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Sample Lease 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."
RESERVATIONS AND PAYMENTS
1. All beach houses and condos are rented from Saturday to Saturday, or Sunday to Sunday depending on which property, June through August (peak season). Partial week rentals are also available during the Peak Season, if the reservation is made 14 days prior to the desired check-in date. Most properties have a two night minimum requirement per reservation, however, minimum requirements may vary and are indicated on the property page. Reservations can be made during regular office hours which are Monday-Saturday 9AM to 5PM, as well as online 24 hours 7 days per week. During Peak Season dates, our office is open on Sundays from 9-5 as well. After making a reservation you will receive an advance rental request/lease agreement via email, mail or fax. Please check all information for accuracy. READ the agreement, please indicate whether or not you Accept or Decline Trip Interruption Insurance, initial and sign where indicated, return it along with 50% of the total rental amount and the full amount of Trip Interruption Insurance. This needs to be completed within 10 days of making the reservation. Acceptable forms of payment are personal check, money order or certified funds. If the check-in date is to occur within 30 days of making your reservation, we require that your payment is paid in full via Credit Card (MasterCard or Visa) at the time of reservation. Unconfirmed reservations may be canceled after the 10th day, our office makes every attempt to contact guests prior to canceling reservations. The balance of the rental payment must be received in our office 30 days prior to the check-in date.10th day, our office makes every attempt to contact guests prior to canceling reservations. The balance of the rental payment must be received in our office 30 days prior to the check-in date.
TERMS OF PAYMENT
2. For reservations made more than 30 days prior to check-in, we accept electronic checks (E-Checks), personal checks, business checks, cashiers checks and/or money orders. For reservations with a check-in date within 30 days or less we require payment in full by Discover, MasterCard, Visa or American Express at the time of making the reservation, or overnight Certified Funds. Credit card transactions may be subject to a service fee. There is a $25.00 fee for returned E-Checks or personal/business checks. All prices/fees are subject to a 7% North Carolina Sales Tax as well as a 6% New Hanover County Room Occupancy Tax.
3. Keys and check-in packages are to be picked up at the Carolina Beach Realty offices located at 1009 B3 North Lake Park Blvd, Carolina Beach, NC 28428. To permit us time to clean and inspect the rental units, we must adhere to a 4:00PM - 6:00PM check-in time on the day your rental begins. Occasionally there is opportunity for an early check-in (additional fee), please inquire with our office prior to early arrival. You must let us know, in advance, if you plan to check-in after 6PM so that we may make arrangements for your late arrival. Late check-ins will be placed in our after-hours box; our office staff will provide you with instructions.
4. Check-out time is 10 AM (STRICTLY ENFORCED). Upon departure, guests are required to remove all food items from the premises, put dirty dishes in dishwasher and run the cycle, place all trash in the outside receptacle, turn air conditioner to 80 degrees in summer/heat to 55 degrees in winter. Remove all personal items and return all keys/parking passes to Carolina Beach Realty.
5. The cost of each reservation includes Damage Protection, which covers guests for up to $2000 of "ACCIDENTAL" damage. Carolina Beach Realty does not require the payment of a security deposit. Please be advised that "Damage Protection" does not cover willful neglect. All damage must be reported at the time in which it occurs or at the latest at the time of check out.
6. All properties are individually owned and furnished according to each owner's preference. All are equipped with electric ranges, refrigerators, furniture, cooking utensils, dishes, flatware, glassware, color cable TV, air conditioning, pillows and bedspreads and SOME are equipped with a telephone which is available for local calls only. Linens are included with all reservations. Bed-making services are included only for weekly reservations during June, July and August. Paper products, other toiletries, and disposable items are not provided. Carolina Beach Realty makes every effort to keep all appliances in good working order but sometimes failures are inevitable. No appliances are guaranteed. There are no refunds for equipment failures; however, we will make every effort to repair any and all failures as quickly as possible.
7. We maintain a family atmosphere to assure maximum enjoyment for all of our guests. We rent only to family groups, married couples and responsible adults over the age of 25. The occupancy of each rental unit is designated on the rental lease agreement as Max Occupancy. Only children who sleep in cribs are not counted in total occupancy. Any use of the premises for purposes other than family vacation must be addressed at the time of reservation. Large groups must be pre-approved by the Agent/Landlord. Additional damage/cleaning deposit as well as additional rent will be required. We do not facilitate weddings at any of our rental locations
8. If you must cancel a reservation, notify our office as soon as possible. Upon receipt of advanced rent deposit, funds are distributed to owners on a monthly basis. If a reservation is canceled, regardless of the reason, any advance rent payment WILL NOT BE REFUNDED unless the property is re-rented for the same period and deposit has been received from the new tenant. If re-rented, then the advance rent less a cancellation fee of $100.00 and less Trip Interruption Insurance will be refunded.
9. Carolina Beach Realty does offer quite a few "Pet-Friendly" properties for rental. Therefore, we would like to make you aware of rules regarding dogs on the beach. Such rules are as follows: - Carolina Beach - Dogs are allowed on the beach between the hours of 5pm and 9am. During the times that dogs "are" allowed on the beach, they must remain on a leash at all times and the owner must pick up after their dogs. Owners must have the means by which to pick up after their dogs as well. - Kure Beach - Dogs are not allowed on the beach between April 1 - September 30. During the times that dogs "are" allowed on the beach, they must remain on a leash at all times and the owner must pick up after their dogs. Owners must have the means by which to pick up after their dogs as well. - Freeman Park (North End) - Dogs are allowed year-round. They must be on a leash during April 1-September30 and can be off leash between the dates of October 1 - March 31, as long as they remain under voice command.
Carolina Beach Realty does charge a Pet Fee. This fee starts at $75/per pet and increases depending upon the size of the rental unit. If a pet is found in or on any premises that do not allow pets, there will be a non-refundable extermination fee of $75.00 plus tax as well as mandatory removal of the pet. In addition, guests/renters will be asked to vacate the premises for breach of rental/lease contract.
10. Non-returned or missing keys will incur a $50.00 fee per key and/or a $50.00 fee per entry/pass card. The fee for non-returned parking passes is $100.00 per pass. All keys, parking passes and or entry cards must be returned to Carolina Beach Realty's office NO EXCEPTIONS or they will be deemed missing. In the event of renter lock-outs there will be a $30.00 charge for the delivery of an entry key.
11. We ask that our guest report any breakage or damages upon occurrence and settle the matter before departure. All rental units are carefully checked for damages after guest departure.
LOST & FOUND
12. Carolina Beach Realty will not be responsible for any personal items left in or around units. If items are found, they will be held at office. It is tenants responsibility to retrieve items. Any items not retrieved after 90 days will be donated to charity or discarded.
13. Local fire ordinances prohibit the use of outdoor grills on decks, porches, balconies, etc.; of condominiums and townhouses. Please note: where propane grills are provided, guests are responsible for providing propane to operate grills.
JACUZZIS, HOT TUBS & POOLS
14. Absolutely no glass is allowed in or around Jacuzzis and hot tubs. Also, no children under the age of 5 are allowed in Jacuzzis and/or Hot Tubs. Guests are at NO TIME permitted to dive in to pools. Pools are not to be accessed via decks or balconies located above pool. Carolina Beach Realty offers various properties that are equipped with pools where a private balcony overlooks the pool. By signing this agreement each guest agrees to use proper judgment and to not neglect the possibility of bodily harm if guest(s) are negligent in using proper judgment to avoid acting in such a manner that may result in such bodily harm.
If a guest pays for a heated pool, the thermostat will be set at a maximum of 80 degrees. Please note that the pool temperature will only reach approximately 20 degrees above the outside air temperature, at best.
TRIP INTERRUPTION INSURANCE-HURRICANE POLICY
15. In the event of a mandatory ordered evacuation of Pleasure Island by Emergency Management Authorities all guests must evacuate immediately. Carolina Beach Realty will advise all guests along with emergency personnel. You must be sure to drop off keys at our rental office. Carolina Beach Realty inspects each property before any guest may re-enter the unit after a hurricane. Guests may not return following a hurricane until each unit is inspected. Carolina Beach Realty does not reimburse for natural disasters. However, TRIP INTERRUPTION INSURANCE is available to purchase, as it offers additional coverage such as, death in the family, medical emergencies as well as a mandatory Hurricane evacuation. It does not insure against house or condo damage causing uninhabitable conditions on future rentals. Click here for a full description of travel insurance coverage.
PLEASE NOTE: Section 42A-36 of the North Carolina Vacation Rental Act, If State or local authorities, acting pursuant to Article 1A of Chapter 166A of the General Statutes, order a mandatory evacuation of an area that includes the residential property subject to a vacation rental, the tenant under the vacation rental agreement, whether in possession of the property or not, shall comply with the evacuation order. Upon compliance, the tenant shall be entitled to a refund from the landlord of the rent, taxes, and any other payments made by the tenant pursuant to the vacation rental agreement as a condition of the tenant's right to occupy the property prorated for each night that the tenant is unable to occupy the property because of the mandatory evacuation order. The tenant shall not be entitled to a refund if: (i) prior to the tenant taking possession of the property, the tenant refused insurance offered by the landlord or real estate broker that would have compensated the tenant for losses or damages resulting from loss of use of the property due to a mandatory evacuation order; or (ii) the tenant purchased insurance offered by the landlord or real estate broker. The insurance offered shall be provided by an insurance company duly authorized by the North Carolina Department of Insurance, and the cost of the insurance shall not exceed eight percent (8%) of the total amount charged for the vacation rental to the tenant less the amount paid by the tenant for a security deposit. (1999-420, s. 1; 2005-292, s. 3; 2009-245, s. 2; 2012-12, s. 2(h).)
PROPERTY FOR SALE
16. In the event that the property that you rent is For Sale, we may need to show the property during your visit. We will make every effort to schedule the showing at a convenient time and not interrupt your vacation. Should the unit be conveyed to a third party prior to the date of your vacation rental, you will be notified as soon as possible, guests have the right to cancel. Otherwise Carolina Beach Realty will make every attempt to find a comparable property.
A. All monies received by Carolina Beach Realty are deposited in a trust account with Bank of America, 155 N. Front Street Wilmington, NC 28401; a federally insured institution. Any interest earned shall be paid to agent. B. Article 4 of the North Carolina Vacation Rental Act, http://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=42a authorizes the rental agent, by law, to evict a tenant under certain circumstances. Please refer to a copy of the lease, which will be provided and is hereby incorporated by reference. C. Carolina Beach Realty receives compensation for services such as linen/towel rental, beach equipment rental, Trip Interruption Insurance and other processing/administrative fees. D. Carolina Beach Realty reserves the right to substitute comparable accommodations without notice or liability. E. Carolina Beach Realty will not be responsible for any accidents occurring on or because of rental property. F. Every effort has been made to insure the accuracy of all information provided. Carolina Beach Realty will not be responsible for errors in information and reserves the right to make any necessary changes. G. All rates, descriptions, and availability are subject to change without notice. H. All rentals properties are privately owned and decorated by their owners. There are no refunds because of tenant dissatisfaction with unit’s decor, any equipment malfunction or for errors in advertisement of property.
Carolina Beach Realty DOES NOT allow wedding events at any of our properties. Any violation of this rule is a violation of this agreement and will result in immediate eviction