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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