Family community.
This lease agreement (hereinafter referred to as the “AGREEMENT”) made and entered into this ____ day of _________ 2021, by and between HUGO ARTURO GARCIA TAPIA (hereinafter referred to as “LESSOR”), and _____________________( hereinafter referred to as “LESSEE”, whose contact information for purposes of receipt of notices hereunder is:
WHEREAS, LESSOR is the owner of the beneficial rights to certain real property being, lying and situated in
, ( hereinafter referred to as the "Premises").
WHEREAS, LESSOR is desirous of leasing the Premises to LESSEE upon the terms and conditions as contained herein;
NOW, the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
TERM. LESSOR leases to LESSEE and LESSEE leases from LESSOR the above-described Premises together with any and all appurtenances thereto, for a term of ____ (________) NIGTHS, such term beginning on __________ _, 2021, at : and ending at ___ o'clock on ___________ __, 2021
LESSEE acknowledges the contents of articles 2303, 2304, 2365, 2367, 2389 of the Civil Code of the State of Baja California Sur and waives his right to exercise the rights contained therein.
Should LESSEE desire an extension to this Agreement then LESSEE shall request it in writing to LESSOR and LESSOR may at its discretion grant such extension and in accordance with the terms and conditions included in its written consent. In the event that no extension to this Agreement has been granted upon expiration of the above defined term, LESSEE shall not under any circumstances continue to occupy the Premises. LESSEE shall pay a penalty of $___________ USD (___________ DOLLARS OF THE UNITED STATES OF AMERICA) for each day LESSEE occupies the Premises past the expiration of this Agreement.
RENT. The LESSEE delivers to the LESSOR and the latter receives in the Vacational Rent Agreement the real estate located at
Housekeeping: There is (NO) daily housekeeping service. While linens and bath towels are included in the unit, daily maid service is (YES/NO) included in the rental rate. We suggest you bring beach towells. We do not permit towells or linens to be taken from the unit.
If the LESSEE continues to use the PROPERTY after the expiration of this Lease Agreement, then the LESSEE is bound to pay a daily rent of $__________ USD Dollars per night, so long as the subject property is being occupied. A new lease agreement must be signed after the expiration date for the LESSEE to be considered a new LESSEE for the nets lease period. On the date of expiration of this Lease Agreement the LESSEE will vacate the property, or pay the daily rental rate for any days or night occupied beyond the expiration date and be willing to vacate inmediately.
DAMAGE DEPOSIT. To guarantee the compliance of this Vacational Lease Agreement, the LESSEE shall deliver the amount of $ ---------USD as deposit in advance of the Lease term to secure the vacational rental $_______USD (________________Dollars 00/100) in advance for cleaning and $200 USD) for security deposit, a total for $_____________USD( )
A deposit of $______ is due at least ____ days prior to the Check-In Date. The deposit before mentioned shall be used to guaranty damages to the Property for any misuse, and property damages. Such deposit shall be returned to LEESEE, without interest, and less any set off for any misuse, and damages to the Premises at the termination of this Agreement. Damage deposit may not at any time be applied towards rent. Should LESSEE abandon the Premises before the end of the term dictated by this contract without reason or provocation, the LESSEE shall forfeit any and all rights to said damage deposit.
Confirmation of the reservation will be emailed, faxed, or mailed to Lesse upon the receipt and the clearance of the deposit payment, only if this Agreement is signed. Please note that Reservations are not considered “Guaranteed” until the Vacation Rental Lease Agreement is signed, until the deposit payment is received in full, until a copy of the “Confirmation of Reservation” is filled out and send to LESSEE, and until the payment is submitted in full.Please read the confirmation for accuracy of dates, mailing address, number of adults and/or children and accommodations. Any errors must be communicated immediately.
PETS, pets are allowed, one pet and a pet fee shoud be charge 100 usd per pet. Also refundable security deposit for 200 usd has to be charge.
USE OF PREMISES. The Premises shall be used and occupied by LESSEE and LESSEE's immediate family and personal friends, exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by LESSEE for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. LESSEE shall not allow any other person, other than LESSEE's immediate family or transient relatives and friends who are ARRENDATARIOs of LESSEE, to use or occupy the Premises without first obtaining LESSOR's written consent to such use. LESSEE shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.
CONDITION OF PREMISES. LESSEE will stipulate, represent and warrant that LESSEE has examined the Premises, upon the walk-through of the Premise with the LESSOR, and that they are at the time of this Lease in good order, repair, and in a safe, clean and LESSEEable condition. LESSEE agrees that all ítems found on the attached APPENDIX “A” – PHOTO INVENTORY are to remain in the property and in good repair. LESSEE assumes full financial responsibility for all items on the above-mentioned APPENDIX “A” – PHOTO INVENTORY
ASSIGNMENTS AND SUB-LETTING. LESSEE shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of LESSOR. An assignment, sub-letting or license without the prior written consent of LESSOR or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at LESSOR's option, terminate this Agreement.
UTILITIES. LESSOR shall be responsible for paying for HOA DUES LESSOR shall be responsible for arranging for and paying for utility services required on the Premises. Utility services include:
PHONE/INTERNET, SATELLITE TV, GAS, WATER,
ELECTRICITY, GARDEN & POOL.
LESSEE agrees to keep the PREMISES in good, clean condition, and assure that any problems with the property are promptly reported to the LESSOR or their Rental Agent. The LESSEE agrees that any rearrangement or furniture or household ítems shall be returned to the original condition before vacating the Rental PREMISES at the expense of the LESSEE.
LESSEE accepts the condition, size and configuration of the property in “as is/where is” condition. Neither LESSEE nor LESSOR has made any representations, warranties or promises of any additional furniture or equipment in or about the PROPERTY other than that which is presently located in the property. LESSOR normally expects common áreas such as the swimming pool or pasrking áreas to be available for LESSEES use and enjoyments, however, LESSOR can not guaranty the usability of common áreas by LESSEE due to posible maintenance or repair issues out of LESSOR´S control preventing use by LESSEE that may coincidentally arise before or during LESSEE´S period of stay.
The LESSEE will be responsable for the reasonable care of the LESSOR´S furnishings, decor, plants, and the other contents of the house during their stay. Any damage to the furnishings or contents by the LESSEE will be deducted from the security deposit.
LESSEE agrees not to smoke or otherwise use, or allow any of the LESSEE´S, employees or invitees to smoke or use, any tabacco products or whatsover inside the PREMISES. Should LESSEE, LESSEE´S, employees or invitees violate this smoking restriction LESSEE shall be responsable to mitigate the consequences of inside smoking by special cleaning of draperies, blinds and upholstered godos, cleaning or washing of the walls and other surfaces, and any other actions necessary to remove the smoking odor from the PROPERTY. In addition, LESSEE agrees not to sell, possess or use, or allow any of LESSEE´S, employees or invitees to sell, possess or use, any ilegal drugs of any kind within or on the PROPERTY.
SMOKING. Smoking within the Premises shall not be allowed under any circumstances. Should there be evidence of smoking within the Premises, LESSOR shall reserve the right to terminate this contract and LESSEE shall be charged a hypoallergenic cleaning fee of $200 USD ( TWO HUNDREAD DOLLARS OF THE UNITED STATES OF AMERICA)
HAZARDOUS MATERIALS. LESSEE shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.
LESSEE agrees to abide by the rules of the neighborhood homeowner association and to respect the rights and privacies of other residents living in the community. LESSEE agrees to respect quiet time between 10:00 pm and 8:00 am. Loud noises or inappropriate behavior at any time that disturbs other residents of the community will not be tolerated and are grounds for loss of security deposit.
LESSEE agrees that use of the neighborhood common áreas and common facilities such as the swimming pools and parking áreas is done at their own risk and that LESSOR is not common facilities by LESSEE.
LESSEE agrees to Deposit all trash, garbage, rubbish or refuse in the locations provided therefore and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements.
MAINTENANCE AND REPAIR; RULES FOR LESSOR.
LESSOR will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement. Without limiting the generality of the foregoing, LESSOR shall:
(a) Keep all kitchen electronics and lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair;
(b) Keep all air conditioning maintained, filters clean and free
from dirt;
(c) Keep Premises free of rodents and pests and in good and
sanitary condition.
DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly unLESSEEable by fire, storm, earthquake, or other casualty not caused by the negligence of LESSEE, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between LESSOR and LESSEE up to the time of such injury or destruction of the Premises, LESSEE paying rentals up to such date and LESSOR refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered unLESSEEable, the LESSOR shall have the option of either repairingsuch injured or damaged portion or terminating this Lease. In the event that LESSOR exercises its right to repair such unLESSEEable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by LESSOR as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms.
SURRENDER OF PREMISES. Upon the expiration of the term hereof, LESSEE shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted, unless LESSOR authorizes an extensión.
ANIMALS. Pets are NOT allowed. OR PETS are permitted only with prior approval and the Pet Addendum must be completed and a PET FEE should be paid. The LESSOR Allows pets in the property. The LESSEE is responsible of any damage that pets can do to the property and common areas.
LESSOR reserves the right to terminate this Agreement and retain the above defined damage deposit in the event that:
- LESSEE does not fulfill or abide by each of the clauses within this Agreement.
- LESSEE conducts any illegal acts within the property.
-LESSOR receives 3 written complaints from the homeowners association about infractions of the community.
If LESSOR terminates this Agreement due to any of the above stated infractions, LESSEE shall surrender the property to LESSOR within a period of no more than 24 hours. LESSEE shall pay a penalty of $500USD (FIVE HUNDREAD DOLLARS OF THE UNITED STATES OF AMERICA)
The LESSEE cannot introduce ilegal substances in the property, cannot take any ilegal activities, or law violation or enforcement. If any of those things happens the LESSEE will be evicted inmmediatly and vacated voluntary.
Parking:
Option A. PARKING PASSES: Parking Passes are located inside the unit. Renters must display parking pass on the rear view mirror at all times. Failure to display may result in towing of vehicle at renter´s expense. Leave the parking passes inside the unit upon departure.
Option B. PARKING: Parking is limited to 1 vehicles. Vehicles are to be parked in designated parking áreas only. Parking on the road is not permitted. Any illegaly parked cars are subject to towing, applicable fines/towing fees are the sole responsability of the vehicle owner.
This unit is privately owned, the owners are not responsable for any accidents, injuries or illness that occurs while on the premises or its facilities. The Homeowners are not responsable for the loss of personal belongings or valuables of the LESSEE. By accepting this reservation, it is agreed that all LESSE´s are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise. LESSEE shall hereby indemnify, hold harmless, and agree not to sue LESSOR for/against any and all claims of personal injury or property damage or loss arising from use of the premises regardless of the nature of the accident, injury or loss. LESSEE expressly recognizes that any insurance for property damage or loss which LESSOR may maintain on the property does not cover the personal property of LESSEE, and that LESSEE should purchase their own insurance for LESSEE if such coverage is desired. We encourage all LESSEE to purchase their own traveler’s insurance.
Cancellation Policy: If LESSEE wishes to cancel his/her reservation or agreement, the deposit will be not be refunded.
The default of any obligations agreed to by the LESSEE under this Lease Agreement will result in the recession of this Vacational Lease Agreement at the option of the LESSOR, if the option is exercised, the LESSOR will demand the LESSEE vacate the real property, whitout restricting the LESSOR´S right to interpose any legal action for damages caused under the terms of the Civil Code of the State. It will be sufficient that the LESSOR notifies the LESSEE accordingly in regard to the clauses established in this lease Agreement and the LESSEE hereby agrees to vacate the real property within the term specified in such notice by the LESSOR.
QUIET ENJOYMENT. LESSEE, upon payment of all of the sums referred to herein as being payable by LESSEE and LESSEE's performance of all LESSEE's agreements contained herein and LESSEE's observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof.
GOVERNING LAW AND JURISDICTION. This Agreement shall be governed, construed and interpreted by, through and under the laws of Baja California Sur, Mexico.
All controversies between the parties relating to the interpretation of and compliance with the present Agreement initiated by LESSEE shall be resolved in the courts of the City of Cabo San Lucas, Baja California Sur, Mexico. All controversies between the parties relating to the interpretation of and compliance with the present Agreement brought by LESSOR shall be resolved exclusively in the courts of the City of Cabo San Lucas, Baja California Sur, Mexico.
Housekeeping: There is no daily housekeeping service. While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. We suggest you bring beach towels. We do not permit towels or linens to be taken from the Unit.
We will just request your id and passport to fill an agreement contract for your check inn. We will fill it and have it ready at your arrival.
Enjoy Cabo in this amazing villa. For your security we have cameras outside the villa and the ring in the front door. There are also cameras outside the gated community surveillance.