Sample Lease 2008
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT (NCGS 42A). The right 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 for a vacation rental.
1. IN CONSIDERATION of the rent received and the mutual promises herein, the Owner of the subject property, through Sun Realty of Nags Head, Inc., his agent, does hereby lease and rent to Tenant that certain property described above and under the following terms and conditions.
2. THIS LEASE MUST BE SIGNED BY TENANT AND RETURNED TO AGENT WITHIN 7 DAYS OF RECEIPT. Please retain yellow copy and return white copy to Sun Realty.
3. CANCELLATION: In the event Tenant cancels his reservation of the leased property and said property is not re-rented during the entire term set out above, then all rent consideration previously tendered will be forfeited by Tenant and retained by Owner. All cancellations must be in writing. If the property is re-rented, then rent, taxes and/or security deposit consideration previously tendered by Tenant will be refunded to him, less a service fee equal of $150.00, which is withheld by Sun Realty and any insurance premiums paid plus any other reasonable costs to re-rent the property. Please note that the trip insurance premium paid are not refundable. The Tenant shall not assign this agreement or sublet the property in whole or part. All sublets must be handled directly by Sun Realty of Nags Head, Inc. (If you have purchased trip cancellation insurance at the time of making your reservation, please refer to your policy for instructions on recovering your loss due to a cancellation.)
4. TRANSFER: In the event a Tenant requests a transfer from one week to another week in the same unit during the same calendar year and the time period is available, the transfer will be allowed with a service charge of $100.00. All transfers must be made at least 30 days prior to occupancy in order to allow agent time to re-rent. A new lease agreement will be mailed reflecting the change of dates upon receipt of the service charge. Transfers can only be arranged within the original property rented and not to other properties.
5. HOUSE RULES:
A. PAYMENT OF RENTS AND ACCEPTED FORMS OF PAYMENT *NO PERSONAL CHECKS ACCEPTED AT CHECK-IN* We ask you confirm your reservation within seven days by sending an advance rent payment and any applicable trip insurance premium and, if required, security deposit. Upon receipt of your payment, a lease agreement will be forwarded to you to confirm your reservation. The white copy of the lease agreement must be returned to Sun Realty within seven days upon receipt. Reservation is subject to be cancelled if we have not received your signed lease within seven (7) days of receipt. The balance payment of your rent will be due at least 45 days prior to your check-in date. This balance of rent, taxes and fees, may be paid by personal check, check authorization by phone to our office, money order or cashiers check. Tenant acknowledges and authorizes the advance rent payment, less agent’s commission to be disbursed in advance of occupancy to the property owners individual trust account and any applicable vendors, including CSA trip insurance, following your payment. Tenant acknowledges this and releases any right for civil suit against Sun Realty for any loss. Prices quoted are based on payment sent to us by mail. A $25.00 service charge on any returned check will be added to your balance. ALL PAYMENTS ARE TO BE MADE IN U.S. FUNDS. SECURITY DEPOSITS are collected on some rental units and in some rental situations. Management reserves the right to charge a security deposit on any reservation when deemed in agent or owner’s best interest. The purpose of this security deposit is to protect the owner, property, and contents, payments of rent, etc., as well as you. Our inspector will ensure the property is left in proper order, clean and damage free. Your security deposit will be mailed back to you by check within 45 days following your departure, with any necessary deductions noted. Any applicable security deposit will be handled in accordance with NCGS.42 and 42A.
This Security Deposit to be administered in accordance with the North Carolina Tenant Security Deposit Act. Agent will deposit all funds in an interest bearing trust account with either RBC Centura Bank in Nags Head, Gateway Bank in Nags Head and/or Wachovia in Kill Devil Hills, North Carolina, with any interest payable to agent.
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SUN REALTY PLAN – We appreciate our courteous, responsible guests, and we know that paying a security deposit would mean you wouldn’t have as much cash available to spend during your vacation. In response, we have developed the Sun Realty Plan: As a reward for your care and a thank-you for renting from us, in most cases we will waive the usual security deposit requirement and also will waive the cost of repairing minor accidental damage and loss (in either case valued at less than $500) caused by otherwise careful guests during their stay in one of our homes, that is reported to us no later than check-out time. You remain responsible for the proper care of our homeowners’ property. We will not excuse deliberate damage or gross negligence; loss of property due to theft unless a police report has been filed; or damage caused by motor vehicles or watercraft. Our decision as to whether the damage appears to have been caused accidentally, and whether to waive the charges associated with the repair or loss, will be final. If you would prefer to pay a standard security deposit, we will allow you to do so, will charge all damages against that deposit (the Sun Realty Plan would not apply), and will deduct $30 from the rent—you must let us know you prefer the standard security deposit option when you send your advance rent payment.
B. CHECK-IN: Check-in time is after 4pm on the beginning date of your reservation. In order to allow sufficient time to prepare the property for your use, we ask that you do not request early occupancy. KEYS WILL NOT BE RELEASED UNTIL AFTER 4 PM. Upon your arrival, you’ll receive 2 keys and directions to your rental unit. Please call your check-in office to make arrangements for check-in after 5:00 P.M. If late arrival, keys and directions to your rental will be in our drop box in front of your check in office, provided your reservation is paid in full and we have a signed lease on file for you. NO KEYS WILL BE GIVEN UNLESS ENTIRE BALANCE DUE IS PAID IN FULL AND LEASE AGREEMENT
SIGNED. NO ONE WILL BE AVAILABLE AFTER HOURS TO RELEASE KEYS. Early check-in may be arranged in advance for an additional fee. Limited availability. Please call our office for arrangements.
C. FAMILY GROUPS ONLY. We do not rent to other than family groups (parents, grandparents, children, and extended family members vacationing in one home.) Tenant and his family will be sole occupants of property. No fraternities, high school or college student groups, unmarried young adults, or civic groups nor other non-family groups allowed. IDs must be furnished upon request. Violation of the above is grounds for immediate eviction without refund of rent paid (unless re-rented). NO EXCEPTIONS. The undersigned represent themselves to be an adult 21 years or older. We lease homes without respect to the race, color, religion, sex, national origin, handicap or familial status of any tenant.
D. PETS Most rental properties do not allow pets (registered service animals excepted). Cottages allowing pets are limited to not more than 2 house-broken domestic animals. A $100.00 fee is charged for professional flea extermination on all reservations including a pet. PETS FOUND ON PROPERTIES NOT ALLOWING PETS IS GROUNDS FOR IMMEDIATE EVICTION. To avoid eviction, please declare all pets. As a reminder, please clean up the surrounding property before check-out and take extra care to clean behind your pet, otherwise a check-out cleaning charge to you will result. Pets are not allowed in pools nor hot tubs!
E. ACCOMMODATIONS: Tenant is responsible for keeping the unit clean and safe during the entire tenancy. In addition, tenant is responsible for any and all damage to the property during his tenancy. Due to health department regulations, occupancy on homes served by septic systems is limited to two persons per bedroom, unless otherwise stated. We’ve listed the bedding arrangements in each unit only to accommodate flexible sleeping arrangements, not to represent occupancy. Please contact our office if you have any questions regarding maximum occupancy allowed in the home you are renting. In addition, parking at each property is also limited. Please do not over occupy. Please respect owners locked closets. These are not included in your rental of the property. Some cottages are designated “No Smoking”. Please respect this request to avoid compromising your vacation. All cottages and condominiums are equipped for normal housekeeping. Each unit includes an electric coffee pot, blender and toaster as basic kitchen equipment, central air/heat, dishwasher, washer/dryer, a TV, cable hookup, VCR phone, grill, deck furniture, stereo, outside shower and microwave (unless otherwise stated on our website, rental brochure or at the time of making your reservation). All beds will have mattress pads, bedspreads, blankets and pillows. YOU’LL NEED TO BRING ALL PAPER PRODUCTS, CONDIMENTS AND LINENS WITH YOU. Please call our office for linen rental information. Maid service is also available through our office at very reasonable rates. Call our office for details and arrangements. For your protection, each rental home is provided with at least one (1) smoke detector. Our inspectors check operation on a routine basis; however, it is the renters responsibility to check the smoke detector upon arrival and to advise the Sun Realty office immediately if the smoke detector is not working properly. Fireplaces (if applicable) are only to be used October through April. Some areas experience salty, distasteful or discolored water occasionally. You may wish to purchase bottled water for drinking purposes in these cases. If you are renting in the off-road areas north of Corolla (4 wheel drive area) you must have your own 4 wheel drive vehicle to access these remote homes.
F. RENTAL ITEMS Rental items may be rented on a weekly basis, please call our office for availability and reservation information. Our retrieval of rental items left in unit after check-out will be billed to you at a minimum cost of $25.00.
G. MAINTENANCE Every effort is made to keep each property and its equipment in good working order. Please notify Sun Services, our maintenance division, of any difficulty you incur during your stay so repairs can be made. There will be no rebates given for inoperable appliances or faulty equipment, unfavorable weather, early departure, interruption of utilities, construction in the area or maintenance problems. False or unwanted maintenance repairs called for by tenant will be billed to tenant. We reserve the right to enter premises during tenancy to inspect, make repairs, etc. We strive to make repairs within 24 hours. Occasionally circumstances require a longer repair time. Please be patient.
H. TRIP CANCELLATION INSURANCE Sun Realty has contracted with CSA, Inc. (1-800-858-5462) in order to offer you trip cancellation insurance to protect your vacation investment against hurricane evacuations, and other covered unforeseen circumstances, which could cause cancellation of your trip and forfeiture of payments. Coverage issues will be based and determined solely by CSA Inc. and the existing policy will be issued to you if you elected the coverage of this insurance when you made your reservation. Please see your policy for more specific information.
I. MESSAGES Mail and phone messages can be received through our Corolla office at 252-453-8822 or our Duck office at 252-261-7911 or our Kill Devil Hills office at 252-441-7033 or South Nags Head at 252-441-9156 or Salvo at 252-987-2766 or Avon 252-995-5865 or Kitty Hawk 252-261-1152. No messages will be taken on the 800 number. It is the responsibility of the tenant to check for messages on a regular basis. For emergency purposes we recommend you also leave the phone number of the Dare County Sheriff’s office, 252-473-3481, or Currituck Emergency, 252-232-2424, the name of our firm and the name and the rental number of your cottage or condominium with relatives and close friends. Only emergency messages can be delivered.
J. CHECK-OUTS All cottages and condominiums must be vacated by 10.00 A.M. on check-out day. We ask that this policy be recognized by all tenants. An extra days rent will be charged for all late check-outs. Our inspection crews depend upon your departure so they may take care of preparing for the next scheduled tenants. Lessee is responsible for washing dishes, taking out trash, emptying refrigerator, leaving the AC set on 78 degrees (or heat set on 55 degrees in the winter months), securing all doors and windows, and leaving the unit clean, damage-free and in good shape for the next renter. Any extra cleaning or excessive trash removal will be billed to tenant at a minimum fee of $50.00.
Please ensure you’ve packed all your belongings before checking out, as we cannot be responsible for items left. Call our office for arrangements within 7 days after your departure, otherwise left items will be disposed. We encourage you to contribute unopened non-perishable items to our local food bank for depositing into the collection bin at our offices.
K. TAX North Carolina has enacted a lodging tax in Dare and Currituck Counties effective January 1, 1987. In addition to the 6.75% sales tax in effect now, there will be an additional 5% (Dare) or 6% (Currituck) lodging tax added to your rental amount. The tax table as of printing is 11.75% in Dare and 12.75% in Currituck counties. Tax amount due will be adjusted in appropriate tax rate on your check-in date.
L. DAMAGES We ask our tenants to report any breakage or damages to us upon occurrence and settling the matter before they leave. If there is any damage done to a unit, the lessee does agree to be responsible for any damages done by himself, his family, guests, pets, or ATVs. All rental units are checked between tenants carefully by our inspection crews for breakage or damage with all damages reported directly to management. Tenant authorizes agent to charge his credit card on file or security deposit (if applicable) for such damages and acknowledges in writing same to tenant. Do not duplicate keys to your unit. Lost or unreturned keys will be a $100.00 re-key charge. Tenants are not permitted to move furniture within the unit nor burn candles.
M. PHONE, ETC. Many of our units are equipped with telephones. Local calls (255, 261, 441, 449, 480, and 473 exchanges) are within Dare County and may be made without limit. If your stay is in Currituck or Hatteras, the Dare County exchanges will be long distance. In the event your unit is provided with a long distance call blocking program, the calls will be directly billed to your credit card. Tenant understands the agents may collect fees directly from outside vendors for services, including but not limited to: Commission on the sale of trip cancellation insurance, security deposit waivers, phone call unlocking services, pet fees and rental items.
N. GRILLING Grilling is not permitted except on concrete surfaces. Do not attempt to use outdoor grills on decks, porches or near wooded areas as you are responsible for any damages. Please be sure to clean the grill before you leave so the next guest finds it ready for use. Fireworks are not permitted on the premises at any time.
O. TELEVISIONS/VCR/COMPUTERS Most properties have cable TV hookup, denoted by CATV hookup in the property description. No guarantees are given for TV sets and no rebates will be given for malfunctions nor cable reception. Additionally, there will be no rebates for faulty VCR/DVD, TV or computer equipment or internet access.
P. UNIT FOR SALE Tenant understands rental unit maybe listed for sale. We reserve the right to show each rental unit for sale to potential buyers. Effort will be made to schedule the showing so as not to interrupt your vacation. Tenant understands in the event of the sale or transfer of the subject property, the new owner may not be bound to honor this rental if rental is to occur 180 days or more following the recorded sale of the property. In this event, you shall be entitled to a refund of rent payments made by the purchaser/new owner. The sale or transfer of the property is subject to NCGS 42A, vacation rental agreement.
Q. POOLS Pool privileges are available only on those properties designated as such. Most swimming pools are open only from Memorial Day to Labor Day. Please check the listing or call our office for more specific information. Pool opening/closing schedules are subject to change without notice or refund. If renting a unit with a pool or pool access, Agent is released from all liability for any injuries or death resulting from lessee or his guests use of the pool. Lessor provides pool and/or hot tub maintenance through a third party that is unaffiliated with agent. Agent does not have or assume any responsibility for supervising the existence, frequency or adequacy of pool/hot tub maintenance. Inadequately maintained hot tubs and pool can cause viral or bacterial illnesses that could be life threatening under various circumstances. Agent does not inspect or test the pools and hot tubs for the presence of health threatening organisms. When tenants and guests use a pool/hot tub, they assume the risk of illness from an improperly maintained pool or hot tub and you release agent from any liability for injury or damages resulting from the use of an improperly or inadequately maintained pool or hot tub. No alcohol, pets, nor urinating in pools or hot tubs. Children are not permitted in hot tubs.
R. BEACH NOURISHMENT Some oceanfront areas of the Outer Banks will be a part of a beach nourishment project. You may experience some inconvenience during this project. No refunds will be given.
6. PERMITTED OCCUPANTS lessee must take possession and maintain possession of subject property for the full leased period. The Tenant shall not permit the property to be occupied or used as a residence by more than the maximum number stated on the reverse side of this agreement. This includes the Tenant, his family (including all children) and guests. Overcrowding of property or misrepresenting number in party is grounds for immediate eviction without refund. Absolutely no house parties, beer kegs, ATVs or RVs or illegal activities allowed on premises. Violation of this will result in the termination of lease and immediate eviction without refund, unless re-rented. Misrepresentation, failure to pay in full, obtaining subject property under false pretenses, fraud or material breach of this agreement shall result in an expedited eviction in accordance with the vacation rental act (NCGS 42A).
7. LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY In the event the owner is unable to deliver said property to Tenant under this lease agreement because of fire, damages, eminent domain or Act of Nature, or if the property is unavailable because of delay in construction, the unit is sold and no longer renting, or because of lack of water or sewer, or otherwise unfit or uninhabitable, or for any other reason whatsoever, Tenant hereby agrees that Owners sole liability as a result of any of these conditions is the full refund of all consideration previously tendered by Tenant pursuant to the terms of this lease, and Tenant expressly acknowledges that in no event shall owner be held liable for any consequential or secondary damages, including but not limited to any expenses incurred as a result of moving, for any damage, destruction or loss. Tenant also agrees that in the case of a double booking or occupancy by owner, Tenant will be entitled to a full refund of all consideration previously tendered by Tenant. If Agent is able to re-locate Tenant, Tenant agrees to pay any difference in rental amount. The Tenant their family members, guests and/or other occupants of the vacation home agrees to release and indemnify the Owner and his Agent from and against all claims for damages and/or personal injuries to any person arising out of the use of subject premisies, including interior and all exterior areas, including decks, stairs and other common areas that occured during the tenancy of the premises. These claims include those that allegedly may fall under the Vacation Rental Act. Tenant also agrees to defend owner and his agents from any lawsuit alleging damages and/or personal injury that occured during the tenant’s rental at the property. Tenant shall not be entitled to any refund due to unfavorable weather, maintenance problems, area construction, early departure, or disruption of utility services (including cable) after occupancy. Tenant agrees to be responsible for any repairs necessary due to their negligence. Agent reserves the right to enter and inspect premises with a reasonable notice to Tenant. Tenant agrees to hold Agent harmless for any liability in event of foreclosure of subject property. In the event of an ordered evacuation due to hurricanes or other storms, tenant is required by state law to evacuate property. Refunds for the period of mandatory evacuation will be made only by CSA provided you purchased the optional trip cancellation insurance. (If tenant has refused trip cancellation insurance, tenant shall not be entitled to a refund). If coverage was purchased through CSA, please call CSA directly at 1-800-858-5462 for refund procedure.
8. IN WITNESS THEREOF, this agreement is executed in two counterparts with an executed counterpart being retained by each party hereto. NOTICE: This is a legally binding contract. If not understood, seek competent advice. Subject property may or may not be owned by a North Carolina Real Estate Licensee. Tenant understands that in all negotiations regarding subject property, the agent will be representing the best interest of the owner and subject property.
(a) This agreement shall be governed by and interpreted in accordance with the law of the State of North Carolina.
(b) This agreement shall be treated as though it were executed in the County of Dare, State of North Carolina, and were to have been performed in the County of Dare, State of North Carolina. Any action relating to this agreement shall only be instituted and prosecuted in courts in North Carolina. Customer/Tenant specifically consent to such jurisdiction and to extraterritorial service of process.
