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Rental Agreement

Contract

“Owner” or “Landlord” of the property, rents the subject property, including all household furniture, goods, and chattels described and/or shown in the profile photos to the “Tenant” or “Lessee”, subject to the provisions of this rental agreement.  


You (“Tenant” or “Lessee”)  wish to rent House for a Term beginning on agreed Arrival Date and ending on agreed Departure Date, inclusive;   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 tenant.  Your signature on this Agreement, or payment of money or taking possession of the property, is evidence of your acceptance of this Agreement and your intent to use this property for a vacation rental. Owner of the property, rents the subject property to the tenant, subject to the provisions of this rental agreement.  


NOW THEREFORE, Owner and Tenant agree as follows:  


Check-in/Check-out. House is to be used by the Tenant for residential purposes only. In order to supply our Tenant(s) a clean unit and avoid delays we ask that all Tenant(s) abide by our check-in time is 3:00 pm on day of arrival and check-out time is 11:00 am on day of departure. NO Early check-in or late check-out except by prior written arrangement and payment of additional hourly or set fee.  


SECURITY/DAMAGE DEPOSIT. A payment or credit card hold of $250-$750 as a Security/Damage Deposit is required. In the event Tenant is responsible for any and all damages that occur to the House or it's contents by you or any other member of your group while you are the registered Tenant of the Property. These deposits act as a security for the performance by the Tenant of the terms of this Agreement. The purpose of the Security Deposit is to protect the Home and it’s contents from malicious or negligent damage and/or the Home being left in abnormally dirty conditions resulting in excessive cleaning costs (i.e. carpet/furniture stains, furniture damage, incomplete move out, broken or stolen items, etc.). It is unlawful to remove any items from the Home. Such actions are grounds for prosecution. If we discover that there has been damage to the property or it's contents while you are the occupant we will capture an amount from your Deposit to cover the estimated cost of repairs. We will provide a statement of the damages and the cost of the repairs after they have been completed. If the cleaning company detects any evidence of smoking in the Home, it will result in the fine specified below. The Deposit is NOT applied toward rent; however, it is fully refundable within eight (8) days of departure, provided the following provisions are met below, or such part of it as may remain after allowable offsets, shall be returned to Tenant after the term of this Agreement.  


CLEANING FEE. A $95-150 cleaning fee is due upon making the reservation and is included in your final payment. This is non-refundable and will be used to pay for cleaning the house after the rental. Professional cleaning will automatically be done after Tenant vacates the premises. Undue and/or unreasonable, or excessive cleaning of the house immediately subsequent to the Tenant’s departure shall be charged to the Deposit as a Cleaning Charge at a rate of THIRTY-SIX Dollars($36.00) per hour, with a one (1) hour service minimum. This applies to the premises exterior, grounds, and BBQ/Grill as well as the premises interior. In the event extensive or excessive cleaning is required, Owner may withhold funds from the Deposit to cover said cleaning.  Excessive cleaning is considered anything beyond changing bed linens, laundering linens, dusting, vacuuming, cleaning the bathroom(s) and putting away clean dishes from dishwasher only. Excessive use of the towel supply, blanket supply and other linens and/or has left lights, or tampered with heat and/or air controls will result in an additional cleaning charge taken off of Tenant’s Deposit.  


KEY PROCEDURES. DAY OF ARRIVAL: Most of our beach rentals have a KEY-LESS ENTRY CODE. If your rental is key-less you will be sent a text message just before the check in time of 3:00 PM.  Check in time is: 3:00 PM Check out time is promptly at 11:00 AM  


CANCELLATION POLICY. CANCELLATION OF RESERVATION or CHANGE OF DATE. Once your reservation has been confirmed, any cancellations, date changes will be subject to this cancellation policy. THIS AGREEMENT/CONTRACT SUPERSEDES ANY OTHER POLICIES EXPRESSED VERBALLY OR ON THE WEBSITE.


Split Payments If the guest cancels without a minimum of 60 days notice or the balance/2nd Installment is not paid on time, the deposit/1st Installment will not be refunded. If the remaining balance/2nd Installment is not received at least six weeks before the date of check in, the booking will be automatically canceled and no refund of monies already paid will be provided.


Paid in Full If the guest has paid the full balance, they will receive: 100% refund of the total cost already paid for cancellations more than 60 days before check-in date. 


There are NO REFUNDS less than 60 days before check in. We understand there can be unforeseen emergencies that could cause a cancellation to a reservation therefore Travel Insurance is highly recommended. Should cancellation be necessary, advance deposits, rents, or other fees will not be returned without a 60 day notice from check in. NO refunds for early departure and/or eviction. In the event of a cancellation or date change of a confirmed rental for any reason please contact Owner as soon as possible. Cancellations due to inclement weather, personal illness, river water levels, inoperative air conditioners or appliances or for mechanical failure, early check out, date changes occurring less than stated minimum days required notice will result in forfeiture of Reservation Deposit, Rent, and Fees. The total rental cost (as defined above) will be forfeited.  


FINAL PAYMENT. Your final payment is due 60 days prior to your scheduled arrival date.  


AGE REQUIREMENTS. Owner will not rent to anyone under 25 years of age, unless accompanied by a parent(s). Reservations shall not be made by or for a minor, defined as any person under the age of twenty-five (25). Any reservation made under false pretenses will be subject to eviction and forfeiture of advance payment of rent and deposits. A valid ID and acceptance of this rental agreement is required. Identification must be furnished upon request.  


RENTAL OCCUPANCY. Tenant(s) shall have no more than Four (4) occupants sleeping in said premises and 


ABSOLUTELY NO PETS. No motor homes or campers of any sort will be allowed on the Property. 


Absolutely NO HOUSE PARTIES ALLOWED. The hosting of parties in the Home, outside, in private or common areas, or anywhere else on the property beyond the maximum occupancy is a violation of this lease. Bedding described in listings and website are provided to accommodate particular sleeping arrangements but should not be construed as allowing occupancy in excess of the maximum allowed. Violations of rental occupancy restrictions are grounds for IMMEDIATE EVICTION AND FORFEITURE OF RENT regardless of the time of day or night. This Home is for family rentals ONLY. During summer season, we require one parent/guardian for every three (3) persons under the age of consent. A parent/guardian must be staying in the House at all times. This policy includes reservations made by parents/guardians who do not check in, and/or who leave overnight during the length of the stay. The person registering as the Responsible Party to this Agreement must occupy the unit for the length of the stay and is responsible for all damages or missing items in the unit and the conduct of all occupants. This responsibility may exceed the amount of the Deposit.  


SLEEPING CAPACITY/DISTURBANCES. Tenant and all other occupants will be required to vacate the premises and forfeit the rental fee and security/damage deposit for any of the following: Occupancy exceeding the sleeping capacity, using the premises for any illegal activity, causing damage to the premises rented or to any of the neighboring properties, or any other acts which interfere with neighbors’ right to quiet enjoyment of their premises. Tenant agrees to not exceed a total of 4 people including children.  


MANDATORY EVACUATION. Cancellation or early departure due to inclement weather including hurricanes, mandatory evacuations or states of emergency, does not warrant a refund for rent or deposit. Purchase of Trip Cancellation and Interruption Insurance is highly recommended.  


SUBSTITUTIONS: Management strives to comply with all reservation requests for a specific vacation residence, however due to unforeseen mechanical problems, or other unforeseen circumstances, we cannot guarantee a specific rental property. We reserve the right to change assignments without notice should a residence become unavailable.  


RENTAL ASSIGNMENTS. Owner reserves the right to change rental assignments under emergency conditions. Properties are occasionally removed from the rental program on short notice due to change in ownership or other changes made by the owner. Should this occur to a confirmed reservation, every effort will be made to contact you by telephone or e-mail to inform you of the need to change your reservation to another suitable accommodation. Please be assured you will either be moved to a comparable property or upgraded, at owners discretion, depending on property availability. If this situation occurs, you will be notified immediately, time permitting, and the terms of this Rental Agreement will convey to the new premises and the related owner(s), with the exception of occupancy limits. If no suitable accommodations are available, you will receive a full refund. Owner is not responsible for errors in its website or brochure, for property changes, or for any conditions beyond our control upon arrival.  


MAINTENANCE AND REPAIRS. TENANTS. The Tenants shall maintain the premises in a good, clean, and ready to rent condition, and use the premises only in a careful and lawful manner. The tenants shall leave the premises in a ready to rent condition at the expiration of the rental agreement, defined by the Landlord as being immediately habitable by the next tenants. Tenants shall pay for maintenance and repairs should the premises be left in a lesser condition. The tenants agree that the Landlord shall deduct costs of said services from the security deposit prior to refund if tenants cause damage to the premises or its furnishings.  


YOU AGREE TO NOTIFY US IMMEDIATELY. If a maintenance problem develops at your vacation rental so we can have it remedied as quickly as possible. Owners and Agent reserve the right to make repairs as necessary, and to enter the vacation rental with reasonable notice, or without notice if you cannot be reached.  


TRASH. The Tenants shall dispose of all waste material generated during the rental period in the designated trash cans.  


SUBLETTING. The Tenant shall not have the right to sublet the property.  


QUIET ENJOYMENT. The Tenants shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding property owners. The Tenants shall not create noise or disturbances likely to disturb or annoy the surrounding property owners. Creating a disturbance of the above nature shall be grounds for immediate termination of this agreement and Tenants shall then immediately vacate the premises. Quiet time is 10:00PM – 7:00AM and is strictly enforced per town code.  


THE OWNERS AND AGENT ARE NOT RESPONSIBLE for any injury to any tenants or tenants’ guests, or for loss, theft or damage to any tenants’ or tenants’ guests’ property your belongings whether associated with the rented unit, or the common property areas. The Tenants and Tenants' Guests shall hereby indemnify and hold harmless the Landlord/Owner against any and all claims of personal injury or property damage or loss arising from use of the premises regardless of the nature of the accident, injury, or loss. Tenants expressly recognize that any insurance for property damage or loss which the Landlord may maintain on the property does not cover the personal property of Tenants, and that Tenants should purchase their own insurance for Tenants and Guests if such coverage is desired.  


SAFETY. Tenant acknowledges and agrees that they are responsible for the safety of themselves, their guests and their children with respect to the home, outside private and common areas, and use of any items supplied by owner (including but not limited to bikes, bbqs, beach equipment, etc). Tenant acknowledges and agrees to hold harmless from any injuries to them or their guests. It is understood that there are no bike helmets provided and that caution and supervision is tenants responsibility. The home is NOT child proofed. We do not have child proof locks on any cabinets or doors and there are no gates to keep children from entering specific rooms. The yards are NOT completely fenced. Upon arrival, you may want to put items you think your child may get into away or up on higher shelves. Any child proof items needed for your children must be brought with the Tenant.  


ATTORNEY’S FEES. Tenants agree to pay all reasonable costs, attorney's fees and expenses that shall be made or incurred by Landlord enforcing this agreement.  


USE OF PROPERTY. Tenants expressly acknowledge and agree that this Agreement is for transient occupancy of the Property, and that Tenants do not intend to make the property a residence or household.  


SHORTENED STAYS AND CONDITIONS. There shall be no refunds of rents due to shortened stays or ruined expectations because of weather conditions.  


FIREARMS. Only legally owned and permitted firearms shall be allowed on the premises according to State and local laws.  


FIREWORKS. Tenant agrees that Fireworks and other hazardous materials shall not be used in or around the property.  


ILLEGAL USE. Tenant shall use the property for legal purposes only and other use, such as but not limited to, illegal drug use, abuse of any person, harboring fugitives, etc. shall cause termination of this agreement with no refund of rents or deposits.  


FIRE ALARMS. If the property has fire alarms the Tenant must notify the Landlord without delay if a fire alarm “chirps” or has a low battery condition.  


TV USAGE. Owners provide basic TV. No pay or premium services are allowed nor provided. Tenant will be charged for any Pay per View Movie that is attempted to be received. These transactions do show on Owner’s billing statements. There are blocks on the systems to try and prevent this. No refund of rents shall be given for outages, content, lack of content, or personal preferences with regard to cable TV service.  


PHONE USAGE. Owners do not provide a land line.  


INTERNET. High speed wireless internet is provided as a convenience only and is not integral to the agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to internet service.  


Wi-Fi INFORMATION. Wi-Fi information is framed and located inside of property. Guests can also find the information in the Welcome Guide.  


WHAT IS SUPPLIED IN YOUR RENTAL. An initial setup of trash liners, one roll of toilet paper in each bathroom, paper towel roll in kitchen, and basic liquid soaps are provided. Extra items needed are the responsibility of the Tenant. It is the Tenant's responsibility to replenish if needed and/or to provide their own paper items and cleaning supplies beyond the initial setup. Owner tries their best to keep the House stocked. Tenant shall furnish and/or supply his/her own food, propane if the BBQ/Grill runs out, iron & ironing boards, extra blankets, cribs, foil, plastic wrap, soap, coffee filters, and condiments. Many residences are furnished with but not all have: hairdryers, beach chairs, umbrellas, cooler, wagon, bicycles, dishwasher, washing machine and dryer. NO residences are furnished with: beach towels, food of any kind (including condiments), laundry soap, dish washing detergent, cribs, highchairs, or air mattresses. Complimentary items are not guaranteed nor do they contribute to the rental rate, they are for the guests to maximize enjoyment of our beaches and community. These items are included at no extra cost.  


INCLUSIVE FEES, LINENS/TOWELS/SUPPLIES. Although linens are furnished, please bring your own beach towels and beach blankets, as linens are not to be removed from the unit. White bath towels are included in the unit, daily maid service is not included in the rental rate. Any linens found missing or damaged, including but not limited to makeup stains, hair dyes, blood, full of sand, or found to be used outside of the unit will result in a charge to the Tenant of $25 per towel, $35 per sheet (flat or fitted).   


PARKING. Parking at the premises is limited and is rental specific – call us for details. No boats, jet skis, trailers or RVs are permitted.  


PROPERTY CONDITION. Please note that we have checked the unit before your arrival. If you have any remarks, please give us written notice along with photos within 24 hours after your arrival. This will be your evidence at move out.  


NO SMOKING. Smoking inside is strictly prohibited and will result in a $1000.00 fine.  


PETS. The “no pets” policy must be observed in all of our homes. In our properties, pets are not allowed in the premises under any circumstances. If there is discovery or evidence of a pet during your stay or upon your departure, a charge of $1000 will be charged against your security deposit and the balance will be posted to your credit card.  


REPAIRS. From time to time, it may be necessary for us to enter the vacation property during reasonable hours for any purpose connected with the repair, care or management of the property. Every effort is made to keep items in each property in good working order. Please notify the owner or management of any difficulty you have during your stay so repairs can be made as soon as possible. No rebates or reduction in rent will be made for mechanical failures or malfunctions, interruption of utilities or other maintenance problems such as air conditioners, heaters, dishwashers, washers, dryers, TVs, VCR’s, swimming pools or appliances. Renter will be held responsible for any and all damages that occur during said rental dates.  MOVING FURNITURE. Do not move the furniture. Furnishings are not to be rearranged or removed from the premises for use outside or in other areas of the rental. Moving furniture could result in a fine up to $500.  


HOUSEKEEPING. Your accommodations will have been cleaned before your arrive and after you depart. Guests are responsible for personal laundry needs during their stay. Please do not strip beds of sheets when checking out. All dirty dishes must be placed in dishwasher and dishwasher started. Housekeeping will put dishes back in cabinets. When you leave we request you remove garbage from the house and put in outside garbage containers keeping garbage and recyclables separate. If excessive trash is left behind in the home, guests will be assessed an appropriate fee associated with labor. Please do not leave trash in house. All food should be removed from refrigerator and freezer. Please do not leave any sugary items as this attracts ants.  


LOST AND FOUND. Owner/s is not responsible for lost or misplaced items. Please double check the House for personal items prior to departure. However, if notified and/or found within a reasonable time, we will be happy to ship them via UPS Ground Delivery for a $25 fee (unless postage and handling is more). The Landlord shall not be held liable for condition of said items. All unclaimed personal items are donated to charity throughout the year.  


CRIBS, HIGH CHAIRS and PORT-A-CRIBS. In order to make traveling with children easier for you, feel free to contact http://tampabaybabyrentals.com/default.aspx  


BOATS, HAULING TRAILERS, MOTOR HOMES. NO motor homes, boats, or hauling trailers allowed without owner’s permission. Please call before bringing any of these items as there is limited parking and some trailers are not permitted in accordance with our City Ordinance.  


BARBECUE GRILLS. Guests are responsible for charcoal and/or propane gas for grill. Please use caution when grilling. Do not grill in screened in porches. Do not place HOT ASHES in any trash container. Do remove ashes only after they are completely COLD.  Clean Grill after each use.  


AC UNIT AND ELECTRICAL USAGE. Tenant agrees that air conditioning shall not be set below 75 degrees and heat shall not be set above 78, and that the fan setting shall be “Auto”. Doors and windows shall be closed when either heat or air conditioning is in operation. Tenant agrees to conserve AC and electricity by turning out lights when not in use.  


LOCKED CLOSETS/DOORS. House may have one or more lockers/closets that are reserved for storage of Owner's personal property and are NOT included in the rental. Please respect these locked closets, cabinets or rooms. They are NOT INCLUDED as part of your rental. Please do NOT attempt to open these locked closets - they are for HOMEOWNER USE ONLY. If there is a break-in into the closet, deposit will be charged for any repairs as well as missing items.  


REPAIRS AND MAINTENANCE. Owner cannot guarantee against mechanical failure or malfunction of heating, air conditioning, appliances, TV's/VCR's/DVD Players, stereo equipment or plumbing. Owner is not responsible for any circumstances beyond their control, such as disturbances on nearby properties, construction noise, or acts of nature. Any of the above does not automatically render the Home unfit and uninhabitable. Please report any inoperative equipment to the Owner promptly. We will make every reasonable effort to have repairs done quickly and efficiently. Owner/Agent may enter Property during reasonable hours to perform maintenance or repairs. The malfunction or mechanical failures, delay in check-in, early departure, interruptions of utilities, maintenance problems, construction in the area, acts of nature, outside disturbances, telephone service, and internet service will not entitle Tenant to a refund or rent reduction. No discounts will be given due to housekeeping issues but every effort will be made to correct them.  


OTHER NON-AVAILABILITY OF PROPERTY. In the event that the Owner is unable to deliver the Home to Tenant at check-in because of fire, eminent domain, act of nature, double booking, delay in construction or any other reason whatsoever, Tenant's sole remedy as a result of any of these conditions is the full refund within 14 days of Owner’s discovery of the condition of all funds previously received from Tenant. If such an event occurs after check-in, Tenants sole remedy is a pro-rated refund. If Tenant requests to be relocated in lieu of the above refund and Agent is able to relocate Tenant, Tenant agrees to pay any difference in rental rate. Tenant expressly acknowledges that in no event shall Owner/Agent be responsible for any expenses incurred as a result of moving Tenant.  


PROPERTIES FOR SALE. Occasionally, vacation residences are listed for sale. We reserve the right to show these properties to potential buyers. Every effort will be made to schedule showings so as not to interrupt your vacation. Tenant shall allow reasonable viewings of the home between 9 am and 8 pm whether they may be present or not.  


OWNERS SET SPECIFIC RULES. Regarding the maximum number of occupants, pets, smoking, etc. As the vacation rental management/owner we enforce these rules, and may evict renters or their guests when they are exceeded. If pets are not allowed at the vacation rental, that includes pets belonging to your guests. Large gatherings, house parties, etc., are absolutely not allowed unless approved when your booking is made. Sub letting is not permitted. Any disturbance resulting in neighborhood complaints or police action, or other illegal activities, damage to the vacation rental, or violation of this agreement or of rules and regulations governing the vacation rental, will be considered sufficient cause for immediate termination of your stay, and all monies paid will be forfeited. This agreement does not create a tenancy for the vacation rental; you can be removed from the vacation rental without process of law if you do not depart at the appropriate time.  


YOU ARE RESPONSIBLE FOR YOUR CHOICE. This vacation rental is individually owned. We have described the vacation rental in detail to the best of our ability, but we cannot make the decision for you and will not be responsible if you are not happy with your choice on arrival. The rent will not be refunded and cannot be transferred to another location.  


SURRENDER OF HOME. It is agreed that at the expiration of the occupancy, Tenant(s) will peacefully quit and surrender said premises, furniture, goods and chattels to Owner/Agent, in as good order and condition as reasonable use and wear thereof will permit, damage by the elements excepted. Tenant agrees that occupancy of the premises beyond the ending date and time shall be considered a trespass unless this Agreement is extended in writing.  


DAMAGES. Tenant shall be liable for all damages done to Home during the occupancy period, whether committed by Tenant or not. Tenant shall forthwith repair at his/her expense all damage that may occur to the leased premises or any part thereof during the term of this Agreement resulting from the act or negligence of Tenant(s), his/her guests or business visitors. Further, Tenant agrees that Owner/Agent may withhold money from Tenant’s Deposit to cover any damages, however, failure to withhold from the deposit shall not be deemed a release of liability under this section.  


TERMINATION: The Landlord has the right to inspect the premises with prior notice as stated with the applicable State laws. Should the Tenant violate any of the terms of this agreement, the rental period shall be terminated immediately with loss of the entire rental and deposit amounts paid in accordance with State law. The Tenants waive all rights to process if they fail to vacate the premises upon termination of the rental period. The Tenants shall vacate the premises at the expiration time and date of this agreement.  


NO WAIVER. Nothing contained in this Agreement shall be construed as waiving any of Owner’s/Agent’s or Tenant’s rights in the State of Florida.  


ENTIRE AGREEMENT. Time is of the essence. This Agreement, when combined with and all community rules and regulations, (if applicable) is intended as a final expression of the parties’ agreement and constitutes the entire Agreement. No additional provisions are expressed nor implied. This supercedes any and all previous Agreements, whether contemporaneous oral or written, expressed or implied. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waver of the same or any subsequent breach. Upon signing, or clicking thru, or accepting, or payment, the Tenant herby endorse the fact that they have read and understand this Agreement in its entirety, and agree to accept all of its terms, conditions, and restrictions, without exception. Tenant’s acceptance reflects this binding Agreement with Owner. This is a binding contract. Please keep a copy. Execution of a digital signature shall be deemed a valid signature.  


CERTIFICATION. I or we, the Tenant(s), hereby certify and consent that I/we have read the entire Agreement and conditions and agree to the terms and will comply with them during the course of this vacation rental and authorizing any outstanding charges remaining after departure to be deducted from Deposit amount. 


BY ACCEPTING THIS AGREEMENT, THE TENANT AGREES TO “HOLD HARMLESS THE HOMEOWNER IN ALL CLAIMS AND LEGAL MATTERS INCLUDING BUT NOT LIMITED TO: DOUBLE BOOKINGS, DEPOSIT MONIES, HURRICANES, FLOODS OR OTHER ACTS OF NATURE, DAMAGED PROPERTIES, FIRE, THEFT, LOST OR STOLEN PROPERTY, PEST INFESTATION AND CHANGES IN ZONING LAWS AFFECTING RENTALS, INJURY OR DEATH. THE TENANT UNDERSTANDS THAT THIS AGREEMENT IS BETWEEN TENANT AND HOMEOWNER [LANDLORD] AND ALL DEPOSIT MONIES BECOME PROPERTY OF LANDLORD.

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Owner Operated Vacation Rentals- CA, AZ, FL, Mexico

PO Box 637 Cardiff by the Sea, CA 92007

(760) 494-8847

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