Additional Intracoastal rental contract must be signed before check in. VACATION RENTAL AGREEMENT 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.. In consideration of the rent received and the mutual promises herein, the Property Owner of the subject property described below (“Property”) through Intracoastal Realty Corporation (“Agent”), does hereby lease and rent to Tenant the specific property described below and under the following terms and conditions, including the terms and conditions of the North Carolina Vacation Rental Act as well as the Rental Policies of Agent listed within this Agreement and on our website. INTRACOASTAL REALTY as Agent is representing the interest of the Property Owner in this transaction.

1. INITIAL PAYMENT is due upon reservation booking. The initial payment includes a portion of the rent, travel insurance premium (if purchased), administrative fee, Incidental Damage Program and all applicable taxes. If arrival date is less than thirty (30) days from the date Tenant are making the reservation, full payment is due at the time of booking. Tenant understands and agrees that payments up to 50% of the rental amount may be disbursed to the Property Owner prior to occupancy. Tenant understands and approves that all monies received by Agent in connection with the rental of the property are deposited in an interest-bearing account with First National Bank, 1508 Military Cutoff Road, Wilmington, NC with the interest payable to Agent as it accrues and as often as is permitted by the terms of the account.
2. FINAL PAYMENT is due thirty (30) days before the arrival date and will include the remaining rent, any resort fees, pet fees and all applicable taxes. The Reservation Confirmation that Tenant received upon receipt of initial payment provides the due date and amount of the balance due. Final payment must be made thirty (30) days before the arrival date. If the balance is not received thirty (30) days prior to arrival, Agent shall have the right, to deem the reservation canceled, pursuant to Item 7 of this Agreement. All reservations must be paid in full prior to check-in and possession of the property.
3. TAXES as of the time of this Agreement are 13% comprised of a 7% state sales tax and 6% county lodging tax. These monies are due in addition to the rental amount. The tax rates are governed by New Hanover County and the State of North Carolina and are subject to change without notice.
4. TRAVEL INSURANCE is offered through Red Sky Travel Insurance. It is an optional service that provides coverage in the event of unforeseeable cancellations. If Tenant requested Travel Insurance at the time of booking the premium is included within this Agreement. If Tenant declined the travel insurance at booking, but decides at a later date Tenant wishes to purchase the coverage, please call our reservation staff.
5. RESERVATION FEE A $75.00 non-refundable portion of the reservation fee is an admin fee added by the Agent for every rental under 91 nights. The admin fee is taxed. The fee covers processing of Tenant’s reservation. A $100.00 non-refundable portion of the fee is an Incidental Damage Program. It is added to all reservations up to 28 days. For reservations between 29 and 90 days the fee is $120.00. The Incidental Damage Program (IDP) protects Tenant from incidental damages that occur during occupancy. Tenant agrees to check the Property upon arrival and report any damages found, obvious missing items, or required maintenance. Failure to report previous damage, theft or damage during occupancy, prior to check-out could result in full or partial loss of coverage. IDP does not cover negligent or willful and wanton conduct, pet damage, or failure to perform required check-out procedures addressed in section nine (9) of the Agreement. Tenant understands and agrees that they are responsible for any damages to the property during the period of occupancy not covered by IDP, and that they will be charged for said damages, including reasonable attorney’s fees and unauthorized utility charges and that these charges will be charged to the credit card on file. For full terms and conditions of the program refer to the information provided within the Reservation Package received at booking or the website.
6. CANCELLATIONS must be in writing and received by Agent via the mailing address, fax number or email address; all located within this Agreement. No REFUND will be given in the event of unforeseeable cancellations, including but not limited to travel delays, illness, weather conditions and/or evacuations. In the event a cancellation is necessary and Agent is able to re-rent the property for the specified period, monies will be refunded less a $150.00 cancellation fee, any discounts/expenses required to re-rent the property, Travel Insurance Premium and any applicable taxes. Refunds will be processed upon receipt of final payment of the new reservation. In the event a cancellation is necessary and Agent is unable to re-rent the Property, the full rental amount, including taxes and all applicable fees stated on the Agreement, is due and payable to Agent. Tenant agrees to pay the balance due upon notice of cancellation. Tenant understands and agrees that they may not assign this agreement to another party or sublet the Property in whole or in part.
7. OCCUPANCY REQUIREMENTS are stated as follows and Tenant acknowledges they understand and will abide by the following: Maximum Occupancy: Each property’s maximum occupancy is stated within the Agreement, located within the Booking Detail on page one (1). Children must be counted within the maximum occupancy unless they are under the age of two (2) and are sleeping in a crib. We rent to family groups with responsible adults over 25 years of age. If occupants are a group of unrelated Tenants we require them to be approved by a manager and/or the Property Owner. No sororities, fraternities, church groups, wedding receptions, “house parties”, school break parties, or other such groups are permitted unless pre-approved by the Agent and Property Owner at the time of the reservation. Requests must be in writing. If Tenant's request is approved a rent increase, event fee, or damage deposit may be required. Tenant Requirements: Tenant stated on the Agreement must be at least twenty-five (25) years of age, and acknowledge that they will occupy the property during the entire tenancy. Individual & Family groups: Agent is authorized to rent to individuals and family groups only, unless prior permission is obtained from the Property Owner. Tenant acknowledges they may not rent the property as a non-family group, or in connection with non-family groups, without Property Owner approval; Non family groups are identified as, but not limited to fraternities, sororities, school, church or civic groups, reunions, weddings, parties or meetings. Possession: Tenant acknowledges that no possession of the property will be taken or held outside of the timeframes set forth in section nine (9), Check-in Procedures within this Agreement. Tenant may use the property for residential purposes only. Misrepresentation/False Pretenses: Properties are patrolled on a regular basis. NC GEN.STAT. 14-100 makes it a crime to obtain a rental property under false pretenses. Tenant acknowledges obtaining possession of the Property by fraud or misrepresentation is a crime, a material breach of contract and grounds for expedited eviction.
8. CHECK-IN PROCEDURES: Check-in Time: Check-in begins at 4:00 PM on the arrival date stated on this Agreement. In extreme situations check-in time may need to be extended for additional cleaning and/or maintenance issues. In this event, Agent will make every effort to accommodate the Tenant until the property is ready. At no time shall the Tenant occupy the property BEFORE check-in, including driveways, garage and/or carport, outside showers, pools or hot tubs. Tenant may be charged up to an additional one (1) day rental if Property is occupied prior to check-in. Check-In After Hours: If Tenant plans to check-in after 5:00 P.M., please call the check-in office within the Agreement to make arrangements. Check-In Location: Please note the check-in location listed on this Agreement for this specific reservation. Tenant agrees to furnish proper photo identification at check-in to verify that they are the Tenant set forth herein and provide a credit card (Visa, Master Card, or American Express) verifying the credit card on file and to complete the check-in process. Check-In Inspection: Please perform an inspection of the Property upon check-in. Should Tenant find any issues that need attention such as cleaning or maintenance, contact our office to report the issue. Agent will make every attempt to correct any issues as soon as possible.
9. CHECK-OUT PROCEDURES: The following check-out procedures must be adhered to for continuance of IDP coverage. Check-out Time: Check-out is no later than 10:00 AM on the departure date stated on this Agreement. Removal of Trash: All trash must be removed from the Property and placed in outside receptacles; Personal Items: Items left behind are not the responsibility of Agent and will not be kept for more than ten (10) days. Should Tenant find that Tenant left something behind, contact us immediately and we will make every effort to locate the item(s). In the event the item(s) is found, Agent will notify Tenant the items(s) is available for pickup or shipping. All shipping and handling cost will be the expense of Tenant. Clean and Return: All dishes to cabinets; remove all items from the refrigerator; Secure Property: Lock all doors and windows; return all keys and parking passes (if applicable) to the check-in office. If Tenant checks-out before our office opens, please drop keys in the door slot or drop box located at the check-in office. No occupancy of the Property, including driveways, outside showers, pools or hot tubs after check-out will be permitted. Tenant may be charged up to an additional day rental if Property is occupied after check-out.
10. PROPERTIES & FURNISHINGS are property specific, as each property is individually owned. Agent represents the Property Owner as the managing Agent. As managing Agent, Agent requests that the Property Owners furnish and stock the Property with the vacationing Tenant in mind, providing well stocked kitchens with adequate cookware and dinnerware; comfortable and clean mattresses including mattress pads, bedspreads and pillows; well operating appliances, updated electronics and internet services, but ultimately it is at the discretion of the Property Owner to furnish and stock the Property as they see fit. Furnishings, appliances and electronics: Properties are photographed and offer a written description through the website. In addition, our reservation staff can answer specific questions regarding each property. All fireplaces are for decorative purposes only, they are nonfunctional and should not be used. Cleaning & Maintenance: Every effort has been made during the cleaning and inspection process to ensure that all furnishings and equipment is in good working order, the Property is clean and is ready for occupancy; however if the Property is not cleaned to Tenant's satisfaction, or a maintenance issue/mechanical failure has occurred, please call our office immediately. We will send a housekeeper or a maintenance tech to take care of concerns. Internet Service & Cable: Home Owners are required to provide basic internet. The purpose of this is for basic email service and internet searches. Home Owner is not required to provide the level of internet to have multiple internet streaming devices operating at the same time. Home Owners are required to provide basic cable. Specific channels and not guaranteed. Rules of the House: In the event there are rules specific to the Property either required by the Property Owner or if applicable from an HOA, they will be posted at the home and Tenant's compliance is necessary. Rental Unit for Sale: Occasionally a Property may go on the market for sale. In such cases Agent reserves the right to show the Property to potential buyers. Agent will make every effort to schedule the showing at a time that is convenient for Tenant, so as not to interrupt Tenant's vacation. Tenant’s cooperation is appreciated. Consumable Products: Paper products, laundry/dish detergent, personal toiletry items and food staples are not included in the Properties. Linens: Linens are included with all Properties for reservations up to 21 days. Beach Equipment & Misc. Items: Many items are available through a local rental company at the time of booking or from our website.
11. SMOKING IN A NON-SMOKING PROPERTY: If any member of Tenant's party smokes, we respectfully ask that Tenant not reserve a Property where smoking is prohibited. Evidence of smoking within a non-smoking Property, including the odor of smoke, will incur the cost of cleaning and deodorizing as a charge to the credit card on file, with a minimum fee of $100. Please see individual Property listing for smoking or non-smoking status.
12. PETS: Pets are not allowed in properties that are not pet friendly. If it is determined there is an undisclosed pet in a non-pet friendly Property, the Tenant will be in material breach of the lease and grounds for expedited eviction will apply in addition to a $200.00 fine and a $100.00 per day pet fee. For pet friendly properties, a non-refundable pet fee will be required. Pets must be disclosed for pet friendly properties at the time of booking. For pet friendly properties, there is a limit of 2 pets. Agent reserves the right to inspect the Property without notice to verify compliance with pet terms and conditions.
13. PARKING: Many properties have a limit on the number of vehicles that may be parked at the unit, this limit is typically 1 or 2 vehicles. Please check the vehicle limit before booking a property. Intracoastal will not be able to accommodate extra vehicles over the posted vehicle limit. When required, parking passes are included in the check-in package and MUST be displayed at all times during tenancy. Failure to display passes may result in being towed. Towing is an action through the community and/or HOA. Agent has no ability to prevent the action, and does not assume any liability of the action. Please keep all vehicles locked and secured while parked. Agent is not liable for damage, theft or missing Property from vehicles parked during tenancy. Boats, trailers, jet skis, recreational vehicles, and the number and size of vehicles are regulated and strictly enforced. No mobile homes, tents, RV’s, campers, trucks with campers, camping trailers, or other accommodations of any type are permitted on the Property during tenancy.
14. UTILITY WORK AND/OR CONSTRUCTION: Agent cannot control utility work and/or construction occurring outside the rented Property. There are no rebates or discounts given for utility or construction work occurring near or adjacent to Property. New Hanover County’s noise ordinance is enforceable from 11 PM to 7 AM.
15. MANDATORY EVACUATION: If State or local authorities order a mandatory evacuation of an area that includes the Property subject to a vacation rental, the Tenant under the Agreement, whether in possession of the Property or not, shall comply with the evacuation order. Upon compliance, the Tenant shall be entitled to a refund from the Property Owner of the rent, taxes, and any other payments made by the Tenant pursuant to the vacation rental agreement as a condition of the Tenant's right to occupy the property prorated for each night that the Tenant is unable to occupy the property because of the mandatory evacuation order. The Tenant shall not be entitled to a refund if: (i) prior to the Tenant taking possession of the property, the Tenant refused insurance offered by the Property Owner or Agent that would have compensated the Tenant for losses or damages resulting from loss of use of the property due to a mandatory evacuation order; or (ii) the Tenant purchased insurance offered by the Property Owner or Agent. As tenants are offered Travel Insurance (Item 4) that would have would have compensated the Tenant for losses or damages resulting from loss of use of the Property due to a mandatory evacuation order prior to taking possession, Tenant will not be entitled to a refund. Therefore, insurance is strongly recommended.
16. PROPERTY SUBSTITUTIONS: In the event the Property stated on the Agreement becomes unavailable for any reason, Property Owner/Agent obligations are limited to notification to Tenant, a full refund of all monies received for unavailable Property, and a good faith effort by Agent to locate a reasonably comparable replacement. Agent reserves the right, and will make every effort to substitute a comparable property however, if reasonable or desirable property is not available or acceptable to Tenant, then Agent will refund all monies to Tenant. If Tenant desires a specific property, but property is more expensive, Tenant agrees to pay the difference. Tenant waives all claims against Property Owner and Agent for property substitutions.
17. TRANSFER OF PREMISES. (a) If the Property Owner voluntarily transfers the Property, Tenant has the right to enforce this 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, the grantee or the grantee’s 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. However, if the grantee engages Agent to continue managing the Property after the transfer, the grantee shall have no obligation under (i) or (ii) above if this Agreement must be honored under the Vacation Rental Act or if the grantee agrees in writing to honor this Agreement. (b) Upon termination of the Property Owner’s interest in the Property, whether by sale, assignment, death, appointment of a receiver or otherwise, the Property Owner, Property 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 Property 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 Property 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.
18. PROPERTY OWNER'S DUTIES. Intracoastal Realty acts solely as the rental Agent for the Property Owner. The Property Owner, not the Agent, is required to provide a fit and habitable Property and to comply with N.C.G.S. 42A-31. The Property Owner of a residential Property used for a vacation rental 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 reasonably and promptly repair all electrical, plumbing, sanitary, heating, ventilating, and other facilities and major appliances supplied by him or her upon written notification from the Tenant that repairs are needed. (5) Provide operable smoke detectors. The Property Owner shall replace or repair the smoke detectors if the Property Owner or Agent is notified by the Tenant in writing that replacement or repair is needed. The Property 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 Property Owner or Agent. (6) Provide at least 1 operable carbon monoxide alarm per level, either battery-operated or electrical. The Property Owner shall replace or repair the carbon monoxide alarms within 3 days if the Property Owner or Agent is notified of needed replacement or repairs in writing by the tenant. At least every six months, the Property Owner shall ensure that a carbon monoxide alarm is operable and in good repair. The Property Owner shall place new batteries in a battery-operated carbon monoxide alarm annually 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 as negligence on the part of the tenant or the Property Owner or agent.
19. TENANT’S DUTIES. The Tenant of a residential Property used for a vacation rental shall: (1) Keep that part of the Property which 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 that he or she uses. (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 Property 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 Property inside the Property that is in his or her exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the Property Owner or his or her Agent, defective products supplied or repairs authorized by the Property Owner, acts of third parties not invitees of the Tenant, or natural forces. (NOTE: See section five (5) for protection from damage covered under Incidental Damage Program.) (7) Notify the Property Owner or Agent of the need for replacement of or repairs to a smoke detector. The Property 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 the Property Owner or Agent. (8) Notify the Property Owner or Agent of the need for replacement of or repairs to a carbon monoxide alarm. The Property Owner shall annually place new batteries in a battery-operated carbon monoxide alarm, 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 the Property Owner or Agent. (9) If the Property is part of a Property Owner’s Association, comply with the Declaration and any Rules & Regulations of the Property Owner’s Association.
20. DISCLOSURE: Agent has a contractual relationship with the Home Owner of the properties we manage. This relationship employs us to act as their Agents and treat all parties, both Tenants and Property Owners, honestly, fairly, and in good faith. The price of any services provided by or through Agent, including but not limited to, maintenance, housekeeping, Incidental Damage Program, Travel Insurance, linen and equipment rentals, telephone service, etc. may include a profit for the Agent.
21. ACKNOWLEDGMENT: If Tenant or any member of his/her party commits a material breach of this Agreement, Tenant acknowledges that: (i) Agent may terminate this Agreement immediately, (ii) any monies paid in relation to this Agreement may be retained by the Agent and/or the Property Owner in full, and (iii), any such breach will be grounds for expedited eviction.
22. INDEMNIFICATION AND HOLD HARMLESS; RIGHT OF ENTRY; ASSIGNMENT; LIMITATION OF REMEDIES AND DAMAGES. Tenant agrees to indemnify and hold harmless Agent and the Property Owner from and against any liability for personal injury or property damage sustained by any person (including Tenant’s Tenants) as a result of any cause, unless caused by the gross negligence or willful act of Agent or the Property Owner, or the failure of Agent or the Property Owner to comply with the Vacation Rental Act. Tenant agrees that Agent, the Property 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 Agent or Property Owner may deem appropriate, or to show the Property to prospective purchasers or Tenants. Tenant shall not assign this Agreement or sublet the Property in whole or part without written permission of Agent. If for whatever reason, or for no reason, Agent and/or Property Owner are unable to deliver possession of the Property in a fit and habitable condition or substitute a reasonably comparable property in such condition to Tenant, Tenant’s sole and exclusive remedy against Agent and/or Property Owner is a refund of any sums paid to Agent and/or Property Owner and neither Agent and/or Property Owner shall be liable to Tenant for any incidental or consequential damages as result thereof. Tenant shall further not be entitled to any refund due to unfavorable weather, travel delays, construction activity, pollution, noise, and disruption of utility services, nuisances, and lack of parking or otherwise.
23. NON DISCRIMINATION. Agent shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap, familial status, sexual orientation or gender identity of any Tenant.
24. GOVERNING LAW; VENUE; TIME LIMITS FOR LEGAL ACTIONS. The parties agree that this Agreement shall be deemed to have been entered into in the State of North Carolina and shall be governed by and construed in accordance with the laws of the State of North Carolina, and that in the event of any legal action arising from the Agreement, including, but not limited to, breach of contract or warranty, express or implied, negligence, breach of care, errors, omissions, strict liability, torts, or claims arising under any rule, regulation or statute shall only be instituted in the county where the Property is located, and not elsewhere. Tenant hereby submits himself/herself to the jurisdiction of the State and Federal Courts of the State of North Carolina. Any legal action arising from the Agreement including, but not limited to, breach of contract or warranty, express or implied, negligence, breach of care, errors, omissions, strict liability, torts, or claims arising under any rule, regulation or statute, must be filed in the State and Federal Courts within the State of North Carolina within one (1) year from the end of the tenancy created by this Agreement, or shall be considered time barred.
25. CONFLICT WITH VACATION RENTAL ACT; SEVERABILITY OF PROVISIONS If any provision of this Agreement is in direct and irreconcilable conflict with a provision of the Vacation Rental Act, that provision of the Vacation Rental Act shall be inserted in its place without affecting any other provisions of this Agreement. If any other provision of this Agreement is declared unenforceable for any reason by a Court of competent jurisdiction, the other provision of this Agreement shall remain in full force and or effect.
26. FORM OF AGREEMENT. This Agreement has been drafted by the attorney for the Agent. If Tenant does not understand the Agreement or feel that it does not protect their legal needs, Tenant should consult a North Carolina real estate attorney before Tenant signs below.