2018 Vacation Rental Lease
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Sun Realty: Vacation Rental Lease Agreement
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT (NCGS 42A). 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 FOR A VACATION RENTAL.
The broker shall conduct all brokerage activities in regard to this agreement without respect to the race, color, religion, sex, national origin, handicap, familial status, sexual orientation or gender identity of any party or prospective party.
Terms of your Lease Agreement
1. Sun Realty of Nags Head, Inc. (the “Agent and/or Sun Realty”) is the rental manager of a vacation property which is available for weekly or seasonal rental. The Landlord of the property (the “Owner”) has given the Agent the authority to enter into this Agreement. This Agreement sets forth the terms under which you, as Tenant, will lease the vacation property for a specified period of time through the Agent. The Tenant understands and agrees that the rights and obligations of “Landlord” as set forth in the Vacation Rental Act (NCGS 42A) apply only to the Owner and not to the Agent.
2. IN CONSIDERATION of the rent received and the mutual promises herein, the Owner of the subject property, «OwnerName» , and his/her assigns or successors, 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. Sun Realty is Agent for and represents the Owner.
3. THIS LEASE MUST BE SIGNED BY TENANT AND RETURNED TO AGENT WITHIN 7 DAYS OF RECEIPT. Reservation is subject to be cancelled if we have not received your sign lease within (7) days of receipt. Tenant understands email address on file will be used by Sun Realty for future marketing.
4. PAYMENT OF RENTS AND ACCEPTED FORMS OF PAYMENT *NO PERSONAL CHECKS ACCEPTED AT CHECK-IN* To avoid cancellation, Tenant must confirm reservation within seven days with payment of rent and any applicable trip insurance premium and/or security deposit (if required), and provide the signed lease. Payments accepted online by e-check or credit card through the link on our website to Vacation Rent Payment. Personal checks should be mailed to Sun Realty, P.O. Box 1630 Kill Devil Hills, NC 27948. The balance is due at least 30 days prior to your check-in date. Personal checks will not be accepted less than 21 days before Tenant’s arrival. Reservation is subject to cancellation if payments have not been made in full by the appropriate designated due dates. Tenant acknowledges and authorizes that the advance rent payment, less Agent's commission and fees, is to be disbursed in advance of occupancy to the property owner’s trust account at Sun Realty and any applicable vendors, including Red Sky Travel Insurance, and 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, cleaning services, pet fees, rental items, transfer or cancellation of Tenant's tenancy following payment. Tenant acknowledges Agent may collect fees or commissions from outside vendors for these services. Tenant acknowledges this and releases any right for civil suit against Sun Realty for any loss. Tenant agrees to pay a $25 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. A third party processor is used for any Credit Card or E-Check Payment. ALL PAYMENTS ARE TO BE MADE IN U.S. FUNDS.
TAX: North Carolina applies a 6.75% sales tax to lodging in the state. Additionally, an occupancy tax applies to vacation rentals in Dare County (6%) and Currituck County (6%). The tax table as of printing is 12.75% for Dare and 12.75% for Currituck county properties. Tax amounts are subject to change. Your rental balance will be adjusted at appropriate tax rate based on your check-in date.
THE SUN PLAN, SECURITY DEPOSITS AND DAMAGES: An optional fee ($30), already included in your rent, allows you to take part in the Sun Plan. This Plan allows the standard security deposit to be waived. The Plan provides 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, that is reported no later than check-out time. You remain responsible for the proper care of the Owner’s property and any costs in excess of $500. Deliberate damage or gross negligence, loss of property due to theft unless a police report has been filed, damage caused by pet, or damage caused by motor vehicles or watercraft, remains responsibility of Tenant. Decision by Sun Realty as to whether the damage appears to have been caused accidentally and thus subject to the Plan will be final. The Standard Security Deposit may be paid in lieu of accepting the Sun Plan. Tenant may deduct $30 from the rent and submit a $500 Security Deposit with your advance rent payment. You must let us know whether you prefer the standard security deposit option when you send your advance rent payment.
Security Deposits are required by some Owners and in some rental situations. Security deposits may be required on any reservation when deemed to be in Owner's best interest. Any security deposit (if paid) will be returned to you as leaseholder 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. Any Security Deposit will be administered in accordance with the North Carolina Tenant Security Deposit Act. Agent will deposit all funds in an interest bearing trust account with Towne Bank - Kitty Hawk, NC, with any interest payable to agent.
Tenant must report any breakage or damages upon occurrence, regardless of cause. Tenant is responsible for any damages done by himself, his family, guests, pets, and vehicles. All rental units are checked between tenant occupancies carefully by our cleaning and/or inspection crews for breakage or damage with all damages reported directly to management. Tenant agrees to promptly pay for any damages and/or additional fees assessed that are not covered by the Sun Plan.
Tenant agrees that in the event of dissatisfaction of any kind, Tenant will not seek a refund via his credit card provider. Any adjustments will be handled solely through Agent on behalf of the Landlord/Owner.
REFUNDS: Neither Landlord/Owner nor Agent will provide refunds for unfavorable weather, late arrival, early departure, interruption of utilities or construction in the area.
5. TRIP CANCELLATION INSURANCE: Sun Realty has contracted with Red Sky Travel Insurance (1-866-889-7409) 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 Red Sky, and the existing policy will be issued to you if you elected the purchase of this insurance when you made your reservation. Please see your policy for more specific information. Please note: trip insurance premium is non-refundable after 14 days in force even if the reservation is cancelled. If trip insurance is declined, tenant accepts responsibility for loss of rent in case of any unforeseen circumstances including but not limited to mandatory evacuation. You do not have coverage in force until your entire advance rental payment and trip insurance premium is paid in full. Please call our office immediately if you have any questions.
6. CANCELLATION POLICY: 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 of $245.00, plus any other reasonable costs to re-rent the property. Please note that the insurance premium, if paid, is not refundable. The Tenant shall not assign this agreement or sublet the property in whole or in 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.)
7. TRANSFER OF WEEKS BY TENANT: Tenant requests for a transfer from one week to another available week in the same property must be made in writing. All transfers must be approved. There will be a service charge of $100.00 assessed for any transferred week. All transfers must be made at least 30 days prior to occupancy in order to allow Agent time to re-rent the original week. A new lease agreement will be created reflecting the change of dates upon receipt of the service charge. The prior lease will remain valid until the new lease is executed. Transfers can only be arranged within the original property rented and not to other properties and must take place within the same calendar year.
8. CHECK-IN: Check-in time is between 4:00pm-5:30pm depending on house preparation. 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. For Tenants arriving after 5:30 pm, it is recommended that Tenant contact check-in office to ensure keys and directions to rental property are left in the drop box at the assigned check-in office. CHECK-IN AND RELEASE OF KEYS REQUIRES PAYMENT IN FULL AND SIGNED LEASE AGREEMENT. STAFF WILL NOT BE AVAILABLE AFTER HOURS TO RELEASE KEYS.
9. CHECK-OUTS: Tenant will vacate premise by 10:00 am on check-out day. An extra day’s rent will be charged for all late check-outs unless advance arrangements have been made for late check-out (limited availability and subject to additional fee). Tenant is responsible for washing dishes, taking out trash, emptying refrigerator, leaving the AC set on 72 degrees in the summer or heat set on 65 degrees in the winter, securing all doors and windows, and leaving the unit generally clean, damage-free and in good shape for our cleaning team. Any excessive cleaning or excessive trash removal as deemed by Sun Realty will be billed to Tenant at a minimum fee of $125.00. Please ensure you've packed all your belongings before checking out, as we cannot be responsible for items left. A $15.00 COD fee will apply for any items returned to you following your tenancy. Contact check-in office for arrangements within 7 days after your departure, otherwise left items will be disposed of.
10. PERMITTED OCCUPANTS: Tenant 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 of occupants allowed under this lease. 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 unless property is re-rented.
11. FAMILY GROUPS ONLY: Properties are rented to family groups (parents, grandparents, children, and extended family members vacationing in one home) only. Tenant and family will be sole occupants of property. No fraternities, school or civic group, un-married young adults, high school or college student groups nor other non-family groups allowed. IDs must be furnished upon request. Absolutely no house parties allowed. Violation of the above is grounds for immediate lease termination and/or eviction without refund of rent paid unless re-rented. NO EXCEPTIONS. The undersigned represent themselves to be an adult 25 years or older. The broker shall conduct all brokerage activities in regard to this agreement without respect to the race, color, religion, sex, national origin, handicap, familial status, sexual orientation or gender identity of any party or prospective party.
12. PROHIBITED CONDUCT: Absolutely no house parties, beer kegs, fireworks of any kind, ATVs or RVs, no videotaping of premises, nor illegal activities are allowed on premises. Violation of this will result in the termination of lease and immediate eviction without refund, unless property is 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-23). We take safety, security, and good conduct seriously. Verbal abuse, violence or other threats against Owner/Landlord or Agent or its employees will not be tolerated and is grounds for eviction without refund and legal and/or law enforcement action. Tenant is responsible for actions and conduct of Tenant and any and all guests and occupants of Premises. Tenant is responsible for ensuring safe and responsible behavior. Henna, Henna tattoos, hair dye, self-tanner and bronzer products are not to be used within the property or by any guest of the tenant during the tenancy up to and including 5 days prior to arrival due to damages to fabrics. Tenant will be responsible for all damages.
13. SPECIAL EVENTS: Tenant must notify Sun Realty of all large gatherings in or on premises. Not all rental homes will allow special events. Please inquire. Special Events do require additional lease provisions, event fee, and/or security deposit. Failure to make advance arrangements for your special event could result in evictions or other action, including a minimum $150 in liquidated damages.
14. PETS AND HOMES THAT ALLOW PETS: Homes allowing pets (noted on the front page of this document), are limited to not more than 2 house-broken domestic animals. All pets must be declared. A $125.00 fee is charged for additional cleaning on all reservations that include a pet. You are required to clean behind your pet in the house and outside area; otherwise additional cleaning charges to you will result. *Pets are NOT allowed in pools or hot tubs! Violation of this policy may result in additional cleaning costs. Homes that allow pets are treated regularly for fleas. PETS FOUND ON PROPERTIES NOT ALLOWING PETS IS GROUNDS FOR IMMEDIATE EVICTION.
15. RIGHT OF ENTRY AND ACCESS TO THE PROPERTY: Agent reserves the right to enter and inspect premises with a reasonable notice to Tenant. Agent reserves the right to enter premises or schedule for professional services during tenancy including but not limited to inspecting, making repairs, replacements or installations or showing home to prospective purchasers or tenants. Tenant is responsible for securing rental property during tenancy, including protection from intruders and the elements. Tenant may not duplicate keys to property and is responsible for safeguarding keys in their possession. Lost or unreturned keys will be a $100.00 re-key charge.
16. MAINTENANCE: Owners make every effort to keep each property and its equipment and amenities in good working order. Tenant will notify Agent in writing of any difficulty incurred so repairs or service can be arranged. Neither Owner nor Agent shall be liable for damages and no refunds will be given for such temporary failure, inoperable appliances or faulty equipment or maintenance problems, provided the Owner or Agent is seeking to service, repair or replace said failure in a reasonable manner upon receipt of written notification from Tenant of same. False or unwanted maintenance repairs called for by Tenant will be billed to Tenant. Owner and Agent reserve the right to enter premises or schedule for professional services during tenancy including but not limited to inspecting, servicing, making repairs, replacements or installations. Difficulties with utilities, services or amenities provided by third-party vendors may take additional time to remedy as Owner and Agent have limited ability to control scheduling.
17. ELECTRONICS.: No refunds will be provided for the malfunction of any electronics. No guarantee is offered for reception and no refunds are offered for failure or spotty reception of cable, satellite, internet or other service.
18. NON-SMOKING HOMES: Some homes are designated "Non-Smoking" in our catalog/website. Please respect this request. Tenant agrees to pay a $250 additional cleaning fee if smoking occurs in a home designated as Non-Smoking (noted on the front of this document).
19. DRINKING WATER: Some areas experience salty, distasteful or discolored water occasionally. Plan to buy bottled water for drinking, cooking, and ice purposes.
20. POTENTIAL NEED FOR 4-WHEEL DRIVE TRANSPORTATION: If you are renting in the off-road areas north of Corolla (4-wheel drive area) you must have your own 4-wheel drive transportation to access these remote homes. Caution: All Wheel Drive vehicles WILL NOT traverse in off road areas.
21. GRILLING: Grilling is not permitted except on concrete surfaces. Do not attempt to use moveable 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.
22. FIREWORKS: Fireworks are not permitted on premises at any time.
23. POOLS and SPAS: Pool privileges are available only on those properties designated as such. Most swimming pools are open during warm weather periods. 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, Tenant releases Agent and Owner from all liability for any injuries or death resulting from Tenant or Tenant’s guests’ use of the pool. Pool and/or hot tub may not be ready at check-in time. Agent does not have or assume any responsibility for supervising the existence, frequency, or adequacy of pool and/or hot tub maintenance. Inadequately maintained hot tubs and pools 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 Tenant and guests use a pool or hot tub, they assume the risk of illness from an improperly maintained pool or hot tub. Tenant releases Agent from any liability for injury or damages resulting from the use of an improperly or inadequately maintained pool or hot tub. DO NOT ADD ANY CHEMICALS OR OTHER AGENTS TO THE POOL OR SPA. Spa cover should be replaced when not in use. No alcohol, pets, or urinating in pools or hot tubs. Children under 12 are NOT permitted in hot tubs. PROPER SUPEVISION IS REQUIRED AT ALL TIMES.
24. BEACH NOURISHMENT: Some oceanfront areas of the Outer Banks will be a part of a beach nourishment project. Tenant may be subject to inconvenience during this project. Please be advised. No refunds will be given.
25. VOLUNTARY TRANSFER (SALE) OF PROPERTY: Tenant understands rental unit maybe listed for sale. Effort will be made to schedule any showing so as not to interrupt Tenant’s vacation. Tenant understands in the event of the sale or transfer of the subject property, Tenant will be notified of the name of the new Owner. All rental agreements that are within 180 days of transfer of property will be honored. The new Owner is not bound to honor this rental if rental is to end 180 days or more following the recorded sale of the property but may elect to honor these rental agreements. If rental agreement is outside of 180 days of transfer and new Owner does not wish to honor the agreement, Tenant shall be entitled to a refund of rent payments held by the new Owner. The sale or transfer of the property is subject to NCGS 42A-19, Vacation Rental Act.
26. TENANT OBLIGATIONS UNDER THE VACATION RENTAL ACT: Tenant agrees to comply with all obligations imposed by the Vacation Rental Act as required in NCGS 42A-32. Tenant obligations include: The tenant of a residential property used for a vacation rental shall keep that part of the property which he or she occupies and uses as clean and safe as the conditions of the property permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the property that he or she uses. Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner. Keep all plumbing fixtures in the property or used by the tenant as clean as their condition permits. Not deliberately or negligently destroy, deface, damage, or remove any part of the property or render inoperable the smoke detector provided by the landlord/ Owner or knowingly permit any person to do so. Comply with all obligations imposed upon the tenant by current applicable building and housing codes. Be responsible for all damage, defacement, or removal of any property inside the property that is in his or her exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the landlord or his or her agent, defective products supplied or repairs authorized by the landlord, acts of third parties not invitees of the tenant, or natural forces. Notify the Landlord/Owner or Agent of the need for replacement of or repairs to a smoke detector. The Landlord/ Owner shall annually place new batteries in a battery-operated smoke detector, and the Tenant shall replace the batteries as needed during the tenancy. Failure of the Tenant to replace the batteries as needed shall not be considered negligence on the part of the Tenant or the Landlord/Owner.
27. OTHER TENANT OBLIGATIONS: Tenant agrees not to use the premises for any activity or purpose that violates any criminal law or regulation and may use the premises for residential purposes only. Tenant has an obligation to notify Agent immediately of any safety issues discovered. Tenant is responsible for any and all damages to the property from all guests and ensuring maximum occupancy of 2 per bedroom, unless otherwise noted, is not exceeded 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 (children 2 years and under excluded in this total count). Tenant agrees not to over occupy. Owner’s locked closets are not included in the rental of the property and are not to be accessed. Fireplaces available for Tenant use are only to be used October through April.
28. REIMBURSEMENT AND RIGHT TO PROVIDE SUBSITUTE PROPERTY: Except as provided in G.S. 42A-36 (Mandatory Evacuations), if, at the time Tenant is to begin occupancy of the property, the Landlord/Owner cannot provide the property in a fit and habitable condition or substitute a reasonably comparable property in such condition, the Landlord/Owner and Agent shall refund the Tenant all payments made by the Tenant.
29. 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: 1. Holds over in possession after Tenant's tenancy has expired; 2. Commits a material breach of any provision of this lease (including any addendum hereto) that according to its terms would result in the termination of tenancy; 3. Fails to pay rent as required by this lease; or 4. Has obtained possession of the Premises under fraud or misrepresentation.
30. LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY: Except as provided in G.S. 42A-36 (Mandatory Evacuations), if, at the time Tenant is to begin occupancy of the property, said property under this lease agreement cannot be provided because of fire, damages, eminent domain 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, excluding those events that would otherwise be covered through tenants trip insurance policy agent makes available, Tenant hereby agrees that Owner’s and Agent’s 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. Tenant expressly acknowledges that in no event shall Owner or Agent 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. In the event of foreclosure, Tenant understands their sole recourse is with the Owner of the property. Agent is not responsible for loss or recovery of funds in the case of foreclosure or other involuntary transfer of property. Tenant will not be refunded by Agent or Owner for Mandatory Evacuations. 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.
31. INDEMNIFICATION AND HOLD HARMLESS; ASSIGNMENT: The Tenant, their family members, guests and all the occupants of the vacation home agree to release, hold harmless and indemnify the Landlord/Owner and his Agent from and against all claims for damages and/or personal injuries to any person (including Tenant's guests) arising out of the use of subject premises, including interior and all exterior areas, including decks, stairs and other common areas, that occurred during the tenancy of the premises, unless caused by the negligent or willful act of Agent or the Landlord/Owner, or the failure of Agent or the Landlord/Owner to comply with the Vacation Rental Act. Tenant also agrees to defend Landlord/Owner and his Agent’s from any lawsuit alleging damages and/or personal injury that occurred during the Tenant's rental of the property. Tenant shall not be entitled to any refund due to unfavorable weather, maintenance problems, area construction, noise, early departure, or disruption of utility services (including cable) after occupancy. Tenant agrees to be responsible for any repairs necessary due to Tenant's (and guests') negligence. Agent reserves the right to enter and inspect premises with a reasonable notice to Tenant. 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 lease or sublet the Premises in whole or in part without the written permission of Agent. Tenant agrees to hold Agent harmless for any liability in event of foreclosure of subject property.
32. MANDATORY EVACUATION: In the event of an ordered evacuation due to hurricanes or other storms, Tenant is required by state law to evacuate property. Tenant agrees to vacate and secure property within 4 hours of the start of the mandatory evacuation order. Refunds for the period of mandatory evacuation will be made only by Red Sky provided Tenant purchased the optional trip cancellation insurance. If Tenant has refused trip cancellation insurance, tenant shall not be entitled to any refund. If coverage was purchased through Red Sky, please call Red Sky directly at 1-866-890-6499 for refund procedure.
33. ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties and there is no other representation, inducements, or other provisions other than those expressed here in writing. All changes, additions, or deletion hereto, must be made in writing and signed by all parties.
34. GOVERNING LAW: This agreement shall be governed by and interpreted in accordance with the law of the State of North Carolina.
35. NOTICE: This is a legally binding contract. If not understood, seek competent advice. Subject property may 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.
36. VENUE: 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 Dare County in North Carolina. Tenant specifically consents to such jurisdiction and to extraterritorial service of process.
Properties are leased without regard to the race, color, religion, sex, national origin, disability, family status, sexual orientation, or gender identity of any tenant.