Example Lease
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 DISBURSEMENTS 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 FOR A VACATION RENTAL.
VACATION RENTAL AGREEMENT: In consideration of the monies received and mutual promises contained herein, the Owner of the subject property, through Seaside Vacations, Inc, his/her Agent, does hereby agree to lease and rent to Tenant the Property described herein, under the following terms and conditions of this lease agreement and the North Carolina Vacation Rental Act (N.C.G.S. Section 42A et. seq.). Seaside Vacations, Inc, as Agent for the Owner, is representing the interest of the Owner in this transaction. “Tenant” refers to the individual named on the lease, as well as any guest(s) of the Tenant in the Property during the rental period. This lease is non-transferable and not assignable. “Lease” refers to this Vacation Rental Lease Agreement. “Agent” refers to Seaside Vacations, Inc.
1. Confirmation/payment for reservation: A fully and properly executed Lease shall be returned to Agent within seven (7) days of receipt. This rental agreement shall not be binding unless and until Agent has received the fully and properly executed Lease and all payments required upon return of the Lease have cleared the bank. Advance rental payment of 50% of the total rent and the nonrefundable travel insurance, if purchased, is required within seven (7) days of reservation. Final balance payments are due 30 days prior to check-in date. Reservations made less than 30 days prior to arrival must be paid in full within three (3) days. Final payment balances must be paid in full prior to check-in or occupancy will not be permitted. Acceptable forms of payment include personal check, cashiers check, money order, electronic check or credit card. Agent reserves the right to charge a $35 handling fee for all returned checks. Personal checks are not accepted less than thirty (30) days prior to arrival date. Credit cards: Visa® and MasterCard® accepted. If payment is made by credit card, he following apply: a) name on credit card must match name on lease; b) reservation is considered immediately confirmed (subject to receipt of signed lease) upon processing of credit card. All advance payments and balances are deposited in Agent’s interest bearing trust account at Gateway Bank and Trust, Kitty Hawk, NC and all interest accrues to Agent. Agent will provide Tenant with an account of such deposit and payments upon a reasonable request from Tenant made prior to occupancy. Tenant agrees that an amount not to exceed 50% of the total rent may be disbursed to the Owner prior to occupancy. Fees owed to third parties to pay for goods, services or benefits procured for the benefit of Tenant, including administrative fees to Agent of $200 to cover the costs of processing the tenant’s reservation, transfer or cancellation, may also be disbursed prior to occupancy as allowed under N.C.G.S. Section 42A-16c), of the Vacation Rental Act. All other funds remain in the trust account and will not be disbursed until: a) commencement of tenancy; b) material breach by the Tenant; c) money is refunded to Tenant; d) funds are transferred upon termination of Owner’s interest in the Property. Taxes: a 7.75% North Carolina sales and use tax is required on all fees for goods and services charged to Tenant and a 5% Dare County or a 6% Currituck County Tax (occupancy tax) is required on all rentals in those counties. Taxes are subject to change. Tenant is responsible for any increases in either tax. Funds collected for sales or occupancy taxes shall not be disbursed from the trust account prior to termination of the tenancy or material breach of this Lease by Tenant, except for a refund to Tenant. Agent may earn a fee for goods and/or services it procures or arranges on behalf of its clients and owners.
2. Security deposits: Tenant agrees to be responsible for any damages to the furnishings and household items that result from the action/inaction of Tenant and/or his/her guests, excluding normal wear and tear. Security deposits can be applied to damages caused by the Tenant as permitted under the Tenant Security Deposit Act as set forth in Article 6 of Chapter 42 of the North Carolina General Statutes (“Tenant Security Deposit Act”). It is the responsibility of the Tenant to report any damages found or repair/maintenance needed to the Agent immediately upon arrival or upon occurrence of damage. The Security Deposit may be applied to actual damages caused by the Tenant as permitted under the Tenant Security Deposit Act. Tenant agrees to reimburse Owner for any damage and/or expenses incurred in excess of the Security Deposit, including collection costs and reasonable attorney’s fees. The Tenant Security Deposit Act and the Vacation Rental Act govern deductions from security deposits. Security deposits will be processed for return within 45 days of termination of the tenancy under this lease. Tenant can waive security deposit and instead pay a security deposit waiver fee (SDWF) in the amount of $55. Please read the attached, which details the SDWF. The SDWF covers only accidental (not willful) damages. The SDWF does not negate your responsibilities as Tenant. Damages not covered by the SDWF will be charged to Tenant’s credit card. Credit card information must be on file to secure your reservation.
3. Trip cancellation/interruption insurance: Insurance is strongly recommended to protect your travel investment, in the event that circumstances may cause cancellation or interruption of your vacation or in the event of a mandatory evacuation. A summary copy of this coverage is enclosed with your lease. Agent is paid a fee by the insurance company for policies originating through it.. As provided by North Carolina statute, if a mandatory evacuation is ordered by the appropriate state or local authorities, Tenant agrees to and shall comply with the mandatory evacuation order. Upon compliance with a mandatory evacuation order, Tenant shall not be entitled to a refund of the prorated rent for each night that Tenant was unable to occupy the Property if (i) prior to the Tenant taking possession of the Property, Tenant refused an offer of insurance that would compensate Tenant for losses of damages resulting from loss of use of the Property due to a mandatory evacuation or (ii) Tenant purchased such insurance offered. Please call Travel Guard at 888.409.7749 for more information regarding the travel insurance offered. (refer to product #008085).
4. Check-in: Please check-in at the location set forth above between 3:00 PM - 6:00 PM on your date of arrival. All units will not be ready for occupancy at 3:00 PM. Housekeeping cleans and thoroughly inspects Property prior to your arrival. Available check in time will vary. In the event that extensive repairs/cleaning is required check-in may be extended until after 6:00 PM. There will be no refund for delayed check-in due to extensive cleaning and/or repairs. Tenant not permitted on the Property (including driveway and outside shower) prior to check in.
5. Landlord and Tenant duties: Tenant shall (a) keep that part of the Property occupied by Tenant as a clean and safe as the conditions of the Property permit and cause no unsafe or unsanitary conditions in the common areas or the remainder of the Property that tenant uses;(b) dispose of all ashes, rubbish, garbage and other waste in a clean and safe manner; (c) keep all plumbing fixtures on the Property or use by Tenant as clean as their conditions permit; (d) not deliberately or negligently destroy, deface, damage, or remove any part of the Property or render inoperable the smoke detector provided by Owner or knowingly permit any person to do so; (e) comply with all obligations imposed upon the Tenant under the applicable building and housing codes; (f) be responsible for all damage, defacement, or removal of any property inside the Property that is in Tenant’s exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the Owner or Agent, defective products supplied or repaired authorized by Owner, acts of third parties not invitees of Tenant, or natural forces; notify the agent of the need for replacement or repairs to a smoke detector or replace the batteries as needed. Tenant shall not use Premises for any activity or purpose that violates any criminal law or governmental regulation. .
In the event that Owner is unable to deliver said Property to Tenant under this Lease at the time Tenancy is to begin in a fit and habitable condition or substitute a reasonably comparable property in such condition or is unable to deliver occupancy due to fire, eminent domain, foreclosure, act of nature, double booking, delay in construction or any other reason whatsoever, Tenant hereby agrees that Agent and Owner’s sole liability as a result of these conditions is the full refund of all payments made by Tenant. Agent shall make refund as promptly as allowed by law. Tenant acknowledges that in no event shall Agent or Owner be held liable for any consequential or secondary damages, including but not limited to, any expenses incurred, as a result of moving, damage, destruction or loss. If Agent is able to relocate Tenant, Tenant agrees to pay difference in rental amount. Every effort is made to ensure that the information contained in this Agreement, the Vacation Rental Brochure and our website is accurate. Tenant agrees not to hold Agent, his or her employees and associates responsible for printing or statistical errors; or owners changing listings contained therein. A North Carolina Real Estate Broker or Salesman or a Licensee of another State may own properties represented.
6. Occupancy: Properties are patrolled on a regular basis. A breach of the terms of this section or of any of the other sections of this lease shall be deemed a material breach of the agreement. a) Seaside Vacations, Inc. is authorized to rent only to family groups. Family group is defined as: parents, grandparents, children and extended family members. Tenant acknowledges that he/she is at least 25 years old and understands that he/she must personally occupy the property for the entire period. Tenant further acknowledges he/she may not rent the Property for non-family group use such as high school, college or civic groups and to do so constitutes a material breach, which is grounds for immediate eviction as set forth herein. Agent reserves the right to refund advance payment and refuse occupancy if said occupancy is determined to be detrimental to the premises. b) Maximum occupancy of the Property is two (2) persons per bedroom and may not be exceeded. Occupancy of the rental Property stated above includes children, except infants in cribs. c) We strongly encourage the use of outside showers to reduce excessive sand buildup in Property. d) Tenant agrees to help conserve energy by operating air conditioning equipment in an efficient manner and keeping all windows and doors closed. e) Locked areas for which Tenant is not provided a key (such as personal Owner storage areas) are off limits to the Tenant. Forced entry into these areas is a material breach of this Lease and Tenant will be charged for damaged or missing items. f) Every Property is equipped with furniture, kitchen appliances, pots and pans, dishes, glassware, silverware, pillows and bedspreads. Every Property is privately owned, decorated and furnished to suit the homeowners’ needs/ tastes and varies according to the age, condition and care given by individual Owners. Items such as cribs, high chairs, beach chairs, and outdoor grills are not provided in our units unless otherwise stated. There will be no refunds to a Tenant if Tenant does not like the furnishings, or lack thereof, and/or décor of the rental unit, g) $20 fee, payable to Agent, will be charged for lockouts after normal business hours to gain re-entry. h) Agent has no responsibility for items left behind by Tenant. All such items left behind will be held for a maximum of two weeks. After such time, all unclaimed articles will be delivered to a local charitable organization. Upon a request by Tenant, articles can be returned by mail C.O.D. at Tenant’s expense and charged a $15 handling fee. i) Certain beach areas of the Outer Banks are part of a beach nourishment project. Tenants may experience some inconvenience during this project. No refunds will be given. Beach erosion: ocean front homes are subject to erosion, beach area loss and missing steps. This is considered an act of God, and no refunds will be given. j) Sale of rental property: Tenant acknowledges and agrees that subject property may be listed for sale. We reserve the right to show each rental Property for sale to potential buyers. Every effort will be made to schedule the showing so as not to interrupt your vacation. j) All cars must be parked on the paved parking surfaces provided. RVs and motor homes are not permitted on premises. (m) No fireworks of whatever kind or nature, legal or illegal, shall be allowed on the Property; use of any type of fireworks on the Property is a material breach of this agreement.
7. Pets: Pets not allowed unless otherwise indicated on the front of this Lease agreement. Unauthorized pets will result in a $200 fee. Units that allow pets are limited to one (1) mature, house-trained dog (75 lb limit). Cats and other animals are strictly prohibited. A $125 plus tax non-refundable pet fee is charged. Tenants are responsible for actual damages incurred by pets. Pets are not allowed in pools, hot tubs or spas.
8. Mechanical breakdowns: Agent and/or Owner shall not be liable for circumstances beyond their control, including malfunction or breakdown of pools, hot tubs, appliances, air conditioning or other property equipment, including television sets, electronic/entertainment equipment, unfavorable weather, acts of nature, surrounding construction and associated noise, empty propane gas cylinders for fireplaces or gas grills, utility service disruption or any other situation occurring not under Agent control. There will be no refund or rebate of any of the rental fee in such circumstances. Repairs, if any, will be accomplished as soon as possible, taking into consideration service personnel workload, parts availability, and nature of repair. Agent or their representatives will have “Right of Entry” during tenancy to inspect and/or make repairs. Expenses for unnecessary service calls are the responsibility of Tenant.
9. Notice of Risks/Waiver of Liability: Property may be equipped with spa, hot tub, Jacuzzi, whirlpool, sauna and/or pool (herein called “special features”). The Tenant understands there are special risks that may be involved while using the “special features,” as well as other areas of the Property and knowingly assumes such risks In particular, but without limitation, the Tenant understands that there are potential dangers that the “special features” may present to children who are not carefully supervised, as well as the danger of any person using the “special feature” for extended periods, if a person has health risks, if a person uses the “special feature” while intoxicated, under the influence of drugs/medications or uses the “special feature” while pregnant. Tenant agrees to explain the risks of using the “special feature” to any guests he/she may have at the unit and be fully and solely responsible for any accidents his/her guests may incur. Tenant understands the risks discussed above and agrees to assume all responsibility for him/her as well as all guests for the consequences of those risks including the risk of serious physical injury or harm to person and property. Tenant agrees to waive all claims whatsoever against Owner or Agent for accidents or claims arising from use of “special feature to the extent provided by law.” Tenant agrees to indemnify Owner and/or Agent for any claims made by Tenant’s guests arising from use of “special feature.” Tenant agrees that he/she is responsible and liable and will pay Agent, upon request, for any damages that occur to the “special feature” and its support equipment through misuse and/or negligence, for example, but not limited to, walking on the hot tub cover or damaging the line, or allowing the water level to become too low or causing water overflow inside the unit. Decks and rails: Tenant understands decks and rails are not rated to handle more then the occupancy of the home. Water: many Properties operate on well water. Although the water is safe for drinking, color, odor and taste may vary. Tenant may purchase bottled water for drinking, at his/her expense.
10. Check-out: Check-out time on your scheduled departure date is 10:00 AM. Doors must be locked and keys returned to office with check-out/comment form before 10:00 AM on day of departure. No occupancy of the Property (this includes driveways and outside showers) after check out time is permitted. Tenant WILL be charged up to an additional one (1) day rental if property is occupied after check out. Property should be left the way it was found.
11. Cancellations: All cancellations must be received in writing. Tenant is responsible for verifying that Seaside Vacations, Inc. has received cancellation letter. No refund of payment on confirmed reservations until cancelled period is fully re-rented and confirmed for the same rental amount. Tenant will be responsible for any discounts extended to re-rent the property. Once re-rented, all payments (excluding trip cancellation insurance premium and $200 cancellation fee) will be refunded.
12. Transfer requests: A transfer is considered a cancellation. Owner approval is required to switch rental weeks within the same Property. A $50 transfer fee will be charged. Transfers from a higher rental rate to a lower rental rate will remain at the higher rate unless the original higher rate week is fully re-rented and confirmed.
13. Transfer of Premises. a) In the event that the ownership of the Property is voluntarily transferred prior to your occupancy, Tenant shall have the right to enforce this Agreement against the new owner of the Property if your occupancy under this Agreement is to end 180 days or less after the transfer of ownership is recorded. If your occupancy is to end more than 180 days after such recordation, Tenant shall have no right to enforce the terms of this Agreement unless the new owner agrees in writing to honor this Agreement. If the new owner does not honor this Agreement, Tenant is entitled to a refund of all advance rent paid (and other fees owed to third parties not already lawfully disbursed). No later than twenty (20) days after transfer of the Property, the new owner or Agent will: (i) notify Tenant in writing of the transfer of the Property, the new owner’s name and address, and the date the new owner’s interest was recorded; and (ii) advise Tenant of its rights to occupy the Property subject to the terms of this Lease or receive a refund of any payments made by Tenant, if and only if, the new owner does not retain Seaside Vacations, Inc. as its agent. Upon recordation of such transfer of ownership, the Owner or Agent will transfer all advance rent paid by Tenant (and other fees owed to third parties not already disbursed) to the new owner within thirty (30) days, and notify Tenant by mail of such transfer and of the new owner’s name and address. However, if your occupancy under this Agreement is to end more than 180 days after recordation of the transfer, and the new owner has not agreed to honor this Agreement, all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) will be transferred to Tenant within 30 days.
14. Expedited Eviction. A material breach of this Agreement by Tenant, which, in the sole determination of the Agent, results in damage to the Property, personal injury to Tenant or others, a breach of the peace, a nuisance to others, or a violation of criminal law or local code, shall be grounds for termination of the tenancy provided in this Lease. 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 the tenancy has expired; (ii) commits a material breach of any provision of this Lease that according to its terms would result in the termination of the tenancy; (iii) fails to pay rent as required by this Lease; or, (iv) has obtained possession of the Property by fraud or misrepresentation.
15. Severability. This Lease shall be considered severable in part and in whole, and if any provision herein is deemed or determined to be unenforceable, that portion of the Lease shall be severed and modified by a court of competent jurisdiction so as to permit enforcement of the Lease to the extent reasonable.
This Lease is to be considered as having been entered into in the county and/or city where the rental unit is located and that in the event of a dispute, parties agree that any legal action may only be instituted in the county where the rental property is located. Parties agree that: In the event of a dispute, the agreement will be interpreted in accordance with North Carolina law. Tenant cannot sublet property or assign this agreement. Upon entering the property and within 2 hours of gaining access to the property, Tenant shall inspect the property for safety hazards and shall immediately report to the Agent and identify all dangerous conditions or defects that are observed. To the extent provided by law, Tenant shall indemnify and hold harmless Owner and Agent from and against any liability for personal injury or property damage sustained by any person as a result of any cause. This agreement contains the entire agreement between the parties; there are no other representations or inducements other than those expressed herein. 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.
