VACATION RENTAL
AGREEMENT
THIS IS A
VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA 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
Real Estate Agency: Scott Geisler (owner, rental
agent)
(“Agent”)
Address: 19803 Gulf Blvd., #501,
Indian Shores, FL 33785
Telephone: (727)
743-7990 Fax: (727)
517-7569 Email: ScottGeisler@hotmail.com
Tenant:
___________________________________________________________________________________
(“Tenant”)
Address:
_______________________________________________________________________
Telephone: __________________
Fax: _______________ E-mail:
__________________
Agent, as agent of the owner, hereby rents to Tenant, and Tenant hereby
rents from Agent, the vacation property described below
(referred to hereafter as the "Premises") on the terms contained
in this Agreement.
1. Premises. City of
_____________________________ County of
________________________________
Name of Premises: Cozy
Cabin
Street Address:
Confirmation #:
______________________________ Other Description:
__________________________
2. Term.
BEGINS: _____________________________ ENDS:
______________________________________
(insert
dates and times).
3. Rent. Tenant agrees to pay rent for the Premises in the amount of $
___________ in accordance with paragraph 4 below.
4.
Financial Terms.
Description:
Amount: Due:
Description:
Amount: Due:
Advance Rent
$
Security Deposit $
Rent Balance
$
Other Fees: $
Reservation Fee $
Trip
Interruption Insurance* $
Taxes:** $
___________________
TOTAL: $ ___________
*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.
**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.
Tenant Initials
Agent Initials
6. Security Deposit. 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 WADE YEAKLE, P.A. TRUST ACCOUNT,
located at 540 4th Street North, St. Petersburg, FL
33701-2302.
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 $35.00 if the
Premises are re-rented on the terms set forth herein. If the
Premises are not rerented 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 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 ITom 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.
Tenant
Initials
Agent Initials
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.
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.
16. Other Terms and Conditions.
1.
Maximum Occupancy 8 persons. Tenant agrees that property will
not be used or occupied by more than the maximum allowable number of
occupants set forth in agreement - this includes tenant, tenant's
family (including all children) and tenant's guests. Overloading the
cabin will result in expedited eviction. ALL RENTALS ARE TO
FAMILIES AND RESPONSIBLE ADULTS ONLY. No high school, college
or civic groups, chaperoned or not, are permitted. Violation is
grounds for immediate termination. Properties are patrolled on a
regular basis. Tenant acknowledges that he/she will personally
occupy the property for the entire lease period and will not sublet
any portion of the property. Occupancy restricted to the maximum
occupancy as set forth in this lease. Violation of any of these
terms shall give right to termination
2.
No campers, mobile homes or tents. No campfires.
3.
No pets are allowed in any rental units. Detection of a pet
will result in an expedited eviction and a $75 extermination fee
will be deducted from tenant's security deposit.
4.
Smoking is NOT allowed
in any rental units. If smoking is detected upon inspection of unit
after tenancy a $100 fee will be deducted from Tenant's Security
Deposit to pay for ionization/air purification of the unit. If
cigarettes or cigars are found around the unit a fee of $25/hour
will be deducted from Tenant's Security Deposit to pay for removal
of such debris.
5.
House parties are strictly prohibited. Any complaints filed
with the police department against tenant will result in expedited
eviction.
6.
After hour's lockout calls to locksmith and expenses occurred
are tenant's responsibility.
7.
Grilling is only permitted in units that provide grills.
Propane refills are tenant's responsibility. Grill must be cleaned
and ashes disposed of properly to avoid an additional cleaning fee
of $10
8.
No use of property for any
reason or purpose that violates any criminal law or government
regulation.
17. Maintenance
of Unit by Tenant
Tenant is to maintain
the property in accordance with Section 42A-32 of the Vacation
Rental Act, including, but not limited to, the following:
1.
Keep that part of the property which tenant occupies and uses
as safe and clean as the conditions of the property permit and cause
no unsafe or unsanitary conditions in the common areas and remainder
of the property that tenant uses.
2.
Dispose of all ashes, rubbish, garbage, and other waste as
directed in the unit. Under no circumstances is trash to be left on
porches, decks, or any other exterior location.
3.
Keep all plumbing fixtures in property or used by tenant as
clean as their condition permits.
4.
Not deliberately or negligently destroy, deface, damage or
remove any part of the property or render inoperable a smoke
detector provided by the landlord or knowingly permit any person to
do so.
5.
Comply with all obligations imposed upon tenant by current
applicable building and housing codes.
6.
Be responsible for all damage, defacement, or removal of any
property that is in tenant's exclusive control unless the damage,
defacement or removal was due to ordinary wear and tear, acts of the
landlord or his agent, defective products supplied or repairs
authorized by the landlord, acts of third parties not invitees of
the tenant, or natural forces.
7.
Notify the landlord in writing of the need or replacement of
or repairs to a smoke detector, and replace the batteries as needed
during tenancy.
18. Addenda. Any addenda to this Agreement are described in the
following space and attached hereto:
Tenant agrees that Tenant has received and read any such addenda, and
that they shall constitute an integral part of this Agreement.
THE NORTH CAROLINA ASSOCIATION OF REALTORS@, INC. MAKES NO
REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION
OF THIS FORM IN ANY SPECIFIC TRANSACTION.
USE OF THIS FORM IS NOT INTENDED TO IDENTIFY THE USER AS A REALTOR@.
TENANT:
___________________________________________________
DATE: __________________
AGENT:
___________________________________________________
DATE: __________________
STANDARD FORM
411- T @ 7/2002
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