VACATION
RENTAL AGREEMENT
This
is a vacation rental agreement under the North Carolina Vacation
Rental Act (NCVRA). 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 after receipt of the agreement, is
evidence of your acceptance of the agreement and your intent to use
this property for a vacation rental.
RENTAL CONFIRMATION and LEASE AGREEMENT:
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Guest Name:
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Nags
Head Realty
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800-222-1531
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And
Address:
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PO
Box 130, Nags Head NC 27959
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252-441-0447 (Fax)
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252-441-4315
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info@nagsheadrealty.com
www.nagsheadrealty.com
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(1)
Folio Number:
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(3)
Check-In Office:
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Nags
Head
4:00 pm Check-In
10:00 am Check-Out
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(2)
Property Name:
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(4)
Arrival Date:
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Return
signed lease and payment within 7 days
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(5)
Departure Date:
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(6)
PAYMENT INFORMATION:
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Rent
Reservation Fee
Security Deposit
Travel Insurance Premium
Tax
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VALID
CREDIT CARD
#__________________________exp.
date______
I
authorize the use of the above valid
MasterCard/Visa/Discover to serve as the DEPOSIT PAYMENT for
this leased property.
________________________________________
Signed
Date
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Total
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Received
on Account
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Total
Outstanding
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(7)
First Payment amount:
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Due
by:
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(1/2
Rent and insurance premiums)
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(8)
Second Payment Amount:
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Due
by:
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(1/2
Rent and sales tax – PLEASE MARK YOUR CALENDAR – NO
REMINDERS SENT)
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(9)
To Charge your first payment initial here:
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*2%
credit card convenience fee for any payments made by credit card. In
consideration of the mutual covenants & conditions herein, the
Agent, solely on behalf of the Owner, does hereby lease and rent to
the Tenant the Property named herein on the following terms and
conditions in addition to the CONFIRMATION PROVISIONS set forth
herein and the Rental Brochure:
1. Reservations: Once a reservation is taken by Agent, Tenant must
forward a signed agreement and make payments at times
specified
in Agent's policies. Unless the agreement and all required payments
are received by Agent when due the reservation may be cancelled
without further notice and subject to the terms of Paragraph 7.
Payment for Rentals less then 30 days to arrival is required
immediately upon reserving.
2. Payment
Policies: All payments are due no less than 30 days prior to
check-in. Payment can be made by MasterCard, Visa, money orders,
cashier's or certified checks, company checks & personal checks
subject to the following conditions:(a) When payment is made by
credit card the person named & endorsing the Rental Agreement
must also be the person whose name is on the credit card; (b) No
personal checks or company checks will be accepted at check-in; and
(c) A $25.00 service fee will be charged for all returned
checks.
3.
Reservation Fee: A non-refundable fee of $72.00 plus tax is charged
on all tenancies.
4. Taxes:
A 6.75% North Carolina Sales Tax and a 5% Dare or 6% Currituck
County Occupancy Tax are required on all rentals. TAXES ARE SUBJECT
TO CHANGE.
5.
Security Deposit: Most tenancies require a security deposit. North
Carolina law allows such security deposit to be up to twice the
amount of the weekly rental rate. The deposit may be used by the
Owner for actual property damage, long distance phone calls, cable
TV charges, or other expenses caused by Tenant and allowed by NCGS
42-51. This deposit will be accounted for and refunded (less
allowable deductions) within 45 days of your departure.
6. Security Deposit Waiver is an optional Deposit waiver that
protects you from theft or damage, which results from an accident
within the unit. The Damage Waiver does not cover negligent or
willful and wanton conduct and losses from the same will be handled
pursuant to Paragraph 5. For a full description of the plan, please
refer to the enclosed brochure detailing full terms & conditions
that apply. If a Description of Coverage is not enclosed, please
contact Nags Head Realty for a copy. You must notify Nags Head
Realty of any damage of theft to the unit during your occupancy, or
this plan is void. Payment for the Waiver will not be accepted after
reservation is paid in full. If you decide not to purchase the
Security Deposit Waiver, the listed security deposit as shown above
will be automatically added to your balance due. This coverage is
optional and nonrefundable. To decline coverage initial
here______________.
7.
Trust Deposits: ALL PAYMENTS MADE BY TENANT WILL BE DEPOSITED IN
TRUST ACCOUNT AT RBC CENTURA BANK,NAGS HEAD NC 27959. An amount not
to exceed 50% of the total rental rate may be disbursed to the Owner
prior to occupancy. Fees owed
to third parties to pay for goods, services or benefits procured for
the benefit of the Tenant, as well as the $67.00 reservation fee may
be disbursed prior to occupancy. All other funds remaining in the
trust account will not be disbursed until: a)commencement of the
tenancy; b)a material breach by the Tenant; c)the money is refunded
to the Tenant; or d) the termination of the Owner's interest in the
Property.
8.
Cancellations:
If a reservation is cancelled and not re-rented for the cancelled
period, all advance payments, except the Security Deposit, will be
forfeited. If the property is re-rented for the contract amount all
money prepaid will be refunded except the trip insurance premium and
a $70.00 cancellation fee. All cancellation or transfer requests by
Tenant must be in writing. If the property is re-rented for less
than the contract amount, the refund will be further reduced by the
difference between the contract amount and the amount actually
received.
9.Transfer of Property: (a) If the Owner voluntarily transfers the
Property, Tenant has the right to enforce the Agreement against the
grantee of the Property if Tenant's occupancy under this Agreement
is to end 180 days or less after the grantee's interest in the
Property 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 Property, unless
Agent is to continue as grantee's agent, the grantee or the
grantee's new agent is required to: (i) notify Tenant in writing of
the transfer of the Property, the grantee's name and address, and
the date the grantee's interest was recorded; and (ii) advise Tenant
whether Tenant has the right to occupy the Property subject to the
terms of this agreement or receive a refund of any payments made by
Tenant. (b) Upon termination of the Owner's interest in the
Property, whether by sale, agreement, 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 Property, 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.
10.
Other Non-availability of Property: In the event that the Owner is
unable to deliver the Property to Tenant at check-in because of
fire, eminent domain, act of nature, double booking, delay in
construction or any other reason whatsoever except as specified in
Paragraph
9 above, Tenant's sole remedy as a result of any of these
conditions is the full refund within 60 days of Agent's discovery
of the condition of all funds previously received from Tenant less
fees paid to third parties for the benefit of Tenant as authorized
by Paragraph 7. If Agent is able to relocate Tenant, Tenant agrees
to pay any difference in rental rate. Tenant expressly
acknowledges that in no event shall Agent or Owner be responsible
for any expenses incurred as a result of moving Tenant.
11. Trip Insurance: Trip Insurance is available & offered
through Agent & is strongly recommended. Insurance is intended
to protect Tenants in the event of unforeseen circumstances that
cause cancellation or interruption, included but not limited to
mandatory evacuations of the area after check-in. Tenant will be
provided with a document from the insurer detailing coverage upon
purchase of insurance. There will be no refunds for any perils
insurable by trip insurance. Trip insurance shall be the sole
remedy for the occurrence of such perils. To accept coverage, pay
the premium together with the Advance Rent Payment. You have 10
days to cancel trip insurance after premium has been received by
our office. There will be no refunds of trip cancellation
insurance premium after the 10-day period has passed. If trip
insurance is declined, please initial where indicated. To
decline coverage initial here__________.
12. Evacuations:
THERE WILL BE NO REFUNDS DUE TO INCLEMENT WEATHER, INCLUDING
HURRICANES. If state or local authorities order a mandatory
evacuation of an area that includes the residential property
subject to this vacation rental, the Tenant shall comply with the
evacuation order. Upon compliance, the trip insurance shall be the
sole compensation to the Tenant for losses resulting from the
evacuation. The Tenant will not be otherwise entitled to a refund
if prior to the Tenant taking possession of the property the
Tenant refused the insurance offered by Agent in paragraph 10.
13. Other Refunds: There will be NO REFUNDS unless at the time the
Tenant is to begin occupancy the property is unfit and
uninhabitable and no substitute can be found. The malfunction of
equipment including but not limited to air conditioning, TV, pool,
hot tub, appliances, power outage and telephone service will not
automatically render the property unfit and uninhabitable. No
Amenities are Guaranteed. Every effort will be made to ensure that
all equipment is in working order. Please report any inoperative
equipment to our office promptly. Owner's representatives may
enter Property during reasonable hours to perform maintenance.
14. Equipment and Furnishings: All properties are equipped for
normal housekeeping items but Tenant must furnish paper products,
cleaning supplies and linens. Properties are furnished according
to individual Owner tastes. Agent is not responsible for Owners
changing their furnishings after printing the brochure or errors
contained therein.
15. Check-In: Tenants must check-in after 4:00 p.m. at our office
located at 2300 S. Croatan Highway, Nags Head. Do not go to your
property prior to check-in as this may delay your check-in. No
check-in will be allowed until all rent, taxes and fee have been
paid in full. If you are unable to arrive at our office prior to
closing, please call for special instructions. In extreme
situations check-in time may be delayed until 6:00 p.m. for
special cleaning and/or maintenance.
16. Check-out: On the day of departure the unit must be vacated by
10:00 a.m. The keys must be returned to our office. The property
should be left clean and ready for the next occupant. Failure to
follow check-out procedure may result in a reduction of your
security deposit refund.
17.
Pets: Unless stated otherwise pets are not allowed in any of our
units. For those units allowing pets only 2 dogs are permitted
unless prior approval is granted. If you bring a dog, a
non-refundable fee of $70.00 (unless noted in unit description)
plus Tax is charged for cleaning and flea extermination.
18. Maximum Occupancy: Tenant should not permit the unit to be
occupied beyond maximum occupancy. NC environmental health
regulations indicate that generally the maximum occupancy for a
residential dwelling is 2 people per bedroom. Violation of this
prohibition will result in eviction and forfeiture of all monies
paid. No RV's or Campers may be parked at the unit for the purpose
of extra sleeping capacity.
19.
Family Groups Only: Tenant listed above acknowledges that he/she
is at least 24 years of age and understands that he/she must
personally occupy the property for the entire period. Our units
are not rented to non-family groups. No sororities, fraternities,
students, graduation, chaperoned or un-chaperoned groups are
allowed. If a group misrepresents itself to be a qualified Tenant
and reserves the unit, it will be a material breach. Owner or
Agent reserves the right to refuse occupancy or have the Property
vacated without refunding any funds previously paid. Tenant is
invited to consult with Agent prior to signing this Agreement to
assure that it is a qualified Tenant.
20. Pools & Hot Tubs: Use of Pools & Hot Tubs can pose
risks ranging from infections to drowning. Please use these
facilities with care and at your own risk. Pools & Hot Tubs
may be visited by pool/spa workers during the week in order to
monitor water quality. Please DO NOT remove floating or other
devises that contain cleaning chemicals. If a cleaning is required
during your stay due to misuse, the cost will be charged to the
tenant.
21. Other Owner and Tenant Duties: Pursuant to the Vacation Rental
Act Owner shall: 1. Comply with all current applicable building
and housing codes. 2. Make all repairs and do whatever is
reasonably necessary to put and keep the property in a fit and
habitable condition. 3. Keep all common areas of the property in
safe condition. 4. Maintain in good and safe working order and
reasonable and promptly repair all electrical, plumbing, sanitary,
heating, ventilation, and other facilities and major appliances
supplied by him or
her
upon written notification from the Tenant that the repairs are
needed. 5. Provide operable smoke detectors. The Owner shall
replace or repair the smoke detectors if the Owner is notified by
the Tenant in writing that replacement or repair is needed. The
Owner shall annually place new batteries in a battery operated
smoke detector, and the Tenant shall replace the batteries as
needed during the tenancy. Failure of the Tenant to replace the
batteries as needed shall not be considered negligence on the part
of the Tenant or Owner. These duties shall not be waived; however,
the Owner and Tenant may make additional covenants not
inconsistent herewithin the vacation rental agreement. The Tenant
shall: 1. Keep that part of the property he or she occupies and
uses as clean and safe as the conditions of the property permit
and cause no unsafe or unsanitary conditions in the common areas
and remainder of the property. 2. Dispose of all ashes, rubbish,
garbage, and other waste in a clean and safe manner. 3. Keep all
plumbing fixtures in the property or used by the Tenant as clean
as their condition permits. 4. Not deliberately or negligently
destroy, deface, damage, or remove any part of the property or
render inoperable the smoke detector provided by the Owner, or
knowingly permit any person to do so. 5. Comply with all
obligations imposed upon the Tenant by current applicable building
and housing codes. 6. Be responsible for all damage, defacement,
or removal of any of the property inside the property that is in
his or her exclusive control unless the damage, defacement, or
removal was due to ordinary ware and tear, acts of the Owner or
his or her Agent, defective products, acts of third parties not
invitees of the Tenant, or natural forces. 7. Notify the Owner of
the need for replacement or repair to a smoke detector. Tenant
agrees not to use Property for any activity or purpose that
violates any criminal law or governmental regulation. Tenant's
breach of any duty contained in the paragraph shall be considered
material, and shall result in the termination of Tenant's tenancy.
22. Acceptance of Policies: TENANT ALSO AGREES TO COMPLY WITH THE
POLICIES OF AGENT CONTAINED IN THE RENTAL BROCHURE AND AGENT'S WEB
SITE WHICH HAVE BEEN READ BY TENANT AND ARE INCORPORATED HEREIN BY
REFERENCE TO THE EXTENT NOT INCONSISTENT WITH THE OTHER PROVISIONS
OF THIS AGREEMENT.
23. Expedited Evictions: Any Tenant who leases residential
property subject to a vacation rental agreement for 30 days or
less may be evicted and removed from the property in an expedited
eviction proceeding if the Tenant does one of the following: 1)
Holds over possession after his or her tenancy has expired. 2) 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 or her tenancy. 3) Fails to pay rent as
required by the agreement. 4) Has obtained possession of the
property by fraud or misrepresentation.
24. Agent's Ownership: Agent and/or its employees may have
Ownership interests in some of the unit(s) offered for rent.
Vendors, Agencies, Utilities and /or others may pay fees or
commissions to Agent for using their services. Such fees or
commissions are deemed solely the income of Agent.
25. Indemnification and Hold Harmless; Right of Entry; Assignment:
Tenant agrees to indemnify and hold Agent and the Owner harmless
to the extent allowed by law from and against any liability for
personal injury or property damage sustained by any person
(including Tenant's guests). This provision is not intended to
insulate Owner from the obligation to comply with the duties
imposed by the Vacation Rental Act and set forth in paragraph 19
above. Tenant agrees that the Owner or their respective
representatives may enter the Property during reasonable hours to
inspect the Property, to make such repairs, alterations, or
improvements thereto as Owner may deem appropriate or necessary
pursuant to the Vacation Rental Act. It is understood and agreed
that Agent is retained by Owner to manage his property for rental
purposes and not to inspect, maintain, or repair the structural
integrity of the Property. Owner will make arrangements with other
independent contractors for those purposes. Tenant shall not
assign this Agreement or sublet the Property in whole or part
without written permission of Agent.
26. Applicable Law: This Agreement shall be governed by and
construed in accordance with the laws of the State of North
Carolina and, in the event of a dispute, any legal action may be
maintained only in the county where the subject Real Property is
located.
27. Entire Agreement: This Agreement is the entire agreement among
the parties with respect to the subject matter hereof, and no
representations or covenants, whether oral or written, have been
made regarding the subject matter hereof except as provided
herein.
28. Severability: Every provision of this Agreement is intended to
be severable, and if any term or provision hereof shall be
declared illegal, invalid, or in conflict with North Carolina Law
or the purposes of this Agreement for any reason whatsoever, or if
the enforcement of any provision shall be waived, the validity of
the remainder of this Agreement shall not be affected thereby.
Please sign below to acknowledge that you
have read this lease in its entirety. This lease becomes valid when signed and
initialed by both Tenant and Nags Head Realty.
Tenant __________________Date____________Nags Head
Realty #185822 ___________________Date_______________
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