Introduction
If you’re trying to cancel your timeshare, one of the most common — and frustrating — questions is: “Do I still have to pay maintenance fees while the cancellation process is ongoing?”
The short answer is usually yes — but the full answer depends on your contract, your cancellation stage, and the approach you’re taking to exit.
Let’s break down what you need to know so you can avoid unexpected costs and legal headaches.
1. What Are Timeshare Maintenance Fees?
Maintenance fees are annual or monthly charges set by your resort or timeshare company. They cover:
- Property upkeep (repairs, landscaping, cleaning)
- Utilities and facility costs
- Administrative expenses
- Reserve funds for future repairs
These fees increase over time, often outpacing inflation, which is one reason many owners seek cancellation.
2. Are You Required to Pay During Cancellation?
a) During the Rescission Period (New Purchase)
If you’ve just purchased your timeshare and are within your rescission period (the legal cooling-off period to cancel — typically 3–14 days depending on your state/country), you do not need to pay maintenance fees.
Your contract will be voided without financial obligation once the cancellation is processed.
b) Standard Cancellation (After Rescission Period)
If you’re outside the rescission window, you’re still under contract until the cancellation is officially approved.
That means:
- You are generally required to keep paying maintenance fees until the resort releases you in writing.
- Stopping payments too early can lead to late fees, collection calls, and damage to your credit score.
c) Voluntary Surrender or Deed Back
Some timeshare companies have a deed-back program where you return the timeshare voluntarily.
- If accepted, your maintenance fees usually stop after the final transfer date.
- Until that date, you are still responsible for payments.
d) Legal or Third-Party Exit Services
If you hire a timeshare exit company or attorney, they will often recommend you keep paying maintenance fees until your case is resolved — unless advised otherwise in writing.
3. Risks of Not Paying Maintenance Fees While Cancelling
- Credit Damage: Non-payment can be reported to credit bureaus.
- Debt Collection: Resorts can send your account to collections.
- Lawsuits: In rare cases, they can pursue legal action.
- Longer Cancellation: Disputes over unpaid fees can delay your exit.
4. How to Reduce or Avoid Maintenance Fees During Cancellation
- Ask About Fee Waivers: Some resorts may waive fees if you’re elderly, ill, or facing hardship.
- Negotiate in Writing: Get written confirmation of when payments will stop.
- Transfer Ownership Quickly: The sooner the title transfers, the sooner fees stop.
- Use a Licensed Professional: They can negotiate timelines and terms more effectively.
Conclusion
In most cases, you must keep paying maintenance fees until your timeshare cancellation is officially finalized.
Skipping payments before your contract ends can cost you more in the long run — in legal fees, credit damage, and stress.
If you’re unsure of your rights, consult a licensed timeshare attorney or reputable cancellation company.