Vacation Rental Agreement
This is a Vacation Rental Agreement under the NC Vacation Rental Act, N.C.G.S. 42A. 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. Payment of money or taking possession of the property after receipt of this agreement is evidence of your acceptance of the agreement and your intent to use this property for a vacation rental. Tenant is responsible to insure Agent has received required payments.
Agent is acting for and represents the landlord. All rental monies may be disbursed to the homeowner within 30 days of receipt. Therefore, no substitutions can be made. The balance of your rent is due thirty (30) days prior to your arrival. Reservations with unpaid balances within thirty (30) day s of arrival may be subject to cancellation without refund.
This contract represents a real estate transaction and constitutes agreement between the Tenant and Ocracoke Island Realty as agent, to rent the premises described in this agreement.
Agent shall conduct all brokerage activities in regard to this agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any party or prospective party to this agreement.
By payment of money or taking possession of the property after receipt of the agreement is evidence of your acceptance of the agreement, tenant acknowledges that he/she will occupy the property and is a minimum of 25 years old representing a family group. ID may be required prior to checkin. ***FIREWORKS ARE NOT PERMITTED ON OCRACOKE ISLAND.***
1. LIABILITY: Tenant understands that the accommodation is a privately owned dwelling with the Owner’s furnishings, and neither the Agent nor the Owner shall be responsible for providing any additional furnishings or equipment. If the air conditioning system or other appliances become inoperable, Agent will exert efforts to have them serviced. However, Agent cannot guarantee the time required to accomplish repairs. TENANT ACKNOWLEDGES WAIVER OF LIABILITY, including but not limited to, hot tub, whirlpool, sauna, outdoor/indoor pool, herein after called special feature, if so equipped. The Tenant understands there are special risks that may be involved in using the special feature. In particular, but without limitation, the Tenant understands that there are potential risks that the special features may present dangers to children who are not carefully supervised, as well as the danger if any person uses the special features for too long a time, has health problems, or is intoxicated or using any kind of drugs or medication, or uses the special feature if pregnant. The Tenant agrees to explain the risks of using the special feature to any guests he or she may have at the unit and to be fully and solely responsible for any accidents his guests may incur. The Tenant understands the risks discussed above and agrees that he will assume all responsibility for himself and his guests for the consequences of those risks. Tenant agrees to waive any claim whatsoever against Landlord or Agent for accidents or claims arising from use of special feature. The Tenant agrees to indemnify Landlord and/or Agent for any claims made by Tenant’s guests arising from Tenant’s guest’s use of the special feature. The Tenant also understands and agrees that he is responsible and liable and will pay agent upon request for any damages that occur to the special feature and its support equipment through his or his guest’s misuse and/or negligence, for example, but not limited to, damaging the hot tub cover and/or pool liner, or allowing the water level to become too low, or causing water overflow inside the unit. INDEMNIFICATION AND HOLD HARMLESS: Tenant agrees to indemnify and save harmless the Owner and Agent for any injuries, liabilities, theft, damage, cost or expenses whatsoever arising from or related to any claim or litigation which may arise out of or in connection with Tenant use and occupancy of the Premises.
2. Tenant understands that the condition, as well as the furnishings, will vary in each home according to the owner’s taste. All properties or units are equipped for housekeeping with dishes, cookware, silverware and glasses. Locked areas such as owner’s personal storage areas are exempt from this Lease and are off limits to Tenant. Entry into these areas is prohibited and can result in charges to Tenant. Tenant is responsible for all internet activity, where applicable, and agrees that no illegal copyrighted materials may be downloaded. Tenant understands that no refunds will be issued due to internet connectivity problems or lack of service. Tenant is not allowed to upgrade any utility services or order movies on owners account. Any charges associated with such transactions will be billed to the tenant and their credit card will be charged.
3. Vacation homes are NOT RENTED TO HIGH SCHOOL OR COLLEGE GROUPS, REGARDLESS OF AGE. Any group whose behavior creates a disruption or interferes with their neighbor’s peaceful enjoyment of their property will not be allowed to stay and no refund of rents will be made. Any group misrepresenting themselves may be denied occupancy and no refund of rents will be made. Leaseholder must be present for the duration of the tenancy.
4. It is agreed that Agent and their employees, for the purpose of clean-up and repair, may enter the premises at 10:00 a.m. on the day of departure and may remain on the premises until 6 p.m. on the day of arrival if necessary. Ocracoke Island Realty will make every effort to have the leased property available by 5 p.m. Tenant acknowledges that Agent’s representatives may need to access the property during the leased period for general repairs and maintenance.
5. In the event that rented premises becomes uninhabitable prior to rental period, or in the event of an error in reservation procedure or change in the ownership which precludes occupancy by Tenant, Agent reserves right to effect appropriate corrective action without loss to Agent. Liability to Agent/Landlord is limited to rental monies paid by Tenant. Notification of such corrective action will be provided to Tenant at the earliest possible time. NEW CONSTRUCTION: If property under construction is unfinished at occupancy date per Lease, the Agent/Landlord liability is limited to full refund of rent payments and a good faith effort by Agent to locate replacement accommodations. Tenant waives any and all other claims against Landlord or Agent for non-completion of this property under construction. FORECLOSURE: If Agent becomes aware of any foreclosure proceedings, Agent will notify Tenant. In the event of a monetary loss to Tenant, Tenant understands that their sole recourse is with the Owner of the rented property. Tenant agrees Agent cannot be held responsible for funds lost due to a voluntary or involuntary transfer of property ownership.
6. HURRICANE REFUNDS - Pursuant to Senate Bill 974, G.S. 42A-36, there are no refunds due to inclement weather including hurricanes. TRIP CANCELLATION and INTERRUPTION INSURANCE IS AVAILABLE. Refer to the front of this lease agreement for further information.
7. TENANT DAMAGES AND SECURITY DEPOSITS - The tenant shall not purposefully or negligently destroy, deface, damage or remove any part of the property. Pursuant to N.C. Gen. Stat. 42-A-32(6), the tenant is responsible for all damage, defacement, or removal of any property inside the dwelling that is in his/her exclusive control unless it was due to ordinary wear and tear. Tenant will not grill on decks. If the tenant breaches any of these obligations, Agent may exercise any or all legal remedies, including deducting the costs for such losses or damages from the security deposit, and/or filing legal action against the tenant to recover the damages. The tenant will be notified regarding any deductions from the security deposit. Agent will refund the balance due the tenant from the security deposit within forty-five days following the termination of the rental agreement.
8. ACCOMMODATIONS CAPACITY - The advertised occupancy includes adults and children and must be strictly observed. Exceeding this occupancy is grounds for eviction without refund. Maximum occupancy in homes served by an on-site septic system is limited to two persons per bedroom. SPECIAL EVENTS (i.e. weddings, receptions, rehearsal dinners, etc.) are NOT allowed unless otherwise advertised and may be subject to additional fees. If such events are discovered to have occurred, tenant may be subject to additional fees and/or eviction. Occupancy shall not exceed the amount allowed by law.
9. PETS - No pets are allowed in any rental home, except where noted "Pets Allowed". The term "Pets" refers to dogs and/or cats only and are limited to two (2) domestic, housebroken dogs and/or cats, unless otherwise restricted by individual homes. If pets are discovered in a home not allowing pets, Tenant may be evicted immediately and security deposit if applicable will be forfeited. Pet damages will be charged to the Tenant.
10. SMOKING - Smoking in a non-smoking property is strictly not allowed. If evidence of smoking in a non-smoking home is discovered Tenant may be held financially responsible for the full cost of smoke remediation.
11. Tenant understands that he may not sublet or assign this Agreement. Tenant agrees that he will not use, nor permit the use of the premises for any unlawful or disorderly purposes, nor commit or permit a nuisance to be committed therein. NO FIREARMS, EXPLOSIVES OR FIREWORKS ARE PERMITTED ON ANY LEASED PROPERTY. FIREWORKS ARE NOT PERMITTED ANYWHERE ON OCRACOKE ISLAND.
12. All taxes are subject to change and will be collected in accordance with North Carolina law.
13. TERMINATION OF AGREEMENT - If the tenant or other member of the tenant’s party or guests thereof violates any of the conditions or duties owed by tenant under this agreement or under the N.C. Vacation Rental Act, Chapter 42A, this agreement shall terminate with or without notice to the tenant; and Agent has the right immediately to re-enter the property by any lawful means, exercise the rights provided to Owner and Agent by the N.C Gen. Stat. 42-A and Paragraph 7 of this agreement above, and bring legal action against tenant in the courts of Hyde County, NC, and other appropriate court, in Agent’s sole discretion. If a court of competent jurisdiction shall find any portion of the Lease invalid, such decision shall have no effect on the remainder of the Lease.
14. If Tenant refuses to depart from the premises on the date indicated on this Agreement, Tenant may be charged rent of $500 per day in addition to any legal costs necessary to evict Tenant. Tenant is aware that expedited eviction pursuant to GS 42A-24 is allowed.
15. Nothing herein shall limit any direct charges to Tenant or prohibit Agent from obtaining additional income from any added services including but not limited to trip insurance, long distance phone services, administrative and maintenance fees, etc.
16. The tenant understands and agrees that all funds will be placed in an interest bearing account with First National Bank, Ocracoke/Nags Head or Towne Bank Juniper Trail, Southern Shores, NC 27949 on which the interest shall accrue to the benefit of Village Realty Holdings, LLC dba Ocracoke Island Realty
17. The Tenant has read and agrees to abide by the terms, rules and regulations of this agreement set forth accepts this lease Agreement in its entirety.
18. Attorney fees and Litigation; Any dispute relating this Vacation Rental Agreement will be litigated only in The General Court of Justice for the State of North Carolina and only in Dare or Hyde County. This agreement will be governed by the laws of the State of North Carolina. The prevailing party in any matter which is litigated in the court system will be entitled to recover reasonable attorney fees.
19. CANCELLATIONS/TRANSFERS: CANCELLATION MUST BE SUBMITTED TO OCRACOKE ISLAND REALTY IN WRITING. In case of cancellation, no refund of rents paid will be made until the period is re-rented and confirmed. If the period is re-rented at the same rate as the original lease of the original Tenant, all monies paid are refunded less a $50 cancellation fee, and Trip Insurance premium, if applicable. However, if the rental rate is negotiated to a lower rate, or rented for a lesser time period, the original Tenant will only be refunded based on the lower (or lesser) rental amount, as owners are to receive the full amount of the original lease. Ocracoke Island Realty will make every effort to rerent the property at the full amount. Trip Insurance is always non-refundable. Balances due for leases two weeks or longer must be paid in full prior to check-in even if a portion of the period was not able to be re-rented.