*** THIS A SAMPLE ONLY ***
OUR RENTAL AGREEMENT IS REVISED PERIODICALLY
- AND MAY BE DIFFERENT
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Marco Island
Vacation Home Lease Agreement - 2009
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It is agreed on 2/19/2009 that ____________ (TENANT), having an address of
_______________ will rent 221 Landmark St. (Seacrest) Marco Island, FL , a
Waterfront wide water, walk to beach Property (Hereafter referred to as
PROPERTY, PREMISES, THE HOME), from Paul Demos (OWNER). This occupancy
will be in the form of a Vacation Rental only and not constitute a permanent or
primary residence. Occupancy shall begin on 3/14/2009 (After 3:00 PM)
and terminate on 3/21/2009 (Before 10:00 AM). TENANT agrees that should
TENANT or their GUESTS violate any of the clauses in this agreement, they agree
to IMMEDIATE removal of their party from the property and waive any legal rights
or rights to a refund.
(1) GENERAL TERMS: The TENANT signing this agreement must be 30 years
old or older and agrees to occupy the home during the entire stay. TENANT
agrees that the TOTAL number of GUESTS will not exceed the requested number of
2 Adults and 4 Children unless agreed in writing prior to
occupancy. "DAY" GUESTS that would exceed the maximum occupancy of 7 TOTAL
INDIVIDUALS must be approved in advance in writing. For purposes of
clarification, GUESTS refers to any person brought into home at direction or
under control of TENANT. This Agreement becomes binding when TENANT'S rental
paperwork has been verified as complete and TENANT'S initial payment has been
processed.
TENANT recognizes the need to leave on their date of departure by 10:00 AM
and that they cannot extend their stay departure DATE or TIME without the
written consent of the owner. Further, In the event the TENANT breaches the
agreement and stays past the required departure date or time, then they agree to
IMMEDIATE EVICTION and to be held liable for any expenses caused to a TENANT
waiting to occupy and for any expenses the owner incurs as a result of TENANT'S
delayed departure. In the event that an EXTENSION is requested and approved in
writing, the TENANT agrees to be bound by all other terms of this agreement
during this extension. Additional FEES regarding an extension will also be
agreed to in writing.
TENANT Initials ________
(2) SECURITY: Security is required in the amount of $500. It is
payable prior to occupancy. Applicable security will be returned to the TENANT
within thirty to forty five (30-45) days after termination of this Agreement.
All or part of the security may be withheld in the event of any BREACH to this
agreement. In such an instance the TENANT will be notified within thirty (30)
business days of vacating the property as to the amount withheld and reason.
Security deposit shall in no way be used as rental payment. TENANT'S liability
is in NO WAY limited to the amount of the security. In the event of damage or
other breaches of this agreement the OWNER reserves the right to pursue any/all
legal remedies available.
(3) PAYMENT: Payment in the amount of $XXXX.XX USD is required to cover
the BALANCE for the occupancy period specified above.
Note: In the event that payments have been applied prior to this agreement being
SIGNED, then those payments will be reflected in the schedule above.
TENANT Initials ________
(4) CANCELLATIONS: TENANT understands that the Property is being RESERVED
for them for the dates and times specified herein and based on the TOTAL
consideration agreed to herein and that the OWNER will be forgoing other
opportunities to rent the home to other interested parties during the same
period. TENANT agrees that ANY cancellation will result in forfeiture of ALL
ADVANCE PAYMENTS by the TENANT, UNLESS the property can be re-rented. TENANT
agrees that any such CANCELATION request will be made and agreed to in writing
and that at the time of the OWNERS acceptance, the TENANT has released any claim
they have to occupancy so that the OWNER can attempt to find a replacement
occupant.
TENANT agrees that if their cancellation results in only a partial re-renting,
then the TENANT agrees to absorb the cost of the un-rented period as a result of
their cancellation. TENANT gives the owner sole discretion to discount the
property to re-rent it and the TENANT agrees to bare the FULL loss the OWNER
incurs as a result of any such discounting. TENANT understands that they may
purchase SEPARATE Travel Insurance to minimize their financial risk in the event
of a Family Emergency or other event and that the OWNER is in no way assuming
any liability for circumstances that a TENANT has that are beyond the OWNERS
control.
(5) UTILITIES: ALL utilities are included with the exception of Long
distance phone charges and Non Basic Cable charges for PAY PER VIEW and such.
TENANT understand that the telephone will be blocked from long distance and 900
number calls. A calling card or credit card will be required to make long
distance calls.
(6) PETS/GUESTS: There shall be no pets allowed on the property unless
otherwise agreed by the OWNER. TENANT is limited to the number of overnight
GUESTS stated in this agreement. The rental rate is based on the number of
GUESTS specified in this agreement and could change should there be additional
GUESTS. In the event it is determined that TENANT did exceed the number of
GUESTS specified, they are waiving their right to their security refund and may
be subject to additional charges.
(7) NO SMOKING: There is NO SMOKING or SMOKING RESIDUE (Like used ash
trays) allowed in our home under ANY conditions. In the event it is determined
that TENANT or ANYONE they allowed in the home did SMOKE/Brought RESIDUE inside,
TENANT waives their right to ALL $500 of their security refund and WILL be
subject to the additional charges required to remove the smoke smell and damage
from the home.
(8) TENANT RESPONSIBILITIES: TENANT agrees to perform "Normal" household
duties that include, but are not limited to: Garbage removal, Cleaning of
individual and GUEST(s) dishes, Recycling as required by Law, Notification of
damages or problems with the property.
TENANT understands they are occupying a home in a residential community which
has ordinances including, but not limited to, Occupancy, Noise Levels, Number of
Vehicles, Trailers (none allowed outside), RVs (none allowed), Parking, etc.
TENANT accepts responsibility for any violations or costs associate with
TENANT'S or GUESTS failure to comply with these ordinances.
(9) SUBLETTING/ASSIGNING/OCCUPANCY: There shall be no subletting of the
premises. The TENANT shall occupy and use the premises as a VACATION RESIDENCE
only and not use the premises for any business, professional, unlawful or
hazardous purpose.
(10) OWNER ACCESS/REPAIRS: The OWNER must be notified IMMEDIATELY if
TENANT discovers any item of significance that needs attention. Once notified,
OWNER will correct the problem with all expediency. TENANT agrees to grant
access to the OWNER or their Agent, upon 24 hrs notice, in the event that
maintenance/repair is required. TENANT recognizes that if such a need arises,
that the OWNER/AGENT will use EITHER Email or the homes TELEPHONE to attempt
such contact, and that failure to respond by the TENANT, will be considered as
acceptance of the 24 hrs notice. TENANT agrees to allow IMMEDIATE access,
without prior notice, in the event of a FIRE or SECURITY alarm or where such
access is perceived be critical to the preservation of the property in good
condition. TENANT agrees to leave outside Lanai Screen doors unlocked, so that
the pool service may enter the pool area to check on and treat the pool.
Further, TENANT understands that no advance notice will be provided before the
pool service shows up at the home.
TENANT Initials ________
(11) STANDARD OF CARE: TENANT acknowledges they are coming to/bringing
people into a property they/their guests are not accustomed to and AGREES TO
exercise a HIGHER STANDARD OF CARE in using the PROPERTY and EQUIPMENT. This
includes, but is not limited to verifying equipment operation and
serviceability, avoiding unsafe situations, reading appropriate owners manuals,
ensuring safe use and following appropriate instructions.
TENANT agrees to take PERSONAL RESPONSIBILITY for ensuring that BICYCLES are
checked before each use and that BICYCLES are ONLY USED when HELMETS are
available. BICYCLES are for ADULT USE ONLY. TENANT understands that the
property is NOT Childproof.
TENANT agrees to take all necessary precautions in ensuring child safety. POOLS
and WATERFRONT homes carry with them additional risks. TENANT agrees to assume
and manage all risks associated with this exposure as part of their use of the
property. CHILDREN should always be supervised by an ADULT when they are at
risk. This especially applies to the POOL area and outside the home where the
CHILDREN can reach the water.
(12) HOLD HARMLESS AND INDEMNIFY: TENANT agrees to INDEMNIFY, HOLD
HARMLESS and DEFEND the OWNER, Paul Demos, from and against any liabilities,
damages, and costs arising out of the death or bodily injury to any person to
the extent that the SAME was caused by the negligent acts, failure to act or the
errors and omissions of the TENANT or TENANT'S GUESTS/VISITORS.
(13) LOSS OF USE/LIABILITY: Under certain extreme circumstances the
property may become UNAVAILABLE to the TENANT either Prior to or during their
stay. This could be the result of (1) Property sale, (2) Damage to the Property
that makes it unusable or (3) numerous other reasons beyond our control. In such
an event, the OWNER is limited in liability to the amount of Rent paid and must
refund either the whole amount of rent if the TENANT never occupied the property
or the prorated amount which reflects the days the property was not occupied by
the TENANT. In such a case the TENANT assumes all responsibility for any cost to
them or their GUESTS as a result of the unavailability of the property for their
stay. TENANT agrees that the OWNER and their AGENTS are not responsible for acts
of THEFT, VANDALISM or other damages to TENANT'S or GUEST'S Personal Property or
belongings.
TENANT Initials ________
(14) WEATHER CONDITIONS/ACTS OF GOD: OWNER is not responsible for any
weather condition or acts of God or nature that happen during TENANT'S stay on
premises. Further the OWNER shall not forfeit the rental amount if the TENANT
cannot get to, or stay, in the property due to any act of nature, unless the
property is rendered unsafe, unusable, or Marco Island is CLOSED due to a
Mandatory Evacuation. In such an event, the OWNER will prorate the refund for
the days that the home cannot be used or accessed.
(15) QUIET ENJOYMENT/CONSTRUCTION: TENANT agrees that OWNER is not
responsible for the actions of contractors on properties other then our own.
TENANT agrees that the OWNER is not responsible for the breach of the QUIET
ENJOYMENT of our home by TENANT or GUESTS due to any circumstances beyond our
control.
(16) BOAT DOCKING: Maximum of 1 boat or 2 wave runners is
allowed. Use of the boat DOCK is provided at the TENANT'S risk. TENANT must be
knowledgeable in the use of the DOCK before attempting to use it. TENANT assumes
all responsibility from any attempt to use the DOCK. OWNER reserves right to use
the dock to the degree that said use does not impede TENANT'S reasonable use of
same. Use of BOAT LIFT is not allowed by TENANT due to the unique configuration
requirements of each boat to the boat LIFT.
(17) END OF TERM: At the end of the term, the TENANT shall leave the
premises clean and in good condition, remove all TENANT property, repair all
damage caused during TENANT'S stay. TENANT further understands/agrees that the
basic cleaning fee charged is for what is considered a NORMAL/REASONABLE amount
of cleaning to return the home to its condition as it was when they arrived, and
that if they create an excessive amount of cleanup work in the home TENANT
agrees to bare cost of additional cleaning.
(18) SURVIVAL: If any clause or term in this Agreement is contrary to
law, the remainder of the Agreement shall remain in full force.
(19) AMENDMENTS: Marco has a significant tidal swing and any boat docking
must support the tidal swing as to prevent damage to the boat and dock. This is
Solely the responsibility of the TENANT. Guests are responsible to provide there
own consumable (paper products, soaps, charcoal, etc). We provide the very
basics to get you started until you can shop.
LAWS: The Laws of the State of FL shall apply to this Agreement and any
disputes pertaining to this agreement or occupancy of the property.
By indicating acceptance of this agreement, You, as the TENANT, are affirming
that you have read and understand this agreement and fully understand its terms
and conditions and agrees to comply and be bound by these terms and conditions.
____________________________________ (Signature Required)
____________________________________
DATE
**** Please INITIAL in the sections on EVERY Page or we cannot accept the
agreement ****