: North carolina vacation rental laws
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VACATION RENTAL AGREEMENT / RENTAL POLICIES
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT, AND YOUR INTENT TO USE THE PROPERTY FOR A VACATION RENTAL.
AGENT SHALL CONDUCT ALL BROKERAGE ACTIVITES 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 TENANT.
All of the properties managed by North carolina vacation rental laws REAL ESTATE are privately owned and are rented on behalf of the property owner, subject to the provisions of the Rental Agreement. Each unit is furnished by the owner to reflect their taste and certain standards recommended by us and priced accordingly. Since most reservations are made by phone or online, it is important for you to communicate your needs to our agents. If you have any special requirements or a particular quality in mind, we strongly suggest a personal visit to the property prior to confirming the reservation. It is unfortunate, but we will be unable to make other arrangements upon your arrival.
Bryant Real Estate has two primary offices for vacation rentals. Our Wrightsville Beach office (1001 N. Lumina Ave, Wrightsville Beach, NC) services our Wrightsville Beach vacation rentals. Our Carolina Beach office (1230 N. Lake Park Blvd, Carolina Beach, NC) services Carolina and Kure Beach Vacation Rentals.
1. OCCUPANCY: The occupancy limit for our properties is advertised and included in the contract after booked. Only infants who sleep in cribs are not counted in the total occupancy. All units and cottages are rented for family vacations only. We rent to responsible adults over 25. For groups of unrelated individuals, all guests should be over 30. NO SORORITIES, FRATERNITIES, CHURCH GROUPS, WEDDING RECEPTIONS, "HOUSE PARTIES", "SPRING BREAK" PARTIES, or other such groups are permitted unless pre-approved by the Agent and Landlord at time of booking. Requests must be in writing. If your request is approved, a substantial Damage Deposit and/or an Event Fee may be required. Exceeding the occupancy limit, misrepresentation, or subletting, are grounds for immediate eviction. If your tenancy is for 30 days or less, the expedited eviction procedures set forth in Article 4 of the VRA will apply.
2. ADMINISTRATIVE FEE, ACCIDENTAL DAMAGE FEE AND SECURITY DEPOSIT: The nonrefundable Administrative/Accidental Damage Fees represent a processing fee and Accidental Damage Program and are included on all reservations. A security deposit may be required in addition. This will either be stated at the time of booking, or if your occupancy and/or event requires one to be approved. If a security deposit is required, it may be applied to actual damages caused by the tenant as permitted under the Tenant Security Deposit Act. In addition, Agent may deduct from the security deposit the amount of any unpaid long distance or per call telephone charges and cable television charges that are not specifically described in this agreement as being included with the premises. Agent shall apply, account for, or refund Tenant's security deposit within 45 days following the end of the tenancy. The security deposit will be used and applied to damages first if its required. If damages exceed both the security deposit and the accidental damage coverage, the tenant will be responsible for the remaining charges. The Accidental Damage Program provides tenants with an additional coverage of $1,500.00 for accidental and non-willful damage. Tenants understand and agree that they are responsible for any damage to the property during their stay that is not covered with the Accidental Damage Program, the cost that exceeds the limited amount of the Accidental Damage Program, any negligent or willful damage caused from wanton conduct, or any pet damage, and the cost of any reasonable attorney’s and collection fees. In order to be protected by the Accidental Damage Program, tenant most notify Bryant Real Estate of Damage prior to check out. Tenants also understand that any costs that exceed the Accidental Damage Program will be charged to the current credit card on file.
3. INITIAL PAYMENT: The initial payment is due at the time of booking. The initial payment includes 50% of the rental amount, Administration Fee, Travel Insurance (if purchased) and applicable taxes, etc. If your arrival date is within 60 days, full payment is required at the time of booking. A Rental Confirmation will be sent to you showing your payment, any remaining balance due including additional charges added. All rental monies will be held in an interest-bearing account with either First National Bank at 1724 Eastwood Rd, Wilmington, NC or Southern Bank at 6752 Rock Spring Rd, Ste 120, Wilmington NC, with interest belonging to Agent. We accept cash, certified funds, travelers’ checks, money orders, personal checks and all major credit cards excluding American Express. Any check returned unpaid by the bank for any reason will incur a $35.00 processing fee. Please note that checks will not be accepted 30 days prior to reservation dates. If a fraudulent chargeback is issued by the tenant, all subsequent payments must be in cash or certified funds.
4. REMAINING BALANCE PAYMENT: The second payment is for the remaining balances after the Initial payment has been paid and is due 60 days before you arrive. This will include the remaining 50% of the rental amount, and any unpaid fees (such as: pet fees, linen and linen set up fees, applicable taxes, or any additional charges incurred) that were added after the initial booking. If the remaining balance payment is not paid in full 60 days before your arrival date, the Agent has the right to charge the card on file without any further notification or communication with you per the Debit/Credit Card Authorization Form. If we are unable to process the card on file, the agent has the right to cancel your reservation in accordance with the Cancellation Policy without prior notice being given. Access codes or keys will not be issued, and occupancy will not be permitted without full payment.
5. TRAVEL INSURANCE: If you choose to purchase the travel insurance, you must initial where indicated on the contract. If you add travel insurance after signing your contract, confirmation of its addition must be in writing. This plan is optional, but we strongly recommend it. In case of unforeseen events, this insurance helps protect your vacation investment. A detailed pamphlet describing the coverage is available at your request. If you choose not to purchase this coverage, NO REFUNDS WILL BE GIVEN IN THE EVENT OF UNFORESEEABLE CANCELLATIONS, INCLUDING HURRICANE MANDATORY EVACUATIONS. (See Cancellation Policy below). Travel insurance cost is 7.95% of total booking cost. Bryant Real Estate retains a percentage of the insurance premium to offset processing expenses. Travel insurance is nonrefundable and cannot be purchased after your final payment is received and once your reservation is paid in full.
NOTE: TENANT'S DECISION WITH RESPECT TO THE PURCHASE OF TRIP INTERRUPTION INSURANCE WILL AFFECT TENANT'S RIGHTS IN THE EVENT OF A MANDATORY EVACUATION.
6. IN THE EVENT OF A HURRICANE OR Hawaiian airlines bank of hawaii credit card login EVACUATION: If the authorities issue a "MANDATORY EVACUATION" (associated with a hurricane or another event) order for your rental location, you MUST vacate your rental unit. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that Tenant is unable to occupy the Premises because of the order. However, Tenant will not be entitled to a refund if, prior to taking possession of the Premises: (i) Tenant refused insurance offered by Agent that would have compensated Tenant for losses or damages resulting from loss of use of the Premises due to a mandatory evacuation order, or (ii) Tenant purchased such insurance from Agent. In a "Voluntary Evacuation", there is NO REFUND if you choose to leave.
Travel insurance coverage is your only option for compensation in the event of a Mandatory evacuation and must have been purchased before the storm was named. Purchases must be in writing before your final payment or on the contract. If you decline the insurance, there will be no refund from Agent in a mandatory evacuation.
7. TENANT DUTIES: Tenant agrees to comply with all obligations imposed by the Vacation Rental Act on Tenant with respect to maintenance of the Premises, including but not limited to: (i) keeping the Premises as clean and safe as the conditions of the Premises permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the Premises that Tenant uses; (ii) not deliberately or negligently destroy, deface, damage, or remove any part of the Premises or knowingly permit any person to do so; and (iii) notifying Agent in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy. Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation and may use the Premises for residential purposes only. Tenant’s breach of any duty contained in this paragraph shall be considered material and shall result in the termination of Tenant’s tenancy.
8. AGENT DUTIES: Owner is required to provide the Premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, the Premises are not in a fit and habitable condition and Agent cannot substitute a reasonably comparable property in such condition, Agent shall refund to Tenant all payments made by Tenant, less nonrefundable fees, such as travel insurance premiums.
9. SPECIAL NEEDS: Many rental units have restrictions against boat trailers, jet skis, recreation vehicles and number/size of vehicles. If you have special needs, please let us know when making your reservation. Any tickets, fines or penalties associated with such infractions are the responsibility of the tenant.
10. CHECK IN PROCEDURES Please take special care of your vacation home during your stay as if it were your own home. Optional maid services are available during your stay with advanced request. Check in time for all properties is 4:00 pm, unless you have paid for a flexible arrival in advance of check-in, providing guaranteed access either 2 or 6 hours early. If it is discovered that you have entered the unit, parked in the driveway, or are utilizing the premises in advance of your check-in, you will be charged an unauthorized early check in fee up to 1 night's rent. On occasion, check in time may be delayed (due to unforeseen circumstances such as cleaning or maintenance issues). Upon your arrival, please notify us immediately if you do not find the unit clean. If we have not heard from you within three hours of your check-in, we will assume that you found the accommodations in an acceptable condition. All rentals are provided with vacuum, mop, and broom. If these items are missing, please call our office. All other cleaning supplies are the responsibility of the tenant.
11. CHECK OUT PROCEDURES: Check out time is by 10:00 am and is strictly enforced. Additional charges of up to 1 day’s rent may be added for unauthorized late check out. To be considered checked out, all persons and personal property must be removed from the premises and materials for the property returned to the office. Listed below are your guidelines to follow before you leave the property. Failure to follow the procedures below when leaving the property may result in an excessive cleaning fee or additional charges.
a. Wash, clean, and put away all dishes.
b. Remove all items from the refrigerator.
c. Remove all trash and place in the trash carts provided.
d. Check all closets and drawers for personal items and remove.
e. Check all windows and doors to ensure that they are locked.
f. Strip all beds of sheets and pillow cases and pile up linens (towels in one pile and sheets/pillow cases in another). Do no remove mattress pads, pillow shams or comforters.
g. Return all keys, garage door openers, and Parking passes to the Bryant Real Estate office. (Please note failure to return parking passes will result in a charge ranging from $150.00 to $300.00. The cost will depend on the pass or garage door, for example, Town of Wrightsville Beach Passes are 300.00 per pass and Carolina Beach Condo passes are 150.00. The cost of lost hard keys ranges from $25-$300 per key. Actual cost depends on replacement of the lock, rekeying the lock, or replacement of the key.
12. WASTE MANAGEMENT: Please ensure that your trash is taken to the street in advance of the trash days for your property. This information can be found in our app, through push notifications, being posted in the unit, and is also available at check-in. Failure to remove trash and place the receptacles at the street can cause a back-up of waste. If we must call for a special trash pickup prior to the next tenant arrival, we will charge your card on file $100 plus tax for the service call. If upon checking out, you have more waste than can fit in the bins provided, you must dispose of it another way or risk a charge. Contact our office for options.
13. MAINTENANCE: All equipment should be in proper working order, but you should promptly report anything inoperative. After-hours repairs will be limited to emergency situations only. All efforts will be made to expedite repair, but NO REFUNDS WILL BE MADE. Guests will be charged for unwarranted service calls. Please keep a key with you when you leave your unit to prevent accidental lockouts. If we have to walmart 1 hour photo to your unit to let you back in, a key delivery fee of $25 will be charged or the full cost of a locksmith not to exceed $100.
14. INTERNET/CABLE: Internet/Cable service is provided in most units and is considered as an amenity. We may advertise speeds in a marketing listing, and this will correlate with the package provided by the telecommunication company, however, like the company that provides the internet, speeds are not guaranteed. Occasionally service is interrupted, or quality is degraded, and many times service restorations are dependent on an outside vendor. All efforts will be made to get the service restored as soon as possible, but there is NO REFUND if your service is unavailable, and it is not considered an after-hours emergency. If you have special requirements, please contact our office. There is a large range of TV packages from only streaming options to all the movie channels, etc. The same is true for internet from basic broadband to fiber.
15. PETS: Most of our properties DO NOT permit pets in or on the premises. A few rental units will allow one or two mature, housebroken dogs with payment of a $200 plus tax non-refundable Pet Fee per pet. These properties are designated in the unit’s description. NO CATS ALLOWED. You must disclose the pet when making your reservation. If a pet is discovered at a "No Pet" property or without advance notice at a "Pet Allowed" property, there will be a $400 plus tax charge per pet. The pet must be removed, and your occupancy may be cancelled with no refund given. Any damage or excess cleaning required due to pet hair, odor, etc. will be charged to your rental account and credit card on file. All emotional support animals and service animals must be disclosed at the time of booking to allow agent to collect records and documentation to support the request in accordance with all state and federal laws.
16. SMOKING IN UNITS: All of Bryant Real Estate properties are nonsmoking. If during the inspection it is detected that smoking has occurred in or on the property, you will be charged for excess cleaning, carpet and upholstery cleaning and deodorization, and drapery cleaning. This cost will range from $500-$1500 depending on the size of the unit. Smoking is not allowed anywhere on the property, including exterior structures like decks garages and car ports, etc.
17. FURNISHINGS AND EQUIPMENT: All of the cottages and condominiums are furnished with basic housekeeping accessories, dishes, cookware, flatware and various small appliances. Re-arrangement of furniture is prohibited; damages to the property and/or labor resulting from rearranged items will be charged to the tenant. Maid service is not provided unless reserved and paid for sseparately. Most properties provide linens and will be noted on your contract where additional linens and rentals may also be ordered. Since linen orders are made up and delivered in advance, any orders made within 48 hours of your arrival or after will be subject to an additional $25 Delivery Fee. We have done everything possible to assure accuracy of the description; however, we CANNOT be held responsible for printing errors, changes in furnishings by owners, or equipment failure.
18. PROPERTY SUBSTITUTION: Bryant Real Estate, on behalf of the owner, reserves the right to cancel the Rental Agreement at any first trust online business banking sign prior to tenant taking occupancy. All payments will be refunded, and neither management firm nor owner will be liable for any damages of any sort incurred by tenant as a result of such cancellation. If tenant desires to be placed in an alternative rental unit, agent will make a good faith effort to relocate tenant, but tenant agrees to pay difference in cost of rental.
If the owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises if Tenant’s occupancy under this Agreement is to end 180 days or less after the grantee’s interest in the Premises is recorded. If Tenant’s occupancy is to end more than 180 days after such recordation, Tenant has no right to enforce the terms of this Agreement unless the grantee agrees in writing to honor this Agreement. If the grantee does not honor this Agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 20 days after transfer of the Premises, the grantee or the grantee’s agent is required to: (i) notify Tenant in writing of the transfer of the Premises, the grantee’s name and address, and the date north carolina vacation rental laws grantee’s interest was recorded; and (ii) advise Tenant whether Tenant has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by Tenant. However, if the grantee engages Agent to continue managing the Premises after the transfer, the grantee shall have no obligation under (i) or (ii) above if this Agreement must be honored under the Vacation Rental Act or if the grantee agrees in writing to honor this Agreement.
Upon termination of the owner’s interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, owner’s agent, or real estate agent is required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the owner’s successor-in-interest within 30 days, and notify Tenant by mail of such transfer and of the transferee’s name and address. However, if Tenant’s occupancy under this Agreement is to end more than 180 days after recordation of the interest of the owner’s successor-in-interest in the Premises, and the successor-in-interest has not agreed to honor this Agreement, all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) must be transferred to Tenant within 30 days.
19. RESERVATION REQUESTS FOR NEXT YEAR: If you want to reserve the same unit for the same week(s) for next year, you MUST make your reservation at least 24 hours before departing. Afterwards, the property will be available to anyone through our normal channels. If you re-book your stay on the departure day or after, you will be required to pay 50% of the rental and sign a new rental agreement to confirm the reservation. If dates are re-booked 24 hours or more before departure, a non-refundable advance booking fee must be remitted at the time of booking. Advanced booking fees will only be refunded if the owner displaces the guest. Otherwise, the advanced booking fee will be applied to the reservation. After rates and owner usage are finalized, you will be emailed the rental agreement and booking Summary for the initial payment. These tentative reservations are non-binding until the initial payment is made and/or contract is signed. Advanced bookings will be discontinued in future years, although we will be happy to offer returning guests flexible terms for payment schedules upon request.
20. EXPEDITED EVICTION: If the tenancy created hereunder is for 90 days or less, the expedited eviction procedures set forth in the Vacation Rental Act will apply. Tenant may be evicted under such procedures if Tenant: (i) holds over in possession after Tenant’s tenancy has expired; (ii) commits a material breach of any provision of north carolina vacation rental laws Agreement (including any addendum hereto) that according to its terms would result in the termination of Tenant’s tenancy;
21. DISCLOSURE: In accordance with the National Association of Realtors Standards of Practice and Code of Ethics, it should be disclosed that Bryant Real Estate has a contractual relationship with the Landlords. This contractual relationship employs us to act as their agents and treat all parties (tenants and landlords) honestly, fairly, and in good faith. More information is available in the office of Bryant Real Estate at your request. The price of any services provided by or through Bryant Real Estate may include a profit for the company.
22. INDEMNIFICATION AND HOLD HARMLESS; RIGHT OF ENTRY; ASSIGNMENT: Tenant agrees to indemnify and hold harmless Agent and the owner from and against any liability for personal injury or property damage sustained by any person (including Tenant’s guests) as a result of any cause, unless caused by the negligent or willful act of Agent or the owner, or the failure of Agent or the owner to comply with the Vacation Rental Act. Tenant agrees that Agent, wells fargo cashiers check template owner, or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such north carolina vacation rental laws, alterations, or improvements thereto as Agent or owner may deem appropriate, or to show the Premises to prospective purchasers or tenants. Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent.
23. GOVERNING LAW; VENUE: The parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, and that in the event of a dispute, any legal action may only be instituted in the county where the Property is located.
24. USE OF ELECTRONIC MEANS; NOTICE: The parties agree that electronic means may be used to sign this Agreement or to make any modifications the parties may agree to, and that any written notice, communication, or documents may be transmitted electronically to any e-mail address, cell phone number or fax number used by the parties to communicate during the course of this Agreement. Any notices required or authorized to be given hereunder or pursuant to applicable law may also be mailed to Tenant’s address or hand delivered to the Tenant at the address of the Premises and to the Agent at the Agent’s address
25. PROPERTY ACCESS: Keys and access codes will not be given until your reservation is paid in full and we have a signed Rental Agreement. If there is a delay in signing or payment on the tenant's side that impacts occupancy, it will not impact the rent, taxes, or any other fees owed, but it may prevent access to the property.
26. BEACH NOURISHMENT: Some oceanfront areas may be part of beach nourishment projects. Projects are planned by individual towns and are weather dependent, therefore schedules cannot be set or confirmed in advance. Tenant may be subject to inconvenience during these projects. No refunds will be given.
27. CANCELLATION POLICY: CANCELLATIONS MUST BE CONFIRMED IN WRITING. If you cancel for any reason within 24 hours of booking you will receive a full refund. Otherwise, Tenant shall not receive a refund unless the premises are re-rented. If the premises are re-rented on the same or greater financial terms set forth herein, Tenant shall receive a refund of all payments made by Tenant, less all lease fees and cancellation fee in the amount of $150.00 and associated taxes. If the premises are re-rented at a discount or for part of the original stay dates, Tenant will be responsible for the cost difference in nightly rates for Tenant’s stay between Tenant’s booking and the new booking(s); the cancellation fee of $150.00, all lease fees, and taxes will remain nonrefundable and owed. If the premises are not re-rented, Tenant will not be entitled to a refund of any payment made hereunder. Whether or not the Premises is re-rented, Tenant, rather than Agent, shall be responsible for seeking reimbursement of any fees paid by Tenant to third parties either directly or through the Agent for goods, services, or benefits for Tenant’s intended stay that may have been paid out to such third parties prior to Tenant’s cancellation. Any refund pursuant to this Mybank unicredit will be issued within 30 days after the original confirmed departure date when accounting is finalized, and a full breakdown of funds will be provided. NOTE: Trip interruption insurance may provide coverage for losses incurred by Tenant in the event of a cancellation.
ACCIDENTAL DAMAGE PROGRAM -
Please note that for items to be covered, damage must be reported when the event occurs, or at the latest, prior to check out. COVERED ITEMS: Kitchens: refrigerator shelves, stove tops replaced or repaired, coffee carafe, cabinet drawer/door repairs, small appliance repair or replacement
Bathrooms: replace/install or repair towel bars, shower doors, shower heads, cabinet drawer/door repairs. Furnishings: replace/repair exterior furniture, replace/repair interior furniture, sofa sleeper bed frames, carpet cleaning and repairs from spills and tears (burns are not covered), TV repair or replacement (due to damage only). General: wall damage, minor repairs and painting, door and lock repair or replacement, repair scratched floors(unless from moving furniture), repair/replace broken blinds, windows, or screens. ITEMS NOT COVERED: Intentional, willful, or wanton acts from tenant or guest of tenant, burns or damage due to smoking, pet damage, misuse or damage due to rearranging furnishing, appliances, or other amenities, Programming audio/visual equipment, electronics, security systems, computer/internet systems, pools/hot tubs (equipment or services), or any damage due to direct impact from car or boat is not eligible for coverage.
Rental Terms and Conditions
THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
In consideration of the advance rent payment received and the mutual promises herein, the Owner of the subject property (hereinafter referred to as Owner), through Landmark Vacation Rentals as the Agent (hereinafter referred to as LVR), does hereby lease and rent to Guest and/or Tenant (hereinafter referred to as Tenant) the certain property described within for the following Terms and Conditions:
1. PAYMENTS:Initial deposit of 30% of total stay or $500, whichever is greater and including applicable sales taxes and non-refundable administrative fees, are due upon receipt of reservation confirmation. Final payment is due 60 days prior to arrival date in the form of a check or echeck. Checks should be made payable to Landmark Vacation Rentals and returned with lease agreement. There is a late fee of $25.00. Checks returned as NSF will incur a $30.00 service charge and could be subject to cancellation for nonpayment. Reservations made less than 60 days prior to arrival must be paid in full at time of confirmation. A property shall not be considered confirmed until the deposit and/or full payment is received by LVR. Properties without deposits may be cancelled due to nonpayment at any time. Tax rates are calculated at the time of this Agreement. Tenant shall be responsible for payment of all applicable taxes according to rates in effect at the time of occupancy should the tax rates change. Optional Travel insurance will be offered through CSA Travel Protection (see “Travel Protection” below for more details). Advance rent payments are only refundable through in the event of qualifying conditions due to cancellation through CSA Travel Protection ORif the property is rebooked for the same time period and same rate. All cancellations must be made in writing to LVR.
2. CANCELLATIONS COVERED BY CSA TRAVEL PROTECTION: Once Tenant’s reservation deposit has been received, there will be no refunds unless qualifying conditions are met with CSA Travel Protection or property has been re-rented for the same time period and rate. Please contact LVR as soon as possible in the event Tenant must cancel. If Tenant has purchased CSA Travel Protection and needs to file a claim, the contact number is 800-554-9839 to begin a food pantry nyc bronx for loss of rent payment. If Tenant chooses to decline the CSA Travel Protection, the only possibility for a refund for Tenant’s advance payments will be if the property is re-rented for the same time period and rate originally booked. If the Tenant qualifies for a refund of advance payments, Tenant shall receive a refund of all advance payments, less non-refundable administrative fees. Tenant is not entitled to a refund for of prepayments for early departure. All cancellations must be received in writing by LVR. Travel Protection Insurance is automatically calculated at 7% of total reservation amount and added into the rental rate. The plan is optional, but helps to protect Tenant In case of any unforeseen events that would lead to cancellation. Tenant can decline the coverage within 10 days of confirmation receipt. Questions regarding CSA Travel Protection bank of america com nycsdebitcard be answered by reviewing the Description of Coverage on their website: http://www.vacationrentalinsurance.com/330cert or calling 800-554-9839. Please see attached flyer about CSA Travel Protection policies.
3. RATE ADJUSTMENTS: Tenant shall not be entitled to any rate adjustment or refund due to delay in check-in, early check-out, or damage to guests’ belongings for any reason including mechanical malfunctions and disruption of utility services, including cable or satellite TV. There will be no refunds due to unfavorable weather or any acts of God. Each tenant is urged to opt for Travel Protection to cover potential financial loss. Should it be necessary to file an insurance claim, Tenant, not Agent, shall be responsible for seeking reimbursement. LVR acts only as a sales agent for the Lodging Protection Plan (Trip Cancellation and Interruption Coverage) administered by CSA. For questions regarding this plan, call CSA at 800-554-9839. The plan code is G-330CSA and the websitewww.vacationrentalinsurance.com/CASHIERS. LVR receives compensation for selling this Plan.
4. TAX RATES: Tax rates are calculated as of the time of this Agreement. Tenant shall be responsible for payment of all applicable taxes according to rates in effect at the time of occupancy should the tax rates change.
5. PROPERTY DAMAGE: This Vacation Rental Damage Protection Plan is in lieu of a cash security deposit under $3000.00 and coversunintentional damages to the Property that occur during Tenant stay, provided damages are disclosed to management prior to check-out. The policy will cover a maximum benefit of $3,000.00. Any damages that exceed $3,000.00 will be charged to the Tenant’s credit card on file. If, during Tenant Stay an Insured Person causes any damage to real or personal property as a result of inadvertent acts or omissions, the Insurer will reimburse LVR for the cost of repair or replacement of cricket quick bill pay property up to a maximum benefit of $3,000.00. Certain terms and conditions apply. Full details of the Vacation Rental Damage Protection coverage are contained in the Description of Coverage or Insurance Policy. By submitting payment for this plan, Tenant authorizes and requests CSA Travel Protection and Insurance Services to pay directly LVR any amount payable under the terms and conditions of the Vacation Rental Damage Protection. The fee is mandatory unless Tenant places a cash security deposit against Tenant’s reservation (amount to be determined by LVR) or the security deposit requested by Owner is greater than $3000.00. A refundable damage deposit will be returned to Tenant, in check form, within 45 days of departure date. The Properties are carefully inspected after each Tenant’s departure. Collection costs and reasonable attorney’s fees, if necessary, will be the responsibility of the Tenant per Article 42 of the NC G.S. Act. Please see them Item 21 below.
6. ARRIVAL AND DEPARTURE TIMES: Check in begins no north carolina vacation rental laws than 4:00 PM on the day of arrival at LVR office before going to Property. If Tenant will be a late arrival, please notify LVR so that special arrangements can be made. Tenant agrees to place a credit card imprint on file in case of charges incurred for incidentals and/or intentional damage. Tenant’s arriving late will need to stop by the LVR office to formally register on the next business day. Please note that keys will only be given to Tenant listed on the confirmation unless Tenant informs LVR north carolina vacation rental laws writing that a representative can pick up keys. Check out is no later than 10:00 AM on the day of departure. Tenant is responsible for leaving the unit undamaged and in reasonably clean condition. Tenant should secure all windows and doors prior to departure and Tenant’s party has vacated the premises. Keys MUST be turned in at a LVR office. Failure to return keys could result in a $50.00 charge against Tenant’s credit card on file.
7. ACCOMMODATIONS: Each plastic pre cut twist ties is privately owned and furnished, equipped for housekeeping and decorated by the Owner. Items not limited to but the Owner provides including furniture, appliances, equipment, style, and color. LVR does not accept liability for aesthetic of functional perception of the Property’s content and no rate adjustment can be made for such.
8. OCCUPANCY: North Carolina law requires the total occupancy in units served by septic systems not to exceed two persons per bedroom. Maximum number of occupants allowed in each unit is indicated in the property description. Overcrowding or misrepresentation is grounds for immediate eviction without refund pursuant to Sec. 42A-23, et.seq. of the Vacation Rental Act.
9. MAINTENANCE AND REPAIRS: All maintenance and repairs should be reported to LVR immediately. If repairs to appliances and other systems in the unit are necessary, they will be made as expeditiously as possible. NO REBATES WILL BE GIVEN FOR ANY MALFUNCTIONS. LVR reserves the right to enter premises to perform repairs, maintenance, etc. Repairs and maintenance caused by Tenant malfunction or abuse can be charged to the Tenant’s credit card on file.
10. TELEPHONES: Most rental properties provide local telephone service. If the Property does not provide unlimited long distance service, any fees will be charged to the Tenant’s credit card on file with a $25.00 service charge. This is in accordance with NC Vacation Rental Act.
11. TV USAGE: Television station availability will be dependent upon basic level of service established by Owner in the case of satellite or cable providers, as well as content. Pay-per-view selections will be charged to the Tenant’s credit card on file up to 45 days after departure. No adjustments to TV service levels will be made.
12. PETS: No pets are allowed unless specifically authorized and permitted on the Property. This applies to guests of Tenant. Violation of pet policy is grounds for immediate eviction without refund, pursuant to Sec. 42A-23 et.seq. of chase bank mortgage loans Vacation Rental Act. TENANT IS FULLY RESPONSIBLE FOR ANY AND ALL DAMAGE TO THE PROPERTY BY PERMITTED OR UNPERMITTED PETS, INCLUDING BUT NOT LIMITED TO THE COST OF REPLACING ANY DAMAGED CARPET, FURNISHINGS, SCREENS OR OUTDOOR AREAS.
13. NO SMOKING: All LVR Properties are designated as Non Smoking. Smoking is permitted outside only where permitted. Some areas may not be suitable for smoking due to ventilation and proximity of nearby properties. Violation of the “No Smoking” policy is grounds for immediate eviction without refund, pursuant to Sec. 42A-23 et.seq. of the Vacation Rental Act. Any charges to restore the Property back to its original condition will be charged to the Tenant’s credit card on file.
14. LAKEFRONT PROPERTIES: Owners, Agents and LVR are not responsible for any changes in water levels, water quality or water conditions.
15. QUIET USE AND ENJOYMENT: LVR does not guarantee quiet use and/or enjoyment of Property including but not limited to noise from other persons, neighboring properties, construction, and maintenance. LVR cannot grant rate adjustments resulting from circumstances outside of the rental property.
16. HOUSE PARTIES: LVR does not allow house parties in any rental property. Guests are not allowed to organize graduations, proms, gatherings, reunions, weddings, receptions, student groups or any other function similar in nature and could result in Tenant eviction. LVR does offer rental properties that will allow family reunions, weddings or receptions, however all such events must be approved in writing in advance and there will be an additional charge and/or security agreement assessed.
17. UNLAWFUL ACTIVITY: Property may not be used for any activity, which violates local, state, or federal laws, or NC insurance rules and regulations. Any such violation after commencement of tenancy shall be considered material, and shall result in the termination of tenancy with NO REFUND OF RENT.18. RESERVATIONS MADE BY OTHER: All reservations made by owners, outside travel agents and/or reservation services are subject to rules and policies of LVR. LVR is not responsible for inaccurate or misleading representations presented by the Owner or outside travel agents. Guests will be required to resolve any discrepancies directly with the Owner of the Property or the Tenant’s travel or booking agent.19. ASSOCIATION RULES: All reservations are confirmed with the understanding the Tenant and all of the Tenant’s guests will abide by the rules and regulations prescribed by Owners, condominium, homeowner and master associations as required for each rental property and attached amenities.20. ACTS OF NATURE: LVR and/or Owner cannot be held liable for any acts of nature or occurrences beyond our control. No rate adjustments will be made.21. PARKING: Motor homes, boat trailers, watercraft, travel trailers, jet skis, etc. may not be allowed at the rental properties. Tenant is responsible to find out about parking and/or restrictions prior to arrival. Please ask about local storage of such vehicles and equipment prior to arrival in advance.22. POOLS AND HOT TUBS: The rental property Owner or rental property association control pool and hot tub temperatures. LVR is not responsible for pool or spa temperatures, closures or malfunctions. No credit, discount and/or rate adjustments can be granted for items mentioned above or circumstances beyond our control. There will be days when the weather conditions will not allow pool heaters to accommodate swimming and temperature recovery times will vary. Use of pools and hot tubs is the sole discretion of Tenant. LVR and/or Owner are not responsible for Tenant and Tenant’s guest use of pools or hot tubs.23. AMENITIES: Amenities vary at each rental property. Please contact LVR for specific needs you may have regarding rental property amenities. LVR is not liable for malfunction or closure of rental property amenities and no credits and/or discounts can be granted for circumstances beyond our control.24. AGENCY DISCLOSURE: LVR serves as agent and representative of all Owners of condominium units and private dwellings in its rental program and is acting at all times in and for the best interest of the Owner.25. PEST CONTROL: LVR and/or Owner provide precautionary treatment for pest control and animal control. Rental properties are treated for pest control by the condominium association or by a contracted pest control company. LVR will make every effort to address pest control concerns, but is not responsible for rebates due to the presence of pests or in the event of untimely service by pest control companies. Garbage must properly bagged and stowed to ward away animals searching for food. Tenant may be responsible for any damage and/or clean up associated with improper procedures.26. ACCURACY OF INFORMATION: To the best of LVR’s knowledge, the information contained on the confirmation, terms and conditions, along with our website and advertising is deemed accurate, but not guaranteed. Descriptions, rates and property amenities listed on the confirmation are subject to change without notice. Omissions, additions or errors as well as changes in property bedding, furnishings, equipment, etc., shall not be the responsibility of LVR or Owner. Tenant should contact LVR about specific items of importance to them.27. MAID SERVICE/SPECIAL REQUESTS: Linens and bath towels are included in each rental property and have been inventoried prior to Tenant arrival. LVR cannot guarantee Property will supply additional items such as beach towels. The Property is cleaned prior to Tenant usaa san antonio tx corporate office and upon Tenant departure, but does not include daily maid service. Daily maid service can be arranged with a minimum of 24 hours’ notice for an additional charge. Other guest convenience items are offered at an additional charge and can be arranged prior to guest arrival. Preferences will be noted, but not guaranteed.LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY28. If Agent/Owner is forced to resort to employment of legal counsel, litigation or professional collection services in the collection of any amounts due LVR/Owner under this Agreement, Tenant shall be responsible for all costs of litigation and collection including, but not limited to, reasonable attorney‘s fees if LVR/Owner prevails in said legal action. In the event of any litigation or other dispute resolution, the parties agree that jurisdiction shall reside exclusively in respective county where Property is located.29. Every effort is made to ensure all information in LVR’s advertising is accurate and complete. However, LVR cannot be held responsible for typographical errors, omissions, price changes, and other changes made by owners within the units.30. In accordance with the National Association Realtors Standards of Practice and Code of Ethics, it is hereby disclosed that Landmark Vacation Rentals has contractual relationships with the Owners. This contractual relationship employs Landmark Vacation Rentals to act as the Agent of the Owner and treat all parties (Tenants and Owners) honestly, fairly, and in good faith. Units may or may not be owned by a Real Estate Licensee31. Landmark Vacation Rentals acts only as a sales agent for the Guest Protect Plan (Trip Cancellation and Interruption Coverage) administered by CSA. For questions regarding this plan call CSA at 866-999-04018, Group Plan Code 330CSA. Landmark Vacation Rentals receives compensation by selling this Plan.32. Notwithstanding any other assurance to the contrary, this lease is not binding or effective until signed by Tenant and Landmark Vacation Rentals, and advanced rent payments (reservation deposit and sales tax) is received by LVR.33. Tenant is responsible for abiding by all rules, regulations, and instructions in the Lease Agreement and/or posted in the units. An officer of Landmark Vacation Rentals must approve any exceptions to the above-mentioned rules, regulations and instructions in writing in advance.34. If at the time tenant is to begin occupancy of the property, Landmark Vacation Rentals or Owner cannot provide the premises in a fit and habitable condition, or occupancy is unavailable for some unavoidable reason, Landmark Vacation Rentals will make all efforts to substitute a reasonably comparable property for occupancy. In the event that Landmark Vacation Rentals is unable to do so, tenants exclusive remedy shall be a refund to tenant of all payments made. Tenant expressly acknowledges that in no event shall Landmark Vacation Rentals or Owner be held liable for any consequential or secondary damages, including but not limited to, any expenses incurred as a result of travel, costs of re-renting, etc. Tenant must submit any complaint regarding accommodation to Landmark Vacation Rentals, in writing, prior to checkout for consideration by Owner. The Tenant agrees to release, indemnify, and hold harmless the Owner and Landmark Vacation Rentals. This indemnification includes any and all costs and expenses, which may accrue to Owner or Landmark Vacation Rentals including reasonable attorney’s fees.35. In the event the property subject to this agreement is voluntarily transferred by Owner, Agent will advise Tenant of transfer of property in accordance with Sec. 42A-19 of the NC Vacation Rental Act.36. Landmark Vacation Rentals, the Owner, or their representative have the right to enter premises during tenancy to inspect, make repairs, or show property for sale.37. By their signatures as set forth herein, tenant expressly authorizes landlord and/or Landmark Vacation Rentals to deposit any and all advanced sums in an interest bearing account at United Community Bank, Highway 107 South, Cashiers, NC. It is understood and agreed that any and all accrued interest upon said amounts shall inure to the benefit of Landmark Vacation Rentals.38. The Provisions of Article 4 of Chapter 42A (“Expedited Eviction Proceedings”) of the NC Vacation Rental Act are applicable to this agreement.
POLK COUNTY-The Polk County Sheriff’s Office wants to advise anyone who is planning to rent out property for the upcoming World Equestrian Games (WEG) to know of a vacation rental agreement that could expedite an otherwise long process if someone needs to be evicted.
Sgt. Ryan Lail said he recently got to thinking about issues residents could run into, especially those who may decide to rent out their own property and stay elsewhere and return home to problems.
The vacation rental agreement of 1999 expedites eviction, Lail said.
“Otherwise it could take a month or more and a tenant could drag out the appeal process,” Lail said. “I have seen it go two to two and a half months.”
Lail said he recently had a resident who rented out their house in Green Creek to a party planner from out of state. The resident went through a real estate agent and what actually happened was the house was rented out for a rave, which was a pay to enter party and the home was severely damaged.
The Vacation Rental Act provides property owners with options to pursue and expedited eviction.
Information on the act can be found at: https://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_42A.pdf.
A search of N.C. General Statue 42A can also be done to find the information, Lail said, as well as websites such as FlipKey, Airbnb and VRBO.
Lail said to be clear, the provisions north carolina vacation rental laws the Vacation Rental Act of 1999 does not apply to lodgings such as hotels and motels, campgrounds, rentals to an individual renting for business or employment, or rentals for more than 30 days.
WEG is scheduled for the middle of September at the Tryon International Equestrian Center (TIEC), off Pea Ridge Road. Many residents are planning to do short-term rentals for visitors to the area.
In 1999, the N.C. General Assembly found that growth of the tourism industry in the state led to a vastly expanded market of privately owned residences that were being rented to tourists for vacation, leisure and recreational purposes.
“Rental transactions conducted by the owners of these residences, or licensed real estate brokers acting on their behalf, presented unique situations not normally found in the rental of primary residences for long term therefore making it necessary for the General Assembly to enact laws to regulate the competing interests of landlords, real estate brokers and tenants,” Lail said. “A vacation rental agreement has to contain the following notice on its face which shall be set forth in a clear and conspicuous manner that distinguishes it from other provisions north carolina vacation rental laws the agreement: “THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.”
Lail said any tenant who leases residential property subject to a vacation rental agreement may be evicted and removed from the property in an expedited eviction proceeding brought by the landlord or real estate agent representing the landlord if the tenant does one of the following:
- holds over possession after his or her tenancy has expired
- has committed a material breach of the terms of the vacation rental agreement, that, according to the terms of the agreement, results in the termination of his/her tenancy.
- Fails to pay rent as required by the agreement.
- Has obtained possession of the property by fraud or misrepresentation. B) only the right to possession shall be relevant in an expedited eviction proceeding. All other issues related to the rental of the residential property shall be presented in a separate civil action.
In the event a landlord needs to have an expedited eviction proceeding, the landlord or real estate agent will have to give the tenant at least four hours notice, either orally or in writing, the leave the premises. If reasonable efforts to give oral or written notice fail, Lail said, written ally financial pay car payment may be given by posting the notice on the front door of the property.
“A landlord under the Vacation Rentals agreement act remains subject to the same constraints as a permanent landlord, with regard to repairs and safety of the dwelling, and shall comply with all building codes, provide operable smoke detectors, and at least one carbon monoxide detector per level,” Lail said. “A landlord or real estate broker shall undertake measures to evict a tenant, pursuant to an expedited eviction proceeding, only when he or she has a good faith belief that grounds for eviction exists under the provisions of this Chapter. Otherwise, the landlord or real estate broker shall be guilty of an unfair trade practice under G.S. 75-1.1 and a Class 1 misdemeanor.”
The Polk County Sheriff’s Office is strongly encouraging anyone who is considering renting a dwelling as a vacation rental to thoroughly familiarize themselves with the laws concerning rentals.
“Failure to do so could result in the delayed return of the control of the property to the landlord or even civil liability,” Lail said. “We cannot provide legal counsel, such as assisting with the wording on rental contracts. Should you have any questions, we encourage you to seek advice from an attorney prior to entering into any agreement.”
Vacation Rental Agreement
- This is a vacation rental agreement under the North Carolina Vacation Rental Act (VRA), the rights and obligations of the parties to this agreement are defined by the 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.
- Owner/Agent does NOT guarantee weather, road or ski conditions, and therefore, NO REFUNDS are given as a result of these conditions. Transportation is the sole responsibility of Lessee. The Village of Sugar Mountain may require you to have four wheel drive, all wheel drive or chains on your tires so PLEASE COME PREPARED!!
- ARRIVAL AND DEPARTURE – Check-in after 4:00 PM; Checkout before 10:00 AM. Lessee agrees to schedule arrival and departure accordingly. Should tenant remain in unit beyond checkout time for any reason, a $35.00 late checkout fee will automatically be imposed until 12:00 PM, thereafter a full day rent shall be charged.
- LATE ARRIVALS – If you arrive after business hours, there is a large Late Arrival Bear located on the outside of the front door, where you will find a late arrival packet with your name on it. You will find a map, key, and parking pass enclosed in the envelope. PLEASE CALL AHEAD IF YOU THINK YOU ARE GOING TO BE CHECKING IN LATE.
- RESERVATION PAYMENT & DEPOSIT – A Reservation Deposit equal to one half of the total is required to confirm a reservation or the reservation will automatically be canceled. If you book online, you must call or email our office to decline the north carolina vacation rental laws interruption insurance within 24 hours of your making the online reservation to avoid being charged the insurance premium. The balance is due (15) day’s prior to arrival. There is a $25.00 charge for returned checks.
- TO AVOID ADDITIONAL CLEAN UP CHARGES: Tidy up and straighten unit. Wash & replace dishes, silverware, pots and pans in proper places. Close windows, lock doors and turn heat to LOW setting. Return keys to rental office upon departure.
- CANCELLATIONS – Cancellations must be received by Owner’s Agent in writing. Refunds are not given unless the rental unit is re-rented for the exact dates of the reservation. If the rental unit is re-rented, Lessee will receive a refund of monies paid minus a $30 cancellation fee and trip north carolina vacation rental laws insurance, if purchased.
- NO SHOW – The Property will be reserved by the Lessee until 12:00 PM for the day immediately following the arrival date on the front side of this contract. If the Lessee has not prepaid the balance due, or checked in by this time, the Owner’s Agent shall have the right to cancel this Contract and pay Reservation Deposit to the Property Owner.
- SECURITY DEPOSIT – A $45.00 non-refundable Insurance Premium is included in the total price of the reservation and covers up to $3000 worth of ACCIDENTAL damage. In the event of malicious or non-accidentail damage, tenant will be contacted and notified that the damage was not reported and was not detemined to be of an accidental nature. In that event, tenant agrees the credit card on file will be charged for repair of broken items. PLEASE REPORT ANY ACCIDENTAL DAMAGE TO OFFICE SO WE MAY PROCESS YOUR CLAIM.
- CONDTION OF PREMISES – The property you have rented is a privately owned dwelling with Sugar Ski & Country Club, HOA, Inc. acting solely as Owner’s Agent. It is rented with the Property Owner’s furniture and household furnishing or equipment. The Owner’s Agent shall not be responsible for providing any additional furnishings or equipment. Owner and Owner’s Agent shall attempt to maintain in good safe working order and all efforts will be made for timely repairs to electrical, plumbing, sanitary, heating, ventilating and other facilities and major appliances supplied by Owner/Agent. No Lessee incurred expenses shall be deducted from the rental fees. Properties are furnished for light housekeeping and basic needs.
- CONDTION OF AMENITIES – Sugar Ski& Country Club Management will make every effort to maintain on-site amenities in good working order. However, given the difficulty in repairing such items tenant understands that agent cannot guarantee all amenities to be working properly during length of stay. Tenants will not be entitled to refund should such a situation arise.
- LINENS & DEPARTURE CLEANING – Linens, soap, tissue, garbage bags, are provided. Extra items are available at an additional cost. Daily maid service is not provided. We north carolina vacation rental laws that you bring extra towels for the pool
- SUBJECT TO CHANGE – Amenities, features, facilities, and bed arrangements are subject to change without notice or compensation. Changes can occur as a result of the sale of the Property, remodeling, replacement, and servicing, or mechanical failure.
- NOT ALLOWED -The following are not allowed and constitute a breach of contract that will result in eviction, loss of deposit and/or rent, and possible fine and/or imprisonment: Cooking on balcony with grills or otherwise (you can grill at Gazebo’s on property), Loud noise or music; Fireworks (illegal in North Carolina); obnoxious, dangerous, or unlawful behavior; Pets; House Parties; Campfires, Commercial use of property, Campers, tents, or RV’s; No use of the property that violates any criminal law or regulation. Exceeding published occupancy limitations; Removal of any item from the property. Smoking is not allowed in any of the stairwells. NO HOUSE PARTIES. The Owner’s Agent rents strictly to families and mature adults only. No children will be allowed to check in without their parent(s). Parents must occupy the same property as children during the term of this agreement.
- AGE OF OCCUPANT – Lessee must be 21 years of age or older.
- NO PETS. Pets are not allowed by guests in any of the rental properties. Violation of this provision will result in immediate eviction and the Reservation Deposit, Rent, Security Deposit will be forfeited.
- LOCKOUTS. If management is contacted after hours for a unit lock out, guests will be charged a minimum of $50.00. Any locksmith charges will be an additional expense to guest.
- LIMITED PARKING – Due to limited parking, only two parking robins financial credit union jobs per unit will be issued. Please arrange to have no more than two vehicles on premises while you are staying here at SSCC. Unidentified vehicles are subject to towing.
- TRANSFER OF PROPERTY BY OWNER – in accordance with Section 42A-11(b)(5). IF this Rental Agreement is to end 180 days or less after recorded change of ownership, the tenant has the right to enforce this contract. If this Rental Agreement is to end more than 180 days after the recordation, the tenant has no right to enforce the terms of this agreement unless the new owner agrees in writing to honor the agreement. The Owners Agent shall notify Lessee of the change in ownership and whether the Lessee has the right to either occupy the property or to receive a refund. Upon termination of the landlords’ interest in the property, for any reason, all advance rents shall be transferred to the new owners account, within 30 days of the change of ownership. If this Rental Agreement is to end more than 180 days after recordation, the same 180-day rule as above shall apply.
- THIRD PARTY AGREEMENT FUNDS – At times, this management firm will enter into third party agreements for the benefit of our guest. Tenant will be entitled to a reimbursement of any fees paid to this management firm for goods, services, or benefits procures by the management firm from third parties for the benefit of the tenant that have not been paid out prior to cancellation
- SUBSTITUTION AND CANCELLATION BY OWNER – This Agency reserves the right to move any reservation should the original property booked become unavailable due to any unforeseen circumstances (i.e. no longer in Rental Program, Owner’s use, act of God, etc.). The Owner’s Agent may provide the Lessee with substitute comparable accommodation without notice for the same period without liability, or breach of contract. If Owner’s Agent is unable to provide substitute comparable accommodations, the Owner’s Agent’s liability shall be limited to refund best bank to open checking account online rents and/or deposits. If Owners Agent locates an available unit at a higher price, tenant will be responsible for the difference in price.
- RIGHT OF ENTRY – Owner’s Agent, or his representative, shall have the right to enter the Property at reasonable hours for the purpose of making repairs or inspections. If the Property is listed for sale, the Lessee agrees to allow the unit to be shown by appointment.
- SUBLETTING OR ASSIGNMENT – Lessee cannot sublet or assign the Rental Contract without the Owner’s Agent’s written consent.
- RULES, REGULATIONS, AND LAWS. Lessee agrees to adhere to the Rules, Regulations, and Laws affecting the State, City, County, Home Owner’s Association, Property, and SSCC Rentals and assumes complete responsibility for the actions of the Lessee’s guests, visitors, children, spouse, and/or relatives.
- LOST AND FOUND – Owner’s Agent will not be responsible for any personal items that are lost or left in the unit or on property.
- OWNER’S STORAGE – Secured storage space is reserved for the Property Owner and is not included within this rental.
- NONLIABILITY AND INDEMNIFICATION OF OWNER’S AGENT – Lessee agrees to indemnify and save harmless the Owner’s Agent from any and all costs, expenses, legal proceedings, attorney’s fees, suits, claims, or demands whether from loss of life, damage to personal property, theft, or injury to the Lessee, Lessee’s family or guests, and/or visitors entering the Property or the building or the grounds in which the Property is a part, including but not limited to pool, hot tub, sauna, and Jacuzzi area, tennis/basketball court and shuffleboard court, unless caused by negligent act of management firm or owner. Lessee waives all security provisions.
DEFAULT BY LESSEE – Lessee agrees that upon violation of any conditions, agreements, restrictions, covenants, and obligations of this Contract, the Owner’s Agent may terminate this Contract and enter the Property by force or statutory proceedings, in which case any and all moneys paid by the Lessee will be forfeited by the Lessee as liquidated damages in addition to, and not in lieu of any right or remedy available under law.
You've paid for the rental, but Mother Nature steps in. What now?
Hurricanes and other natural disasters are responsible for millions of dollars of property damage and loss of life. Measured against the latter, especially, questions from would-be beach and mountain vacationers concerning their pre-paid vacation rentals might seem rather inconsequential. But if you consider how many vacation rentals are out there, the amount of money at stake is impressive. Tenants want to know: Having paid for a weekend or weeks stay at the beach or in the mountains, which they could not use, are they entitled to a full refund?
No Ones to Blame, But the Deal Can't Go Through
The legal issue that's involved when a disappointed vacationer asks for a refund is pretty straightforward: When a contract (most states consider leases a form of contract) cannot be honored because the purpose of the deal has become impossible to implement through no fault of either party, what happens to any pre-paid money? The classic situation involves what can happen with a hurricane: Acts of God, or weather events that either destroy the object of the contract (the house), or make the contract impossible to perform (access roads flooded or closed as a result of the weather).
Mandatory Evacuation Orders
The weather isn't the only factor that can frustrate vacation rental contracts. Hurricanes are literally on the radar of weather experts days before making landfall. Predictions of its ability to drop huge amounts of rain resulted in prompt warnings by local officials to get out of the storm's way.
Voluntary evacuation orders, triggered by declarations of a state of emergency, can turn to mandatory orders. Most states make it a misdemeanor to violate the emergency statute that gives the government the power to order evacuations.
So, Do I Get My Money Back?
Whether a disappointed vacationer is entitled to a refund depends, in most cases, on what the rental contract has to say. Although many states have statutes that cover this situation when the lease doesn't address it, and general principles of law will kick in when both the contract and state law are silent on the issue, there's usually nothing wrong (or unlawful) with landlords and tenants coming up with their own solutions in the lease. In the majority of cases, a judge will enforce the rule found in the lease.
Rules in the Lease. A comprehensive lease will address the possibility that the landlord won't be able to deliver the rental as promised. A good clause will avoid slippery phrases such as due to the elements (strictly speaking, elements include air, fire, water, and earth—not the way we generally think of weather events), and Acts of God. Instead, the lease will specify what will happen if the landlord cannot deliver the property through no fault of his or her own. Many clauses provide for a total refund, a partial refund, or no refund at all. When no refund is specified, renters are often urged to purchase travel insurance, which should kick in if a fire, hurricane, or other unforeseen event makes the rental impossible.
State Laws. States sometimes write their own laws, which will apply if the rental contract has not covered this situation. Understandably, states with lots of vacation rentals are the ones likely to have legislated some solutions. For example, North Carolina has a comprehensive Vacation Rental Act. (N.C. Stat. Ann § 42A-1 and following). The law directly addresses what will happen when mandatory evacuation orders affect the rental: Tenants are entitled to a refund, but not if they have either refused the landlords or brokers offer of insurance (which would have compensated them for loss of use), or if they purchased insurance that covers the situation.
California, which has a robust vacation rental scene, has not passed legislation covering these rentals. This results in a rather harsh rule, following a 1926 case. Chase bank pre qualified credit card the rental agreement specifies otherwise, prepaid rent cannot be recovered when the property has been destroyed (Pedro v. Potter, 197 Cal. 751 (1926)).
The Default Rules. In some situations, neither the lease nor state statutes or cases will address the problem of pre-paid rent for a vacation rental that can't be enjoyed. When that happens, a court is likely to look for past similar cases from higher courts and follow the solutions handed down. Most courts will insist that prepaid money be refunded, as long as the event that frustrated the lease was not only beyond the power of the landlord to control, but unforeseen. That last requirement triggers lots of arguments—are hurricanes during hurricane season truly unforeseen? What about road closures in the mountains in the winter—when they happen frequently, isn't this a risk that tenants are assuming? The answer is likely to be yes, especially when the landlord has urged the renter to purchase insurance.