Fillable Printable Vacation Rental Agreement - North Carolina

Vacation Rental Agreement - North Carolina

THIS IS THE 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 AGREEMEN T AND YOU R INTENTIO N TO U SE THIS PR O P ERTY FOR A VACATION R ENTAL.

TERMS AND CON DI TI ON S:

In consideration of the rent received and mutual promise herein, the Owner of the subject property, through Access Realty,

his Agent, does hereby lease and rent to the Guest (the person whose name appears below) the certain property described

above (the P r emises ), un der the f ollowin g ter m s and conditions:

1. Agency Disclosure: Access Realty, is the agent of the owner of the subject property and represents the interest of that

owner. Rental Agreement is subject to th e Vacation Rental Act (VRA).

2. Property Description: Every rental property is privately owned and reflects that individual owner's tastes. It is the

responsibility of the Guest to ensure that this property meets his requirements for space, accommodations, physical condition

and amenitie s.

3. Occupancy: Guest agrees th at the maximum occupancy stated on the front side shall not be exceeded at any time. Occupancy

count includes children of all ages and guests of Guest. Groups, including but not limited to, high school and college aged

people, house parties organized to celebrate graduation, proms, youth groups, fraternity, sorority, or other school functions are

specifically n ot allowed. House parties will be evicted immediately. Any group renting this property under false

pretenses shall be immediately evicted with no r efun d. I dentification shall be presented if requested. Guest signing this

Agreement shall be 25 or more years old a n d a ctually take possession of the property. If this tenancy is for 30 days or

less, Guest is subject to expedited eviction as set forth in Article 4 of the N.C. Vacation Rental Act (NCGS 42A).

Guest may be evicted under such procedures if guest: (I) holds over in possession after guests’ tenancy expired; (II) commits

a material breach of any provision of th is agreement, including any addendum hereto that according to its term would result in

the termination of Guests’ tenancy; (III) fails to pay rent as required by this agreement; or (IV) has obtained possession of the

Premises by fraud or misrepresen tat io n.

4. Guest agrees that all payments, including the Security Deposit, will be placed in an insured interest bearing trust

account with Bank of America, 204 Roland Ave., Surf City, NC with the interest accruing to Access Realt y. Security

deposits will be refunded within 45 days of departure if there are no damages or additional fees charged to the unit. The

Security Deposit may be applied toward actual damages and other deductions as permitted by the North Carolina

Security Deposit Act.

5. Payments: Please make checks payable to Access Realty and mail to 13480 NC Hwy. 50, Surf City, NC 28445. To confirm a

reservation, the Guest must pay 50% of the total rental rate, plus reservation & insurance fees on the selected unit within 10

days of booking the reservation. Access Realty accepts checks, credit cards (Master Card and Visa), certified check, money

order, cash or traveler's check s. Payments made by phone/int ernet will be subject to a $25 convenience fee. Balance

payment is due thirty days before check-in. No further notice will be given. No personal checks will be accepted after

this deadline. A $25 fee will be charged on all returned checks. Guest is responsible for sales and occupancy taxes calculated

as of the date of occupancy. Taxes shall be reimbursed upon termination of occupancy or material breach of th is Agreement.

Guest authorizes Agent to disburse any fees owed to 3

parties for goods or services procured by Agent, including, but not

limited to, reserv ation fees a nd Travel In surance premiums prior to occupancy.

6. Cancellation: A n y cancellation of a confirmed reservation must be made in writing by Guest. Reservation payments are not

reimbursable unless the property can be re-rented for the same rate and time period. Every effort will be made to re-book the

property. If property is re-rented, Gu est will receive reimbursement of payments made, less non-refundable reservation fee,

$65 cancella tion fee, insurance premiu ms paid and all applicable taxes. Insurance fees shall not be reimbursed unles s the

Agen t is reimbursed by the issuing insurance company. Guest shall not assign this Agreement nor sublet the Property.

7. Vacation Investment Insurance: Trip insurance is offered through CSA Travel Protection, covering loss of rental payments

made because of certain unforeseen circumsta nces, illnesses and injuries. It inc ludes coverage for mandat ory hurricane

evacuations. The cost of this insurance begins at 6.5% of the base rental and is automatically added to and due with Guest's

advance rental payment. Details outlining benefits, exclusions and limitations are in the CSA brochure included with this

Agreement as an Addend um. If Guest does not want this covera g e, he may delete the charg e by initialing w here indica ted on

the front of the lease. Guest's premium for travel insuran ce is distributed to the insurance company by Access Realty in

advance of Guest check-in and is not refundable

. Access Realty, as agent for the insurance company, receives a commission

on this insurance premium. (800-554-9839 - CSA Tr avel , Inc. Co.)

8. Security Deposit Alternative – Thi s optional Depos i t Alternative protects you from damage which results from an accident

within the unit. The Alternative does not cover negligent, willful and/or wonton conduct by the Guest or Guests of Guest. This

plan does NOT cover any damages caused by pets. Please refer t o the enclosed Description of Coverage detailing full

terms and conditions that apply. I f a Description of Coverage is not enclosed, contact Access Realty for a copy. You must

notify Access Realty of any damage or theft to the unit during your occupancy, or this Alternative plan is n ull and void .

Payment for the Alternative will not be accepted after you occupy the unit. If you decide not to purchase the Alternative, a

security deposit will be added to the final balanc e. To decline, initial where indicated on t he front of th e lease.

9. Transfer of Property: In the event the Owner trans fers this property 180 or more days prior to the anticipat ed date of

occupancy by Guest, Access Realty will make every attempt to maintain the reservation in the current property or move your

reservation to a comparable available property. If circumstances prevent this, a full refund less non-refundable reservation

fees will be paid to the Guest. Access Realty will promptly notify Guest if Property is transferred and provide a detailed

information sheet regarding your rights u nder this agreement. If G uest transfers to ano ther property, a d van ce reservation fee

will transfer to new property.

10. Tenant's Duties: Guest agrees to comply with all obligations imposed by the Vacation Rental Act for Guests with respect to

maintenance of the Premises, including but not limited t o keeping the Premises clea n and safe as conditions of the Premises

permit and causing no unsafe or unsanitary conditions in the rental home, unit and/or common areas and remainder of

Premises the Guest uses. Gu est agrees not to use the Premises for any activity or purpose that violates any law or

governmental regulation. Gu est's breach of any duty contained in this paragraph shall be considered material, and shall result

in the termination of tenancy. Guest shall report any existing damages found within 24 hours of his arrival in writing

or be subject to being charged for said damages.

11. Pets: Pets are welc omed in some properties; th ese p rop erties are noted in the bro chure and on web page. However,

properties not allowin g pets prohibit pets of any kind an ywhere on the premises. Guests found with a pet on the premises

of a proper t y t hat does not allow pets will be subject to immediate eviction. A $150.00 non-refundable pet fee is

charged per pet, the pet fee is for the privilege of having a pet on the premises and does not include the cost for any damages

caused by a pet. Pets found on properties that allow pets, but where pet is undeclared an d the pet fee is unpa id shall be

charged Two Hundred ($20 0.00) Dollars per pet.

12. No Smoking Properties: Use of cigarettes, pipes and cigars are prohibited inside properties list ed as "No Smoking." Failure

to observe this prohibition shall result in immediate eviction and a charge of $200. Smoking is permitted on decks, if

consented to by the Owner of the premises.

13. Check-in will begin at 3:30 PM on the day of arrival. You must check in at the Acce ss Realty office. Do not go to the

rental property prior to check-in. Early check-ins may be available for a non-refundable fee of $50. La te and early arrivals

should make prior arrangements with Access Realty. Guest will not be allowed to check in until the property ha s bee n

cleaned and passed inspection.

14. Check-out: All properties must be vacated by 10:00 AM on day of departure. Failure to d o so may result in late

checkout fee of $50 deducted from the security deposit. ALL KEYS must be returned at the time of check out, failure to

return all keys to the ACCESS REALTY office will result in the Guest being charged to re-key ALL locks. Guest shall

return all keys, passes, etc., to the ACCESS REALTY office or Guest will be charged applicable replacement costs.

15. Telephones: Guest shall not charge any long distance call to the phone in the Premises. The cost of a n y such calls will be

charged to the Guest.

16. Grills: Fines and prosecution may result from the use of grills on decks, porches or too near a building. In the event use of

grills is permitt ed, grills must be cleaned and coals disposed of properly upon departure. Fai l ure to do so w i l l resul t in

additional cleaning c harges .

17. Homeowners Association Rules: Guest agrees to abide by any applicable Homeowner Association rules or Owner's rules

posted in the Premises.

18. Owner's Closets: The Premises may contain a locked owner's closet, chest or cabinet for the Owner's personal use and is not

part of this rental.

19. Thermostats for heating and coo lin g sha ll not be set below 75 degrees for air conditioning nor above 75 degrees for heating.

The refrigerator temperature dial shall not be s et to anything other than mid range. The cost of unnecessary service calls

shall be charged to Guest.

20. Guests locked out after hours will be charged a $25 fee for Access Realty personnel to com e unlock the door.

21. Inoperati ve Equi p ment and Age nt Ent ry: Appliances, air conditioners, TV's, hot tubs, internet, elevators, pools, etc., are

not guaranteed to be operational. Access Realty will make every good faith effort to have any inoperative equipment repaired

as quickly as possible. : Guest agrees that Access Realty or its agents may enter premises for purpose of effecting necessa ry

repairs and/or maintenance, for showings, or other necessary purposes. NO REFUNDS WILL BE MADE.

22. Cleaning: All properties are profess io nally c leaned prior to arriva l and after departure. Guest must report within 2 hours any

cleaning issues; after hours please call and leave a message at the rental office. Guest is responsible for completion of the

items on the ACCESS REALTY Checkout Proc edure issued to Guest at check-in, including, but not limited to, washing all dishes,

making beds, closing and locking windows and doors. Dirty linens provided by a linen service should be removed prior to

making beds and placed inside the front door upon depa rture. Guest shall place all trash inside trash cart and roll it to the

street prior to departure. Guest understands that Access Realty will charge Guest for failure to do the above items and also for

picking up any excess garbage left by the trash service.

23. Agent Duties: Agent agrees t o provide the Premises in a fit and habitable condition. If at the time Guest is to begin

occupancy of the premises and the Agent cannot provide the Premises in a fit and habitable condition or substitut e a

reasonably comparable property in such condition, then the Agent shall refund to Guest all payments made by guest. Th e

agent shall conduct all brokerage activities in regard to this Agreement without respect to the race, religion, sex, national

origin, handicap or familial status of the guest.

24. Mandatory evacuation: If State or local authorities order a mandatory evacuation of an area that includes the

Premises, Guest must comply with that order. Guest shall not be entitled to any refunds if they did not purchase insurance to

protect against this event. Guests who purchase insurance shall file claims with the issuing company for reimbursement.

25. Indemnity: Guest agrees to release, indemnify and hold harmless Access Realty and owner from and against all liability for

injury to the person of the Guest, to any member of his party or any Guest, resulting from any cause whatsoever. This

indemnification specifically includes use of any spas, swimming pools, hot tubs and whirlpools if on Premises.

26. Indemnification and Hold Harmless: Guest agrees to indemnify and hold harmless Agent and the owner from and against

any liability for personal injury or property damaged sustained by any person (including guests’ guests) as a result of any

cause, unless caused by the negligent or willful act of Agent or the owner to comply with the VRA.

Access Realty has provide d a copy of the Vacation Rental Agreement.

I, __________________________ have read and understand the VRA.

__________________________ _________________ _________________

Signature Date Reservation ID #

**PLEASE SIGN & RETURN**