LEASE AGREEMENT TERMS – please read carefully

PRE-ARRIVAL INSTRUCTIONS Arrival information will be e-mailed to you 4 days or less prior to check-in.

This is a Vacation Rental Agreement under the North Carolina Vacation Rental Act (VRA). The rights and obligations of the parties to this agreement are defined by law and include unique provisions permitting the disbursements 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. Resort Realty of the Outer Banks, Inc., hereinafter “Agent”, does hereby lease and rent to Tenant on behalf of the Owner that certain Property described above, under the following terms and conditions including all terms and conditions of the North Carolina Vacation Rental Act as well as Rules & Regulations described in our current rental brochure and website. Resort Realty as Agent for the Owner is representing the interest of the Owner in this transaction. FAMILY GROUPS/NO SPECIAL EVENTS: Resort Realty is authorized, through their contract with the Owner, to rent only to family groups and only to allow Special Events in homes that authorize Special Events after paying a Special Event Fee. The Tenant shown above acknowledges that he/she is at least 24 years old and understands that he/she must personally occupy the property for the entire period. Tenant further acknowledges that he/she may not rent the Property in connection with a non-family use such as a high school, college, or civic group and to do so constitutes a material breach which would be grounds for immediate EVICTION. Furthermore, the home may not be used for Special Events such as, but not limited to, weddings, anniversaries, birthday parties and family reunions unless the home specially authorizes those uses and, a Special Event Fee is paid pursuant to an Event Home Amendment to this Lease Agreement. NO EXCEPTIONS, NO REFUNDS. PROPERTIES ARE PATROLLED ON A REGULAR BASIS. N.C. GEN. STAT. 14-100 MAKES IT A CRIME TO OBTAIN THIS RENTAL PROPERTY UNDER FALSE PRETENSES. MAXIMUM OCCUPANCY: as advertised, must not be exceeded. Occupancy count does not include children under the age of three. The hosting of parties, which would increase maximum occupancy in the home, on decks, stairs or anywhere on the property, is a violation of your vacation rental agreement. OVER OCCUPIED PROPERTIES CONSTITUTES A MATERIAL BREACH AND ARE SUBJECT TO IMMEDIATE EVICTION. NO REFUNDS, NO EXCEPTIONS. CANCELLATIONS: You booked your reservation through Airbnb and agreed to the property's cancellation policy. To cancel, you MUST do so through your Airbnb account with Resort Realty. Refunds are only issued according to that policy. Trip insurance is non-refundable. The remaining balance is due 60 days before your arrival and will be automatically charged to your card on file.
LINENS PROVIDED: Linens and towels will be provided for all advertised bedding and 1 Towel Set will be provided per person for the advertised occupancy. 1 Towel Set includes 1 bath towel, 1 hand towels and 1 wash cloth. Each full bathroom will receive 1 bath mat. Bed making service on your check-in day is included, except for bunk beds (any type), sleeper sofas and trundles. Tenant may also purchase additional towel sets. For prices, or to arrange any of these extra services, please contact our office as they must be ordered and paid for up to 2 weeks prior to your check-in date. Any laundering needed during your stay will be the responsibility of the guests. TAXES: as required by North Carolina including the collection of a Sales and Use Tax (6.75%) and an Occupancy Tax (6%) on all fees for goods and services charged to Tenants, including the rental fee set forth above will be collected from you. Taxes are subject to change. PET POLICY: The owners of the properties have determined: a. If their home will be pet friendly. Pets shall be limited to a maximum of two (2) domestic, housebroken, non-destructive adult dogs (no puppies or any other type of animal). With a pet friendly home, there is an additional nonrefundable fee outlined on our website. b. Some of our homes do not permit pets but, assistance animals are allowed. The tenant must provide the following information regarding the assistance animal, in order to be permitted to keep an assistance animal on the premises: Description of permitted assistance animal required (if bringing none, type N/A) c. (i)Tenants are required to clean up after animals, including surrounding property, if necessary. Animals are not permitted in pools and/or hot tubs. Local governmental regulations and homeowners associations rules and regulations concerning animals change constantly. Some do not allow animals on the beaches at all and others only during the off season. (ii)The Tenant understands that any animal, whether pet or assistance animal, may be removed if the Owner or its agent determines that the animal poses a direct threat to the health, safety or welfare of others that cannot be eliminated or, the animal would cause substantial physical damage to the property of others that cannot be reduced or eliminated. Tenant agrees to reimburse Owner and agent for any primary or secondary damages caused by any animal kept by Tenant on the Premises, whether the damage is to the Premises or to any common areas used in conjunction with the Premises. Tenant further agrees to indemnify and hold Owner and Owner's agent harmless from any liability to any third parties which may arise due to the conduct or activities of the animal. (iii) I HAVE READ AND UNDERSTAND THE PET AND ASSISTANCE ANIMAL PROVISIONS AND BY MY INITIALING, CERTIFY THAT I WILL BE KEEPING OR NOT KEEPING A PET OR AN ASSISTANCE ANIMAL IN THE PREMISES. d. We have a few homes that are denoted as pet prohibited homes. These homes do not allow any animal (assistance or not) to enter the home or to be on the home's property at any time. These homes are specifically set aside to protect guests and owners from animal allergens, and therefore, these homes have a strict no animal policy in place. There are a sufficient number of other either pet friendly and/or assistance allowing homes that are comparable that will be available. Violation of this policy is grounds for immediate eviction without refund and the payment of a $500.00 cleaning fee. TERMINATION: If Tenant or any member of his/her party violates any of the terms of this agreement, then Agent may, at Agent's sole discretion, terminate this lease with no refund of the unused portion of the rents and may enter the premises and remove Tenant, the members of his/her party and their belongings. The North Carolina Vacation Rental Act contains provisions regarding an expedited eviction procedure pursuant to North Carolina General Statute Section 42A-23 et seq. Any material breach as set forth herein will entitle the Owner and/or Agent to apply for the expedited eviction procedures. A material breach shall include, but not be limited to, any failure to comply with the terms of this agreement by tenant or their guests, damage to the property or any portion thereof by the tenant or their guests, any illegal activity at the property by the tenant or their guests and failure to vacate as called for herein in a timely basis.

DAMAGES: Tenant covenants and promises to surrender the property in as good and in the same condition as of commencement of the rental period, reasonable wear and tear excepted, and to reimburse Owner any amount to cover loss or damages, including attorney's fees for all damages. Tenant agrees to verify inventory upon checking into house and further agrees to report any discrepancies to Resort Realty staff immediately. Agent, or Agent's representatives, will inspect property upon Tenant's departure and charge all costs for damages due to extra cleaning, repairs, or replacements. Damages to the Property during the occupancy are the Tenant's responsibility and must be reported to Resort Realty immediately and paid for prior to departure. If the cost of the damages is undeterminable by the time of departure, the Tenant shall remain responsible for such costs and agrees to pay promptly when notified by Agent of assessed amount. Tax must be charged on the assessed damage amount. In homes with hot tubs or pools, Tenant will be charged for mid-week spa or pool cleaning resulting from overcrowding or misuse. Rearranging of furniture and relocation of grills is not permitted. TENANT MUST LEAVE PROPERTY IN GOOD CONDITION, ALL DISHES WASHED AND PUT AWAY, ALL FOOD REMOVED FROM REFRIGERATOR AND REFRIGERATOR WIPED CLEAN, AND ALL TRASH REMOVED FROM HOME.
HOMES WHICH MIGHT REQUIRE A SECURITY DEPOSIT: Some of our properties may require a security deposit. The purpose of the security deposit is to guarantee the owner a source of funds to pay certain expenses and to cover cost of damage to the property or theft occurring during your occupancy. The security deposit shall be applied to certain costs, damages or theft as permitted pursuant to the North Carolina Tenant Security Deposit Act and the Vacation Rental Act and for your failure to comply with Section 13, above. After your occupancy, the premises will be inspected to determine if such damage or theft or failure to comply with Section 13, above, has occurred. Agent is obligated to apply, account for, or refund Tenant Security Deposit monies within 45 days following the conclusion of the tenancy. You, as Tenant, are obligated to notify Agent of any damage or theft which occurs during your tenancy. PRIVATE POOLS, COMMUNITY POOLS AND HOT TUBS: Many of our homes feature private pools, (some heated; check property description) and hot tubs for your vacation enjoyment and may incur an additional per week charge, please check the property description for price. Pool heaters will warm a pool to the operating temperature of 75-85 degrees Fahrenheit in 24-48 hours - depending upon the ambient air temperature. If the outside temperature at your vacation home drops below 55 degrees Fahrenheit, then the pool heater will not operate, and the pool will not be heated. If the overnight temperature drops below 50, the pool may not be able to return to the operating temperature range during the following day. All guests should note that pool heat cannot be guaranteed, as sometimes mechanical devices fail, or environmental factors will not allow the pools to be heated. Guests must notify the company of failure of pool heat on the day, so that the temperature or the equipment can be checked by personnel. Unheated Pools will be available: 04/19/2025 to 10/11/2025. Heated pools are available from: 04/05/2025 to 10/18/2025. Pools will not be available outside of these scheduled dates unless noted in property description. Hot tubs are available year-round unless otherwise indicated in property description. Pool and hot tubs are chemically serviced and cleaned regularly. It is the guests’ responsibility to follow the posted rules for the pool and hot tub. Homes which are not equipped with hot tubs do not allow rental of soft spas/hot tubs by guests due to possible electrical and/or structural damage. Community Pool policies, including dates of availability, are determined by the individual Homeowner Associations, not by Resort Realty and are subject to change. Community Pools are not heated and are normally open Memorial Day to Labor Day, but please check with one of our vacation specialists about the open and close dates for the particular property you are inquiring about. INSPECTION AND REPAIRS: To property, its fixtures, appliances, furnishings, and facilities may be made by Owner, Agent or Agent’s subcontractor(s) during the rental period. Tenant will allow access to the Premises to Resort Realty, to repairmen, and to other real estate Agents and potential buyers upon reasonable notice except in cases of emergency. Resort Realty will make every effort to schedule access to the Property so as to not unduly interfere with Tenant’s vacation, but Tenant understands that such access must be granted upon request. TENANT MAY BE CHARGED UP TO AN ADDITIONAL 1 DAY RENTAL IF PROPERTY IS OCCUPIED AFTER CHECK-OUT. CHECK-IN: is guaranteed by 6:00 PM on your arrival date. In extreme situations check in time may need to be extended past 6:00 PM for additional cleaning and regular maintenance. Tenant shall not be on the Property, including driveways, outside showers, pools, and hot tubs prior to check in. If available, Early Check In can be added for an additional $150 plus tax. Please contact reservations department to check availability, order, and pay no later than 2 weeks prior to your check-in date. TENANT MAY BE CHARGED UP TO AN ADDITIONAL 1 DAY RENTAL IF PROPERTY IS OCCUPIED PRIOR TO CHECK IN. Keys will not be released nor will Keyless Entry codes be activated until stated check in time. CHECK-OUT: on the day of departure will be no later than 10:00 A.M. Keyless entry codes will expire no earlier than 10:00 AM. If keys were provided, Tenant may leave keys in the property on check-out day. Make sure to lock all windows and doors and that ALL trash has been removed. No occupancy of the property, including driveways, outside showers, pools and hot tubs after check-out will be allowed. If available, Late Check-Out can be added for an additional $150 plus tax. Please contact the reservations department to check availability, order, and pay no later than 2 weeks prior to your check-in date. Tenant shall not be on the Property, including driveways, outside showers, pools and hot tubs after check-out. Agent may accept commissions from independent businesses for goods and services pertaining to the property or the tenancy, such commissions being based on a percentage of the total charge. Agent/Owner is not responsible for items left behind after check out by Tenant or any member of their party. LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY: A. In the event that the Owner is unable to allow the Tenant the use of said Property because of fire, eminent domain, act of nature, double booking, foreclosures, delay in construction or any other reason whatsoever, Tenant hereby agrees that Agent and Owner’s sole liability as a result of any such condition is a refund of the prorated rental for each day Tenant is unable to use the Property. Except as otherwise provided in this section, if, at the time the Tenant is to begin occupancy of the property, the Owner or Agent cannot provide the property in a fit and habitable condition or substitute a reasonably (priced) comparable property in such condition, the Owner and Agent shall refund the Tenant all payments made by Tenant. B. Tenant understands there are inherent risks associated with any property, including risks associated with any special feature, such as a spa, hot tub, sauna, Jacuzzi, pool, elevator, etc and that children should be supervised at all times during use. Tenant certifies that they are thoroughly familiar with how to properly use the Premises including all special features included therein or thereon. Tenant will be responsible to explain to Tenant’s guests how to use each and every feature of the dwelling. Tenant hereby releases and agrees to indemnify the Owner and Resort Realty, their Agents, employees and officers from and against all liability, should anyone be injured upon the Premises during the term of this lease, resulting from any cause whatsoever, except for a personal injury caused solely by the negligent act of the Owner, or his Agent or Agent’s employees. Tenant further agrees to indemnify and save harmless Owner, Resort Realty, their officers, Agents and employees from any claims made by Tenant or Tenant’s guests for injury or liability to person or property. Tenant further agrees that Tenant is responsible and will be liable for, and will pay upon request, any damages that occur to the Premises or any portion thereof due to Tenant or Tenant’s guests misuse and/or negligent use of the Premises or any portion thereof. C. Tenant shall not be entitled to any refund or rebate due to any acts of nature, wildlife or pests, delay in checking in, inability of Tenant to access the Property for any reason, unfavorable weather, disruption of internet or utility services, malfunctioning or missing equipment/appliances/furnishings, surrounding construction and associated noise, beach nourishment construction, empty propane gas cylinders for fireplaces or gas grills, the fact that pets, including but not limited to, service animals have been in the property, or any other situation occurring not under Agent’s control. Tenant covenants and agrees to vacate upon a mandatory evacuation order or if Agent in Agent’s sole discretion, deems it in the best interest of the Tenant to vacate. The Tenant shall not be entitled to a refund if prior to taking possession of the property the Tenant refused trip cancellation insurance offered by the Owner or Agent that would have compensated him or her for losses or damages resulting from the loss of the property due to a mandatory evacuation or if the Tenant purchased trip cancellation insurance offered by the Owner or Agent. In the event of a Mandatory Evacuation the rentals will be governed by the Provisions of North Carolina General Statues 42A-36. TRIP CANCELLATION INSURANCE IS HIGHLY RECOMMENDED TO PROTECT AGAINST UNEXPECTED EVENTS. D. Every effort has been made to ensure that the information in this agreement, Rental Brochure, and website are correct. However, we will not be responsible for any errors contained herein. E. Properties represented may be owned by a North Carolina Real Estate Broker or Salesman or a licensee of another State. F. If the Property is voluntarily transferred by the Owner, a Tenant has the right to enforce this agreement against the Grantee of the Property if the vacation rental is to end one hundred eighty (180) days or less after the date the Grantee’s interest in the Property is recorded; if the vacation rental is to end more than one hundred eighty (180) days after recordation of the Grantee’s interest in the Property, the 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, the Tenant is entitled to a full refund of any payments made. Prior to entering in to any contract of sale, the Owner shall disclose to the grantee the time periods that the property is subject to a vacation rental agreement. Not later than 10 days after transfer of the property (1) the Owner shall disclose to the grantee each Tenant’s name and address. (2) Advise each Tenant whether or he/she has the right occupy the property (3) advise each Tenant whether he/she has the right to receive a refund. Except as otherwise provided in this subsection, upon termination of the Owner’s interest in the residential property subject to a vacation rental agreement, whether by sale, assignment, death, appointment of receiver otherwise, the Owner or the Owner’s Agent, or real estate broker, shall within 30 days, transfer all advance rent paid by the Tenant and any portion of the fees remaining after any lawful deductions are made under G.S 42A-16, to the Tenant. Compliance with this subsection shall relieve the Owner and Agent of further liability with respect to any payment of rent or fees. If prior to the Tenant’s occupancy of the property the Owner’s interest in the property is involuntarily transferred to another, the Owner shall refund to the Tenant within 60 days after the transfer any payments made by the Tenant. The failure of Owner to comply with the provisions of this section shall constitute an unfair trade practice in violation of G.S 75-1.1. Owner who complies with the requirements of this section shall have no further obligations to the Tenant. G. Tenant is advised that many homes and some homeowners associations have cameras covering the exterior of the buildings. By execution of this Lease Agreement, Tenant consents on behalf of yourself and all other occupants to the use of such.

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 witness whereof, this agreement is executed by the parties hereto. Tenant acknowledges and accepts all terms and conditions as set forth in this the agreement, and the rules and regulations below. Tenant acknowledges that the rules and regulations are integral terms of this agreement and a breach of such rules and regulations constitutes a breach of this agreement. Tenant also acknowledges that Agent is representing the property Owner of each home in the rental program. Tenant’s signature is evidence of acceptance of all terms and conditions of the agreement, the rules and regulations, and the total amount due of (Reservation Grand Total) RESORT REALTY OF THE OUTER BANKS, INC. RESORT REALTY RULES, REGULATIONS, AND INFORMATION:

1. ACCESS for most homes is a keyless entry lock, if your property has keyless entry, you will be issued a code for the duration of your stay.  If your property is keyed (2 sets) of keys will be issued to the leaseholder at check-in, along with directions to the property. 
2. EQUIPMENT AND FURNISHINGS in all properties is the Owner’s personal taste. Properties are set up for normal housekeeping. Kitchen equipment, mattress pads, pillows, and bedspreads are provided.
3. GUEST will be responsible for furnishing their own paper products, cleaning supplies, food items and any personal items needed during their vacation.
4. APPLIANCE MALFUNCTIONS and service requests from guest will be responded to as soon as possible. There are ABSOLUTELY NO REBATES issued to guests for any reason, as every good faith effort is made to ensure that the Property is maintained. This NO REBATE policy shall include the loss of use of TV, VCR, DVD, stereo, internet or Theater Room equipment, hot tub, pool, or any other household equipment due to mechanical failure, power outage, water system outage, Cable TV service disruption or any other electronic or entertainment system. No warranty is made, expressed or implied, as to the suitability (habitability) of the premises. Resort Realty is not responsible for changes, additions, or deletions of equipment in the properties.
5. MAIL or messages will be held for Guest and may be picked up at the appropriate rental office during business hours. Please advise family and friends of your property name and number.
6. PERSONAL ITEMS left in the home after check-out are not the responsibility of Resort Realty.
7. HOUSEKEEPING SERVICES may be purchased for mid-week and check-out cleaning at an additional cost. Please contact the housekeeping department to check availability, order, and pay no later than 2 weeks prior to your check-in date.
8. GRILLING is only permitted on concrete driveways with a minimum of 25 feet from the house. No grilling is allowed on decks, porches, and wooden walkways or in carports. Please leave grill cleaned and ashes dumped upon departure. Some homeowner and condo associations prohibit grilling on the premises. Grilling at a property that does not permit is a violation of the vacation rental agreement. Please check with Resort Realty to ensure that this is permitted if property does not advertise a grill.
9. FIREPLACES are not to be used from May 10th through September 6th.
10. FIREWORKS are not permitted on ANY of Resort Realty’s properties.
11. EMERGENCY AFTER HOURS PHONE NUMBER will be supplied to guests with their pre-arrival information. Please utilize this number for TRUE emergencies only.
12. SMOKE ALARMS: Guest acknowledges that he/she will report any malfunction in these items promptly to Agent and will hold Agent harmless if he/she has not done so.
13. INTERNET: If your property provides internet access, Tenant agrees that neither Tenant nor any of Tenant’s guests will use the internet for any illegal or fraudulent activity or for any improper purposes including copyright or trademark infringement, spamming, hacking, or any threatening behavior including, but not limited to, any such improper behavior as defined in the Digital Millennium Copyright Act of 1998. There are no refunds for outages or disruptions of internet service.
14. PARKING/RV’S/BOATS: Normal parking spaces available at rental homes are one vehicle per bedroom, with a maximum of five vehicles. However, there are numerous rental properties that have fewer actual spaces for vehicular parking. Most condominiums usually only have enough parking for two vehicles per individual condominium. Please note that parking restrictions are STRICTLY ENFORCED in almost all areas of the Outer Banks. Do not park on the street in front of your rental property. If you do so, you risk being towed or ticketed. Local ordinance of the municipalities and counties prohibit the connection of RV’s or use of RVs for occupancy purposes. Certain subdivisions also prohibit the parking of RVs in driveways of properties and many subdivisions have very strict rules regarding trailers, i.e., motorcycle trailers, boat trailers, Jet Ski trailers that must also be complied with. We recommend that you review the Restrictive Covenants of the subdivision and/or condominium project where your rental unit is located in order to get a better understanding of the rules that you must comply with. Resort Realty is not responsible for and will NOT provide you copies of these Covenants.
15. SIGNS/FLAGS: Tenant acknowledges that no signs or flags or comparable items are to be allowed or placed on the Property by Tenant at any time. This prohibition includes political signs as defined by N.C.G.S. §47F-3-121.
16. SMOKING POLICY: All Properties are designated as non-smoking, non-vaping. Violation is also subject to a $300 smoke cleaning fee.