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2013 Hatteras Rentals Lease Information
PAYMENTS. This Agreement must be signed and returned to Agent with the first payment within ten (10) days of making the reservation, or the reservation shall be automatically cancelled. The remaining balance must be received in full by Midgett Realty thirty (30) days prior to check-in date. Failure to pay balance due within 30 days of check-in date will result in cancellation. However, if tenancy is to begin within thirty (30) days, the entire payment must be made at the time of booking and this Agreement must be signed and returned to Agent within 24 hours of making the reservation. All payments must be made by personal, travelers or bank check, money order, cash, Visa or MasterCard. No personal or company checks shall be accepted within thirty (30) days of check-in date. Prices quoted on our website are based on cash payments sent by mail or any payments made in person.
"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."
FUNDS RECEIVED. a. All monies received by Agent, including Security Deposit, will be held in an interest bearing account with ECB, Hatteras, North Carolina, a federally insured institution, with INTEREST TO BE PAID TO AGENT. b. In accordance with NCVRA, up to fifty percent (50%) of the total rent may be disbursed prior to occupancy, and all fees, including administrative fees, owed to third parties to pay for goods, services or benefits secured for the Tenant, will be disbursed prior to occupancy.
CHECK–IN/CHECK-OUT dates are set forth in CONFIRMATION PROVISIONS. Check-in time is FIRMLY set. From May 22-September 3 check-in begins at 4:00 pm, but is not promised until 6:00 pm. Before May 22 and after September 3 check-in begins at 3:00 pm, but is not promised until 5:00 pm. Houses ready by the end of check-in are not considered to be late. Agent cannot release homes to begin occupancy that are not ready, nor can we provide refrigeration facilities for groceries. Tenant shall not be on the Property prior to check in and may be charged up to one (1) additional day rental for violation of this policy. Check-out is before 10:00 a.m. No occupancy of the Property, including driveways or outside showers will be allowed after check-out. Tenant may be charged up to one (1) additional day rental if Property is occupied after 10:00 am. No refunds will be given for early departures. Two sets of keys will be issued to Tenant at check-in. Tenant will be assessed a $15.00 plus tax replacement charge for each key lost or not returned to the appropriate check-out office on check-out day.
ACCIDENTAL DAMAGE WAIVER (ADW). ADW is a non-refundable fee whereby Midgett Realty assumes the liability associated with minor accidental damages to the leased premises or its contents during the Tenant’s occupancy. ADW is not insurance, nor should it be interpreted as such. ADW allows Midgett Realty to waive your responsibility for reported accidental damage up to a maximum aggregate amount of $2,500.00. The damage waiver becomes effective upon check-in (and may not be purchased after check-in has occurred), and terminates at departure or 10:00 A.M. on the last day of the lease term (“check-out time”), whichever occurs first. Unreported damages, non-accidental damages, excluded damages or damages exceeding $2,500.00 dollars will be the sole responsibility of the Tenant. The non-refundable waiver does not in any way negate your responsibility as Tenant. The cost to repair damage attributable to the Tenant or Tenant’s invitees due to intentional acts, willful conduct, gross negligence, abuse of the property, violation of lease terms, or pets will not be paid under the ADW and remain the responsibility of the Tenant. Damage must be reported to Midgett Realty prior to “check-out time.” The ADW applies only to loss or damage to the leased premises or its contents. The applicability of ADW to damaged property, any determination of the extent of damage and any determination of the cost of repairs to damaged property shall be in the sole and absolute discretion of Midgett Realty.
CANCELLATIONS and TRANSFERS. If Tenant cancels this lease and Property is re-rented, Tenant shall receive a refund, less any difference in rental rate, travel insurance premium, and $100.00 cancellation fee, plus all applicable taxes. If the Property cannot be re-rented, no monies shall be refunded, and Tenant is responsible for fulfilling obligations set forth in this Lease, including full payment of rents and fees. Midgett Realty reserves the right to discount the rental rate for the re-rental at its own discretion. Any discounts in the rental rate will reduce your refund. All cancellation requests must be submitted in writing. In the event you have to change your week after your reservation has been confirmed, a transfer fee in the amount of $100 (plus tax) will be charged. Transfers can only be made within the same home of your initial reservation, subject to owner approval. All transfer requests must be submitted in writing.
ADDITIONAL PROVISIONS/DISCLOSURES: a. Agent may have an ownership interest in some properties. b. Agent may be paid commission on linen rentals, long distance calls, entertainment packages, vacation insurance, pet fees and may also receive commissions from other vendors. c. Security Deposits will be handled in accordance with the Residential Tenant Security Deposit Act. Any security deposit paid shall be refunded by check or credit card (however originally paid), less any sum due under this Lease. Refunds to a credit card will be made to the credit card on file and will not be applied to a different card or cardholder. Tenant shall pay all damage in excess of Security Deposit on demand. d. Tenant will be charged a $35.00 (plus tax) fee on any returned check. Returned checks will not be re-deposited, payment must be made by money order, cashiers check, or credit card within 5 days of notification. If it is less than 30 days prior to arrival, payment must be made immediately by credit card. e. Any check issued to Tenant by Agent, not negotiated within six months of issuance, shall be subject to a $35.00 (plus tax) stop payment and re-issuance fee. f. Tenant may be charged a $25.00 (plus tax) nonrefundable fee if locked out after hours. g. RVs are not permitted on the grounds of any Property at any time. h. Temporary items, including but not limited to, tents, hot tubs, swimming pools, and soft tubs are not permitted. i. Smoking in a property designated as “no smoking” is grounds for immediate eviction and potential retribution for future lost income, including but not limited to the relocation of future guests, restoring property and contents to a satisfactory level determined by Agent and all associated costs. j. Tenant acknowledges that construction may be ongoing at adjoining or nearby properties. Neither Agent nor Owner is responsible for any objectionable noise or activity. No refunds will be given for such occurrences.
MINIMUM ACCEPTABLE AGE / FAMILY GROUPS. Agent is authorized, through contract with the property Owner, to rent only to family groups. The leaseholder must be 25 years of age or older. A family group is defined as immediate and extended family (parents, children, and grandparents). No fraternities, sororities, church, school, civic or other non-family groups are permitted. In the event that we determine that you are not a family group you will be in material breach of your lease. You will be denied access to the property and /or subject to expedited eviction. All rents and fees paid to Midgett Realty will be forfeited.
State and County health regulations require homes on septic systems be limited to two occupants per bedroom. Number and sizes of beds are listed only to accommodate flexibility in sleeping arrangements and not to represent allowable occupancy. Over-occupancy is considered a Material Breach of this Lease. The hosting of parties, which would increase occupancy in the home, on decks, stairs or anywhere on the property is not permitted unless disclosed and approved, in writing, by Agent prior to occupancy. Violation is grounds for eviction. A security deposit will be required, ADW is not applicable.
SUBLETTING: Subletting is not permitted and Tenant shall not assign this lease agreement or sublet the property in whole or part without written permission of the Agent.
EVACUATIONS and TRIP INSURANCE. Tenant acknowledges being offered insurance to compensate Tenant for certain unforeseen circumstances that may cause cancellation or interruption, including mandatory evacuation. Insurance will be added to all reservations until declined from guest in writing then the amount will be deducted from your amount due. Coverage goes into effect once the premium is paid. If travel insurance is not declined within 10 days of the first received premium payment, then it is considered accepted and is non-refundable. If Tenant does not accept said offer, Tenant shall not be entitled to a refund of monies paid, except security deposit, as provided in the NCVRA 42A-36 Mandatory Evacuation. Tenant also agrees to comply with all orders of evacuation.
TERMINATION OF RENTAL. In the event the owner of the Property removes his property from availability, or if the property becomes unavailable for any reason, agent reserves the right to substitute comparable accommodations or refund payments made. Any additional costs will be the sole responsibility of the Tenant.
UNSAFE CONDITIONS. Agent reserves the right to relocate guests in the event that, in Agent’s sole opinion, an unsafe or potentially unsafe situation exists. Any additional costs will be the sole responsibility of the Tenant.
EQUIPMENT and APPLIANCES. Equipment and furnishings at the Property are to the Owner's taste and are set up for normal housekeeping. Kitchen equipment, mattress pads, pillows, and bedcovers are provided. Tenant must furnish toiletries, cleaning supplies, all food items and possibly linens. Under no circumstances will tenant receive a reduction in rent or be relocated for any equipment or amenity failure. Agent, upon being notified by Tenant of any malfunction will make every reasonable effort to have such appliances or amenities repaired. Replacement or repair during Tenancy cannot be guaranteed.
LOST and FOUND. Items left by Tenant on the Property after check-out are not Agent’s responsibility. If items are discovered, they will be returned to Tenant if Tenant notifies Agent of missing items within thirty (30) days of check-out. Midgett Realty will mail the item(s) COD, Tenant must pay a handling fee of $25 (plus tax), plus shipping and handling. Any items not claimed within 30 days after check-out will be donated to a local charity.
OWNER’S/AGENT’S OBLIGATIONS. Owners/Agent agrees to provide the Premises in a fit and habitable condition as per NCVRA 42A-31. Owner acknowledges that Agent is employed by the Owner and does not represent Tenant. If at the time Tenant is to begin occupancy of the Premises, Owner/ Agent cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, Agent shall refund to Tenant all payments made by Tenant and still held by Agent, which shall be Tenant’s sole remedy. In no event shall Owner or Agent be liable for any consequential damage, including, but not limited to, any expense incurred as a result of Tenant’s moving or renting another property at additional cost.
FORECLOSURE: After signing this agreement, if Agent learns of a foreclosure of this property, Agent will (a) notify you, (b) not disburse further sums to the owner of the property, (c) request the owner return to us the rents you have paid and (d) attempt to relocate you to a reasonably comparable property. If the owner does not return the rent you have paid, your claim is against the owner, not Agent. Agent shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, and handicap or familial status of any Tenant. Agent shall not discriminate against any protected class of citizen. Midgett Realty complies with applicable provisions of the State Fair Housing Act.
TENANT’S OBLIGATIONS. During occupancy, Tenant agrees to comply with all obligations imposed by the NCVRA 42A-32, with respect to maintenance of the Premises, including but not limited to keeping the premises as clean and safe as the conditions of the Premises permit and causing no unsafe or unsanitary conditions in the common area and remainder of the Premises that Tenant uses; and notify Agent in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy. Rearranging of the furniture is not permitted. Charcoal grilling shall not be allowed on decks, porches or close to the house. If a telephone is available on the Property, Tenant shall be responsible for all toll calls. Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation. Tenant agrees to permit the property to be “shown” if it is listed for sale. 24-hour notice shall be attempted by Agent to Tenant. Tenant’s breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Tenant’s tenancy. Violation of a tenant obligation is a material breach of the lease and may result in eviction and loss of all monies paid.
POOLS and HOT TUBS: Tenant acknowledges if the Property is equipped with a private pool/hot tub and/or has access to a community pool/hot tub (the “Facilities”), Tenant hereby accepts and agrees to the following: a. View midgettrealty.com for pool open/close dates and pool heat available dates. b. Tenant shall ensure that the Facilities are used in a safe manner at all times and that non-adult use of the Facilities is supervised by a qualified and capable adult. c. Unsafe and/or unsupervised use of the Facilities by Tenant or Tenant’s guests is a material breach of this lease and shall permit Midgett Realty to terminate IMMEDIATELY WITHOUT NOTICE Tenant’s occupancy of the Property. d. Tenants are prohibited to tamper with chemicals or equipment. If tenant is found to have tampered with chemicals or equipment, the Tenant will be responsible for any expenses incurred. e. Tenant shall indemnify and hold Midgett Realty (its officers, employees, agents and equity holders) and the Owner of the Property harmless from and against any and all liabilities, claims and expenses for personal injury or property damage resulting from unsafe and/or unsupervised use of the Facilities by Tenant or Tenant’s guests. NO REFUNDS will be given for pools not heating to what tenant believes to be an acceptable level due to adverse weather conditions. Pool heat added to a reservation within 14 days of check-in may incur an additional fee. In the event Tenant requests additional cleaning of pool and/or hot tub, an additional fee will apply. Pool heat charges will not be pro-rated except in the event of additional nights being added to full week reservations. Pregnant women, persons taking medication, elderly persons, those with diabetes, high blood pressure, heart disease or other cardiovascular conditions should consult their physician prior to entering a hot tub. Children under the age of 12 are prohibited from entering hot tubs at any time. Removal of chemical dispensers, misuse and/or overuse of hot tubs may result in health related problems, such as folliculitis.
ABUSE OF STAFF: Agent reserves the right to terminate a lease due to Tenant’s abuse of staff or others. You will be denied access to the property and /or subject to expedited eviction. All rents and fees paid to Midgett Realty will be forfeited.
SURRENDER OF PREMISES: Tenant must leave Property in clean condition, all dishes washed and put away, all food removed from refrigerator, and all trash removed from house prior to departure. Failure to abide by this provision may result in reasonable clean-up fee charged to Tenant or Tenant’s credit card on file. Any damages to the Property, which occur during Tenant’s occupancy, are Tenant’s responsibility and must be reported to Agent immediately.
PETS: Pets are not permitted on the Property unless specifically provided in CONFIRMATION PROVISIONS. If pets are permitted, there should be no more than two (2) pets on the grounds. Cottage description may list additional restrictions. If pets are not permitted and a pet is found on the Property, this shall be a material breach of the lease and Tenant will be subjected to expedited eviction, additional cleaning charges, as well as a flea treatment charge, potential retribution for future lost income, including but not limited to the relocation of future guests, restoring property and contents to a satisfactory level determined by Agent and all associated costs. Additionally, NO pets are permitted in either hot tubs or pools. If pets are found to have been in pools or hot tubs Tenant will be charged an additional fee. At no time should a pet be left alone in the vacation rental home. If, in the event of an emergency, the pet is left unattended it must be placed in a tenant-supplied crate-like container made for a pet.
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 negligent or willful act of Agent or the Owner, or failure of Agent or Owner to comply with the NCVRA. Tenant agrees that Agent, the Owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as Agent or Owner may deem appropriate, or to show the Premises to prospective purchasers if property is listed for sale or under foreclosure proceedings.
BREACH BY TENANT: Agent may terminate this Agreement upon breach of any of the terms hereof by Tenant. Tenant shall not be entitled to the return of any of the rental paid under the terms of this Agreement and shall vacate the Property immediately. Tenant is also subject to the expedited eviction proceedings under said NCVRA on the grounds set forth therein. In such event, Tenant shall be responsible for court cost, cost of litigation, including reasonable attorney’s fees for the enforcement of this lease.
TRANSFER OF PROPERTY: In the event ownership of the Property is voluntarily transferred, or involuntarily transferred, earlier than 180 days prior to end of Tenant’s occupancy, the Tenant shall have no right to enforce the terms of this Agreement unless the new / subsequent Owner agrees in writing. The NCVRA requires notification to Tenant of such transfer and any transfer of advanced rentals and fees to Owner’s successor in interest. Agent may continue to hold same under contract with the new Owner. Tenant shall be entitled to a refund of all advanced rent paid and a portion of any fees remaining after lawful deductions provided under NCVRA, in the event the tenancy is not honored; this refund shall be paid by the party holding the rent at that time.
GOVERNING LAW: This lease shall be governed by and interpreted in accordance with the laws of the State of North Carolina. Tax rates are determined by the State of North Carolina and the County of Dare and are subject to change without notice. Tenant is responsible for additional taxes imposed. This Agreement is the entire agreement between the parties, and there are no representations, whether oral or written, made except as expressly stated herein. Any Action relating to this Lease shall be instituted and prosecuted in the courts of Dare County in North Carolina.
Simply stated, once you have entered into a contract to rent a property, you are binding yourself to that property for that time. There should be no expectation of compensation or relocation because you don't like the property or something in the property isn't working to your satisfaction. Unlike a hotel, we cannot relocate you without specific authorization from the cottage owner. As previously stated, we will make every effort to correct any malfunctions or problems encountered, but no refunds should be expected. The owner or Midgett Realty reserves the right to cancel a confirmed reservation (with good reason) at any time prior to taking occupancy of the property. In the event this should occur, agent will refund all monies on account.