pray for this to be over so some of us can still survive the summer to come.
The person who wrote this letter said he has only paid $4,200 of the $8,400 so far. I think he can get a refund, given the circumstances. He hasn’t tried because his family is still planning to vacation on MV. So far, I haven’t heard of anyone being refused a refund.
When things get tight you will.
Bird in the hand.
Sorry, I meant to reply directly to bluefishofhappiness’s comment.
If people are in rental homes I don’t see the risk – if need they can “social distance” in a rental home as well as anywhere else. Maybe the state will requires masks, etc. so that will further reduce the risk to natives.
Here’s the risk: someone who is aymptomatic or pre-symptomatice comes to the rental home. Leaves the virus behind for the next tenant. Will new standards be implemented for disinfecting turnovers? (Which is more than cleaning). Will the cleaning crew wear personal protective gear and change between houses and/or rooms? If the renter becomes ill, but not sick enough to be hospitalized, will they be allowed to stay on in their rental for the six weeks it takes to get well and non-infectious? In both rental housing and worker housing there are often 2-4 people per bedroom. Tell me again how they will social distance — or isolate — if one of them gets sick. Sorry, there is plenty of risk.
Good points, juleann. There is also the risk of emergency workers and the hospital being overwhelmed if too many travelers get sick at once. More people at the grocery stores means a bigger strain on those resources, when stores are already unsure they can keep up with demand. Plus, stores will be more crowded. And then there’s the boat. I think that would become the biggest hot spot.
Masks are already required in shopping areas by town order in Tisbury.
As I do every day (no kidding) I will pray. I can’t, however, lean on miracles.
Steven, let’s talk about it. You’re going to pay almost 10,000 to come to an island where everything from restaurants to town beaches to movie theaters to shopping may be closed — and to responsibly “stay home” while you’re here, and not leave your vacation home except to go food shopping and to get gas? Sure, come on by, if that’s the vacation you paid for and desire. You don’t sound very smart to part with that second half of your money just now and you don’t seem to understand much about bans except on essential travel and the mechanics of putting those in place. The real estate market may not hemorrhage, but don’t hold your breath. Your rental is extremely modest, if you want to part with your money, that’s your business.
I have been thinking, so If you rent your home. Your house cleaners clean it for turn over weeks. What if-a renter comes down with or is a carrier? Is it really possible to disinfect a home when a turnover day has a family move in sometimes 4-5 hours after the other renter leaves?
No. The virus lives for up to three days on some surfaces and will happily hitch a ride with the new renters.
Cleaners are not considered essential services.
They are if you want to rent your property.
I think this gentleman is being prudent; the island may be considerably more open by summertime.A discussion with the rental agent is appropriate to insure refunds if this shutdown continues..personally, I had a villa on the Italian coast rented for late June. Last week the rental co sent out an email stating they were no longer in business. The owner of the villa had not received the 50% deposit. The rental company will not refund. Phones are off, site closed down. These things bring out the best and worst in so many…
Having come to the island for a decade now, in spans from a few days to a whole month, I understand the instinct to protect the island from irresponsible vacationers who may bring their illness to the island. But the solution is more nuanced than ‘tell everyone to stay home’, since the economy of the island literally depends on those same vacationers to be loose with their money.
Many homes on Martha’s are perfect for isolation, and with the proper precautions, the island can likely support a healthy, if subdued summer season while establishing public guidelines that are easy to follow. Make refunds available to those who want them, and provide safe ways for them to take the ferry back and forth (I’m not claiming that’s easy, just doable). Some bars will need to stay closed, and some people will stay home, but if the season is cancelled wholesale, the pubic healthcare nightmare will be followed by a financial catastrophe that could destroy the fragile island economy.
For our part, we’re planning to return in September, when summer crowds will be gone and the weather is still warm. If we think our visit will endanger ourselves or the island, we’ll postpone, but we know we’re part of a healthy ecosystem that includes the homeowner we’ve been renting from for the last 5 years, the restaurants we visit, and the memories we bring back.
Stay safe!
I think it’s hilarious that you think bars and restaurants will be open by and large — and you know little about real estate when you speak of “refunds” to renters, don’t expect one. I love it, “some bars will need to stay closed”. They have to open before they close, sir. You tell us if that’s going to happen, apparently.
A whole month at a time?
You must know the Island very well.
And the intricacies of it’s economy.
Steve: being a year-rounder since the 70’s, I totally appreciate your desire to visit and support the island.
Who knows, the unusual quiet – especially at night – might actually enhance your vacation this year.
I trust that folks like yourself will bring masks, and take all appropriate precautions. (In an ideal world, travelers will have the option of being tested by then!) Regardless, you must realize that the daily routine won’t include much “going into town”… and zero “out on the town”. Be aware also that there could even be restrictions on your movements. As autocrats keep sticking their noses into everybody’s business, I won’t be shocked if island “officials” require ankle bracelets by the time June rolls around.
Think that sounds crazy? Knowing that officials have dictated precisely how many minutes one is permitted to view a sunset in Menemsha?
Be forewarned. The way things are going, don’t bank on town hall even allowing your lawn to get mowed this summer. Seriously, right now they prohibit spraying for ticks(!) and prevent workers doing anything, from spring cleanups to filling potholes. No you can’t rehab that outdoor shower, because… panic.
Let’s just hope that draconian edicts won’t affect your vacation.
Perhaps the best advice is to bring as many provisions as you can, Steve… along with plenty of board games, DVDs, and jigsaw puzzles. Allow me to recommend William Golding’s Lord of the Flies, for a timely summer read.
Oldguy, I hope when there is a mass exodus off the island just before the SSA shutdown, you have a place to go that will welcome you. You think it’s bad to have to limit to how long you park? Imagine how you’ll feel when there is no food to buy on the island. Suggesting civil disobedience gatherings, as Trump is tweeting along with his nonsense about “liberate” the states with democratic governors, is hardly a sign of honorable citizenship. It’s irresponsible in these times when people should work together and not be selfish me-me-me piggies. You and others may be surprised at how few wish to come to the island. It also may be surprising to Islanders when a shutdown, hotspot NYC starts to look preferable to Martha’s Vineyard because they have food there and we don’t here.
Allow me to make one more recommendation to your reading list. “La Peste,” (The Plague) by Albert Camus. Read it for college a long time ago. It’s a short book and an eloquent read in English and French. I am sure you could find it online, for free, as a pdf. In all earnestness, it’s a beautiful read.
I think we’ll have a lot more clarity around what lies ahead once we get closer to the end of May. New developments are taking place each and every day. Most all energies to date has been rightly focused on containing the virus and flattening the curve. Once we pass the peak and things begin to turn the corner, I am confident that there will be more energy focused on solutions to bring us through the next phase and into the upcoming summer season. Now is a good time for everyone to stay calm and focused on solutions that will help us to effectively balance our public health and safety and our long-term economic recovery goals.
My family has been coming to the Vineyard for 40 years. It’s a very special place for us. In the next few weeks we will be paying the second half of our summer rental fee but we will not be coming. You don’t want us on the Island this summer. It’s bad for your health and for mine too.
I have called and emailed our Real Estate Agent to cancel our stay and request a refund, but the silence has been deafening. Since I signed a contract I will fulfill my financial obligation but we will not be in the house.
Think of what tens of thousands of renters will bring this summer. Will the restaurants be open? Perhaps, but with limited seating to maintain social distancing. What will Stop and Shop look like being limited to 40% capacity and 100,000 people needing food? Will you be able to maintain social distancing waiting to get in?
Will the beaches be open? Maybe for walking, but likely not for putting down chairs and blankets. What happens if I get sick? A handful of doctors for 100,000 people. No thanks. Or what happens if I get a contact trace call and am told to quarantine in place for 14 days? What happens to the next renter? How is the house deep cleaned between renters? Difficult questions with no easy answers.
I am sensitive to the fact that many Islanders and second-home owners depend on summer people for significant income. But do you really want rental homes turning over every 7 days? Governor Baker needs to make the tough call and limit ferry traffic to people who own property on the Island until the pandemic is under control. Anything else is madness.
Bob, great comment. Thanks for being a voice of reason. This is all sensible and responsible thinking. I hope your real estate agent will get back to you soon with a refund.
Great comment Bob.No easy answers. This is a situation none of us have any experience navigating.Good luck and stay as safe and healthy as possible.
Someone in touch with reality! Bob, thank you for considering your health and the health of the community. Please return when we are all ready to enjoy this Island as it is for you and all.
I would like to clarify one point: Real estate agents are not holding any of the rental monies nor do they have the power to issue refunds. Homeowners are paid rental monies over the course of the year, as deposits are received, and they use these funds to pay their mortgages, operating expenses and employees just like any other business. use revenues to cover expenses This pandemic is wreaking havoc on everyone, and a lot of owners who count on rental income to cover their expenses are just as vulnerable to economic losses as other businesses on this island. Let’s all show some reason and compassion for our island neighbors.
I received letter from a real estate agent handling my rental, stating that Baker has just recently issued a directive that no one can rent their property for less that 31 days, unless it is to a person(s) directly involved with the virus outbreak…meaning primarily medical personnel. This ban is effective thru May 4. Further directives will be issued after that date. If this ban continues thru the summer, then, by law, renters must have their deposits refunded. If you have a short term rental deposit for the summer and haven’t already spent it, then don’t!! If you have an agent handling your property, you should check with them.
TQ — are you sure that applies to contracts that were signed before the emergency order ? My take was that if an agreement was in place before the order, then that agreement could be honored if both parties wanted to keep it.
Donx3…here’s what I received from my rental agent…On March 31st, Governor Charlie Baker announced new restrictions on short-term rentals as it relates to the state’s ‘Stay at Home’ order. The extended stay-at-home advisory bans short-term rentals through May 4th, 2020 unless renting to essential workers, healthcare workers and first responders. The guidance expressly prohibits rentals of 31-days or less for leisure and vacation uses during that period, however at this time it does not impact leases longer than 31-days or stays after May 4, 2020 but please be aware that this date can be extended.
How this will impact your short-term rentals during the spring and summer seasons remains to be seen. The majority of vacation rentals on the Vineyard do not fall within the current stay-at-home order and therefore they remain in place. Should the order be extended, due to unforeseen circumstances beyond control in which either the landlord is unable to provide occupancy or the tenant is unable to travel to the property to take tenancy as a direct result of the coronavirus/COVID-19 pandemic, we will be required by law to cancel any leases within that time frame and refund the tenant in full. At the recommendation of the Massachusetts Association of Realtors, we will be holding future payments in a non-interest bearing escrow account until the tenant takes occupancy so as to streamline refunds should that be necessary. For more information, contact the Department of Public Health (DPH).
At this time we are handling everything on a case by case basis. We have found that the tenants we speak with remain hopeful and optimistic that they will get to spend their summer vacation on the island.
TQ — thanks for the reply. I appreciate clear and accurate information.
All short-term rentals (31 days or less) that were scheduled between March 31st and May 4th were cancelled per Governor Baker’s emergency order and in those cases, the tenants were given refunds or credits toward future stays.
What is the law that says rental deposits must be returned when the reason for the cancellation is beyond the control of the property owner?
You cannot predict what will happen in 20 days, 30 days or for the summer.
All anyone has is speculation and hysteria. Sure things will be different, but that does not mean unlivable.
I hope that the selectmen and the governor and all the health authorities help out the island
Yes, the island economy is fragile, and yes we need the summer to survive. (Just ask Dawn at Bunch of Grapes) You have to be an optimist, things always get better. From this vantage point, all that we can do is get better. It is much better to try and help each other out in any way we can than to sit and type on our computers how bad our government is. Remember we are all in this together.
Bob,
I’m not sure why you haven’t heard back from your rental agent, but I suggest that you not make any further payments until you have gotten the chance to discuss your situation. Given the circumstances, if you can contact the home owner directly, you should do so. In 20 years as a Real Estate Agent/Broker, I have found most home owners to be reasonable if not sympathetic. At this early stage a refund might not be feasible, but getting a rain check for 2021 could very well be an option. Good luck!
I really see this as two separate questions (judging by the comments). First, should the renter receive a refund from the homeowner? I assume they entered a legal contract, then something unimaginable to both happened–neither is at fault for a pandemic. But who should pay for the risk taken by both parties? It would be nice I suppose if the homeowner refunded the deposit but I don’t see why they legally should assume the risk the renter took. It’s terrible but unfortunately I believe the renter has to assume this burden.
The second question seems to focus more on ethics. Should the renter come and vacation anyway, risking possibly spreading the virus. But there seem to be far too many variables to come to a solid conclusion. What if they get tested before they come? What if they want to relax on their deck and spend time with their kids. Maybe take more isolated walks and possibly go to the beach and distance? Obviously there is no way to calculate this outcome as some renters may do this and others won’t. So then a more drastic approach would have to be envisioned. Not allowing anybody to come to the island (this includes islanders who leave the island and want to return). Maybe this is the solution but the cost would be astonishing. This would also include a ban on second home owners as they may be no different than renters with respect to spreading the virus. But if we did this, wouldn’t we have to refund their property taxes?
So many variables and no ideal solution.
MrsB-i think you hit it right on the head-some people who live here and rent out there homes for Jully and August-will not survive if they had to return deposits-they are all trying to re-rent so that the people who have cancelled so they can try to return the renters deposits- owners have fixed expense and some of the money has already been spend on taxes insurance and this year be prepared too buy an extra 40 bed pillows-at least i would. I’m sure the summer will be fine as long as everyone is careful and considerate. We still have more than 2 months to reign in the beast so that we can proceed with a normal Island summer.
As I have mentioned in previous posts, The SSA cannot restrict travelers to and from the island. If you pay for a ticket, you get on board. The state health agencies can test people but certainly not restrict anyone, unless you are obviously stricken with the virus.
There is a clause in quite a few professional contracts I believe called “Force majour” which basically means if something happens out of the parties’ control; war, hurricane, maybe pandemic. It renders the contract null and void. This is why you pay big money to a lawyer to figure these things out. It might be wise to look into it.
It doesn’t matter if the OP has $8400, $84, or $84000 to spend on HIS vacation. If he is paying to rent something that for whatever reason is unavailable to him. he deserves a refund. Shame on whatever realtor he is using who cant call him back. If the steamship authority goes under without a bailout from Massachusetts taxpayers (not just the year-rounders, upislanders or whatever the preferred nomenclature is is) are supporting that entity. All owners should be forced to offer a refund to any summer vacation who can not or does not want to come.