SAMPLE VACATION RENTAL AGREEMENT
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTHCAROLINA VACATION RENTAL ACT. THE RIGHTS AND
OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE
PROVISIONS PERMITTING
THE
DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION
OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT,
OR
PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND
YOUR
INTENT TO USE THIS PROPERTY AS A VACATION RENTAL.
1.
Premises. (Description of individual
house entered here).
2.
Term. (Description of dates and
times entered here).
3.
Rent. Tenant agrees to pay
rent for the Premises
in accordance
with
paragraph 4 below.
4.
Financial Terms. (Description of individual rental entered here)
*If trip interruption insurance is
not desired, deduct cost from Total
above and initial here: .
NOTE: Tenant's decision with respect to the purchase of trip
interruption insurance will affect Tenant's right in the event of a mandatory evacuation.
See
Paragraph 12 below.
**Initial here to decline non-refundable Damage Waiver
and elect to pay
refundable Security Deposit:
***Tax rates are calculated
as of the
time
of
this Agreement. Tenant
shall be
responsible for payment
of
all applicable taxes according to rates in effect at
the time
of occupancy.
5. Disbursement of Rent and Third Party Fees. Tenant authorizes Agent to disburse up to fifty percent (50%) of the rent set forth in paragraph 3 above to the owner (or as the owner directs) prior to Tenant's occupancy of the Premises, and the balance of the rent upon
the
commencement of the tenancy, a material breach of this Agreement by Tenant, or as otherwise permitted under the Vacation Rental Act. Tenant agrees to pay a $25.00 processing fee for any check of Tenant that may be returned by the financial institution due to insufficient funds or because Tenant did not have an account at the financial institution. Tenant also authorizes Agent to disburse prior to Tenant's occupancy of the Premises any
fees owed to third parties to pay for any
goods, services, or benefits procured by
Agent for the benefit of Tenant, including but not limited to any fees set forth herein payable to Agent for reservation, Transfer or cancellation of Tenant's tenancy.
6. Security Deposit Protector/Security Deposit. Karichele is now offering a non-refundable Security
Deposit Protector which protects you from accidental damage to leased premises
or contents during your stay. The cost
of the Security Deposit Protector has been included in your Agreement. A brief description of the Security Deposit
Protector is included in your Lease Agreement. PLEASE READ IT CAREFULLY. Should
you elect not to purchase the Security Deposit Protector, please initial the
Agreement where indicated and subtract the amount from your 2nd
payment. You may elect to take either the non-refundable Security Deposit
Protector or pay the refundable Security Deposit applicable to the property you
are leasing. Any security deposit provided for in paragraph 4 above may be applied to actual damages caused by Tenant as
permitted under the Tenant Security Deposit Act. In addition, Agent may deduct from the security deposit the amount of any unpaid
long distance or per call telephone charges and cable television charges that are not specifically described in this Agreement (including
any addendum hereto) as being included with the Premises. Agent shall apply, account for, or refund Tenant's security deposit within
45 days following the end of the
tenancy.
7. Trust Account. Any
advance payment made by
Tenant shall be deposited in a trust account with
Bank of Currituck located
at
Moyock, NC . Tenant agrees that any advance payment may be deposited in an interest-bearing trust account and that any interest thereon shall
accrue for the benefit of, and shall be paid to, the owner (or as the owner directs) as it accrues and as often as is permitted by the
terms of the
account.
8. Tenant Duties. Tenant agrees to comply with all obligations imposed by the Vacation Rental Act on Tenant with respect to maintenance of the Premises, including but not limited to keeping the Premises as clean and safe as the conditions of the Premises permit
and causing
no unsafe or unsanitary conditions in the common areas and remainder of the Premises that Tenant uses; and notifying Agent in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy. Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation.
Tenant's breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Tenant's tenancy.
9.
Agent Duties. Agent agrees to provide the Premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, Agent cannot provide the Premises in a fit and habitable condition or substitute a reasonably
comparable property
in such condition, Agent shall refund to Tenant all payments made by Tenant. Agent shall conduct all brokerage activities in regard to this Agreement without
respect to the race, color, religion, sex,
national
origin,
handicap or familial
status
of any tenant.
10.
Cancellation. In the event of a cancellation by Tenant,
Tenant shall receive a refund of all payments
made by Tenant, less an administrative fee of $75.00 if the premises are re-rented on
the terms set forth herein. If the Premises are not re-rented on the terms set
forth herein, Tenant will not be entitled to a refund of any rent payment made
hereunder. Whether or not the Premises are not re-rented, Tenant, rather than
Agent, shall be responsible for seeking reimbursement of any fees paid by
Tenant to Agent for goods, services or benefits procured by Agent from third
parties for the benefit of Tenant that may have been paid out prior to Tenant’s
cancellation.
11.
Transfer
of
Premises. (1) If
the owner voluntarily transfers the Premises, Tenant has
the right to enforce
this Agreement against
the grantee
of the Premises if Tenant's occupancy under this Agreement is to end 180 days or less after the grantee's interest in the Premises is recorded. If Tenant's occupancy is to end more than 180 days after such recordation, Tenant has no right to enforce the terms
of this Agreement unless the grantee agrees in writing to honor this Agreement. If the grantee does not honor this Agreement,
Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already
lawfully
disbursed). Within 10 days after transfer of the Premises, the grantee or the grantee's agent is required
to: (i) notify Tenant in writing
of the transfer of the Premises, the grantee's
name and address, and
the date the grantee's interest was recorded;
and (ii) advise Tenant whether Tenant has the right to occupy the Premises subject to the terms of this Agreement
or receive a refund
of any payments made by Tenant. (2)
Upon termination of the owner's interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, owner's agent, or real estate agent is required
to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the owner's successor-in-interest within 30 days, and notify Tenant by mail of such transfer and of the transferee's name and address. However, if Tenant's occupancy under this Agreement is to end more
than 180 days after recordation of the
interest of the owner's successor-in-interest in the Premises, and the successor-in-interest has not agreed to honor this Agreement, all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) must be transferred
to Tenant within 30 days.
(3) If the owner's interest in the Premises is involuntarily transferred prior to Tenant's occupancy
of the Premises, the owner is required to refund to Tenant all advance rent paid by Tenant (and
other
fees owed to third parties not already lawfully disbursed) within
60 days after the transfer.
12. Mandatory Evacuation. If State or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that Tenant is
unable to occupy the Premises because of the order. However, Tenant will not be entitled to a refund if, prior to taking possession of
the
Premises: (i) Tenant refused insurance offered by Agent that would have compensated Tenant for losses or damages resulting from
loss
of use
of the
Premises due
to a mandatory evacuation
order, or (ii)
Tenant
purchased such insurance
from
Agent. ** To protect your investment, Karichele Realty recommends
that you purchase the optional travel/lodging protection
plan, provided by Travel Guard, Inc. and for your convenience we have included
the fee for the protection plan in the total amount due within 10 days. The plan covers certain unexpected illness,
injuries, and other unforeseen reasons for trip interruption and/or cancellation. Once your reservation has been made, you
will receive a brochure explaining in detail all circumstances covered. Cost for coverage for a trip of 0-180 days
is 6.9% of base rental amount plus taxes and processing fee (rates subject to
change). No coverage is available
unless payment has been made for this plan.
Coverage begins the day after Karichele receives your payment for this
plan, which is included in your initial payment. Note: If you choose not to accept the insurance,
simply initial the space provided on lease agreement and strike through and
deduct travel insurance amount from deposit due. Travel insurance can only
be declined within the 10 days following receipt of the lease. Payment is made to Travel Guard, Inc. when
deposit is received by Karichele Realty, and, therefore cannot be refunded after that point even if the reservation is
cancelled. Karichele Realty encourages
taking the travel insurance for protection against unforeseen circumstances
and/or hurricane evacuation, as no
refunds will be made by Karichele Realty.
13.
Expedited Eviction.
If the
tenancy created hereunder
is for 30 days or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply. Tenant may be evicted under such procedures if Tenant: (i) holds over in possession after Tenant's
tenancy has expired; (ii) commits a material breach of any provision of
this
Agreement (including any addendum
hereto) that according
to its terms would result in the termination of Tenant's tenancy; (iii) fails
to pay rent as required by this Agreement; or (iv) has obtained
possession of the Premises by fraud
or misrepresentation.
14.
Indemnification and
Hold
Harmless; Right
of Entry;
Assignment. Tenant agrees to indemnify
and hold harmless Agent and the owner from and against any liability for personal injury or property damage sustained by any person (including Tenant's guests) as a result of any cause, unless caused by the negligent or willful act of Agent or the owner, or the failure of Agent or the owner to comply
with the Vacation Rental Act. Tenant agrees that Agent, the owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as Agent or owner may deem appropriate, or to show the Premises
to prospective purchasers or tenants. Tenant shall not assign this Agreement
or sublet the Premises in whole
or part without
written permission
of Agent.
15. Pets. Unless otherwise specifically permitted in this Agreement (including any addendum hereto), no pets shall be allowed on the Premises. Tenant's
breach of this provision
shall be considered
material, and shall result in
the termination of
Tenant's tenancy. ** Pet fees are $100 plus applicable tax
unless otherwise stated in individual house description.
16. Other Terms and Conditions
A. PROPERTY RULES AND REGULATIONS: 1)
CHECK-IN/CHECK-OUT: Check-in time will
be 4 PM on the day of arrival at the office of Karichele Realty, however, we
reserve the right to extend the check-in time to 6 PM, if necessary, to allow
extra time for cleaning or maintenance. No
keys will be given out prior to 4 PM unless you have previously made
arrangements for an early check-in.
A limited number of early check-ins (1 PM) are available upon approved
request. The fee for early check-in is
$50 plus tax. This fee applies whether or not you arrive by the designated
time. Certain services and maintenance
items may not be completed prior to early check-in (pools & spas,
bed-making, etc.) and will be completed during the afternoon. Early check-in is not available at all times
in all properties and must be requested and approved by the Karichele office.
If for some reason you will be arriving after 6 PM, please call us. ALL
CHECK-INS (with NO balances due) AFTER 6 PM WILL HAVE KEYS AND DIRECTIONS LEFT
FOR THEM IN THE DROP BOX AT THE FRONT DOOR OF THE OFFICE. ALL RESERVATIONS MUST BE PAID IN FULL PRIOR
TO CHECK-IN. Check-out on the day of
departure will be no later than 10 AM.
Any departure after 10 AM is subject to a charge equal to one day’s
rent. Tenant must return all keys to
the Karichele Realty office on check-out day.
There will be a $10 deduction from Tenant’s security deposit for any key
not returned. Home must be left in
satisfactory condition as described below in order to secure a full refund of
security deposit. 2) OCCUPANCY: Each home listing includes a statement of maximum
occupancy (babies in cribs are not included).
Maximum occupancy must be strictly adhered to. All rentals are to family groups only, no sororities, fraternities
or other non-family groups are permitted without the express
permission of the homeowner or Karichele Realty. Leaseholder must be at least 24
years of age and able to provide a valid driver’s license upon
request. Leaseholder must be in occupancy at all times during the period of the
lease. IF ANY HOME IS FOUND TO EXCEED THE MAXIMUM OCCUPANCY OR FAMILY GROUP
RESTRICTIONS OR TENANT FAILS TO COMPLY WITH ANY LAWS OR REGULATIONS, TENANT
WILL BE EVICTED WITHOUT REFUND. 3) ACCOMMODATIONS: a) All homes are individually owned and furnished to the taste of
the owner. Each home is equipped with basic housekeeping items such as pots,
pans, dishes, glasses and flatware.
Tenants must provide their own bed linens (unless otherwise noted in
property description), towels, food items, paper and cleaning products. Every effort has been made to list extras
included in homes; however, Karichele Realty is not responsible for changes made
by owners or errors in printing. b) Any damages to the home or its
contents during occupancy are the responsibility of the Tenant and must be
immediately reported to Karichele Realty and paid for prior to departure. TENANT
AGREES TO LEAVE THE HOME IN AS GOOD OR BETTER CONDITION AS WHEN FOUND.
B. CANCELLATIONS/TRANSFERS/REFUNDS: 1) A fee of $75 will be charged if you
cancel or transfer your reservation.
All cancellations or transfers must be made in writing to Karichele
Realty. In the event of a transfer/cancellation,
Karichele Realty will make every effort to re-rent the property. If the cancelled or transferred period
cannot be re-rented, all monies less the security deposit shall be forfeited
unless covered by the travel protection insurance. 2) Karichele Realty
will not be responsible for cancellations due to non-completion of a
property. All monies paid prior to the
cancellation will be refunded and the contract cancelled with no liability to
tenant or Karichele Realty. 3) By entering into a contract to rent
a property, you have legally obligated yourself to that property for the
specified period of time. Without
exception, Karichele Realty will not compensate, relocate, or otherwise
relinquish your contractual obligation due to maintenance issues/problems or
your personal aversion to a property.
Karichele Realty will not be held responsible for noise or loss of view
due to construction and NO REFUND will be made. 4) TV’s, VCR’s,
stereos, and other entertainment equipment are provided by many owners as
extras. In the event of malfunction or
breakdown, every effort will be made to expedite repair, but Karichele Realty
does not guarantee repair or replacement and NO REFUNDS will be made. This NO REFUND policy will also apply to
A/C, pool, hot tub, or any other household equipment due to mechanical failure,
power outage, Cable, TV or Satellite service breakdown. However, if you incur difficulty with any
equipment, please notify us immediately. 5)
Karichele Realty will not be held liable for circumstances beyond our
control including
inclement weather, evacuation due to hurricanes, flooding, or other natural
disasters, and NO REFUND will be made.
Travel protection insurance is offered (a travel insurance brochure is
enclosed with this Reservation Confirmation and Lease Agreement) and has been
made a part of your reservation. To
decline this coverage, you must cross through the amount; deduct the cost from
the total and initial in the space provided.
17. Addenda. Any addenda to
this
Agreement are described
in the
following
space and attached hereto: Any
addenda to this Agreement
are
described in the following space
and attached hereto: A) Each confirmed reservation is subject to a $50 (plus tax)
reservation fee. This non-refundable
fee is due with your first payment and will be retained by Karichele Realty,
even if the reservation is cancelled. Signed Reservation Confirmation and Lease
Agreement along with your deposit (1/2 of the gross rent plus Reservation Fee
and optional Travel Insurance) must be received by Karichele Realty within 10
days of date on contract. Tenant
agrees that Tenant
has received
and read any
such addenda, and that they
shall
constitute an
integral
part of this Agreement. B) The
balance due, including all taxes (which are subject to change), fees and
security deposit must be received by Karichele Realty thirty (30) days prior to
check-in and/or occupancy of the premises. Karichele
does not send a reminder of your second payment so be sure to mark this on your
calendar. Allow five (5) days for
mailing. IF BALANCE IS NOT RECEIVED
THIRTY (30) DAYS PRIOR TO CHECK-IN, RESERVATION WILL BE CANCELLED. C) Payment may be in the form of
personal check, money order, bank wire transfer, certified or cashier’s check.
If you prefer, you may also pay by Mastercard or Visa. For this convenience,
you will be charged a $39.95 non-refundable convenience fee. Security deposits
can not be charged to your credit card. You will need to send a check for the
appropriate amount of your security deposit. D) For reservations made less than 30 days from check-in, all
monies are due immediately. NO PERSONAL
CHECKS OR COMPANY CHECKS WILL BE ACCEPTED WITHIN THE 30 DAY PERIOD PRIOR TO
CHECK- IN. E) PHONES: For your convenience and safety, all homes
are equipped with telephones. Unlimited
local calls may be made at no charge.
Any long distance calls must be charged to your home phone or credit
card. THERE WILL BE A ONE TIME $25
SERVICE CHARGE TO TENANT, IN ADDITION TO ANY LONG DISTANCE TOLLS, FOR ANY CALLS
BILLED TO THE RENTAL PHONE. F)
4-WHEEL DRIVE: Homes designated as accessible by 4 wheel drive only require a
high clearance 4 wheel drive vehicle such as Ford Explorer, Jeep, etc. If you are unclear regarding your vehicle,
please call the Karichele Realty office for further information prior to
signing this agreement. KARICHELE
REALTY IS NOT RESPONSIBLE FOR TRANSPORTING TENANTS TO OR FROM 4 WHEEL DRIVE
HOMES. KARICHELE REALTY WILL NOT PAY
ANY TOWING BILLS INCURRED BY TENANTS. G)
WATER: Although the water in our homes is safe for drinking, color, taste and
odor may vary. Due to the size of wells
water pressure is low. Tenant may wish to purchase bottled water for drinking,
at tenant’s expense. Every effort has
been made to insure the best water quality possible, however these conditions
are beyond the control of Karichele Realty or the homeowner and no refunds will be made. H) POOL & SPA (HOT TUB) RULES:
Tenant in any home equipped with a pool/hot tub must agree to the following
rules. 1) Amenities are to be used at your own risk. In the event of emergency dial 911. 2) No diving, running or reckless play allowed. 3) No swimming alone. Do not leave children unattended; they must
be supervised at all times. 4) Pets are
not allowed in pools or hot tubs at any time.
5) Keep all gates and closures closed at all times. 6) No glass containers are to be used in or
around pools or hot tubs. 7) Please
shower before using pool or hot tub to alleviate sand and body oil
problems. 8) Do not add any chemicals
or other agents to pool or spa. 9) Pool
equipment is to be used for its intended purpose only. 10)
Do not tamper with any equipment such as pool pump, etc. 11) Hot tub covers are the responsibility of
the tenant, they should be on the tub and strapped down when tub is not in
use. 12) Pools and hot tubs are cleaned
on turn-over day, chemicals and chlorination are monitored regularly for your
safety. Pools are open May 6th to October 13th and
corresponding rates apply – this is not an option. Hot Tubs incur an additional
$100+tax ($120+tax for 4x4 homes) charge for use in the months of December to
April. 13) Occasionally, pools and hot tubs may experience a mild ground
current which can feel like a tingle or small shock. Generally this is not a
pool/hot tub defect or the rental house electrical system, but appears as a
result of the earth’s own natural current. Please be advised that this may
affect the operation of pacemakers and other devices. I) GRILLING, BEACH FIRES AND FIREWORKS: Grilling on any decks,
porches, or close to any portion of the home is prohibited by local fire
ordinance. Beach fires are not
permitted. Most fireworks are illegal
on the Outer Banks, and all fireworks are banned from use on our properties. J) JURISDICTION: This Agreement shall
be governed by and interpreted in accordance with the law of the State of North
Carolina and be treated as though it were executed in the County of Currituck.
Any action relating to this Agreement shall only be instituted and prosecuted in
courts in North Carolina. Tenant Consents to such jurisdiction and to
extraterritorial service of process.
Tenant agrees that Tenant has
received and
read
any such
addenda, and that they shall constitute
an integral part
of this Agreement.
