1. This Agreement must be signed by Tenant with the payment currently due, within two (2) days from the date reflected in the upper right side of this Agreement. Tenant understands there is no binding reservation until payment is acknowledged and executed Agreement is returned to Agent. Final payment for the balance is due thirty (30) days prior to Arrival Date. If balance is not paid when due, it will be a material breach, Agent shall treat the reservation as a cancellation, Tenant shall be in default, and Agent will attempt to re-rent the property to minimize losses.
2. Tenant agrees that they have been offered the opportunity to purchase travel insurance in order to protect their monetary investment by covering a variety of situations that may interrupt their vacation. If local authorities give a mandatory evacuation order, Tenant agrees to comply with the order. In the event of a mandatory evacuation during the Term of this Agreement, there will be no refund of rent expected of Agent. Travel insurance can be purchased until the final balance is tendered to the Agent (or 30 days prior to arrival). Tenant understands that the Agent makes a commission on travel insurance.
3. For any stay of 21 days or less, Tenant is automatically enrolled into a Property Protection Plan (PPP) unless a refundable security deposit option is specifically requested by Tenant. PPP protects Tenant from up to $1,500.00 in reported accidental damage to the property due to inadvertent acts. The plan does not cover negligent, willful, or wanton conduct. Tenant agrees that any cost for repair, replacement or remediation resulting from damages that are not covered by the PPP will be automatically charged to the credit card associated to the reservation where the damage occurred. Smoking or Pet Damage is not covered by the PPP. Tenant is responsible for notifying Agent of damage or theft during Tenant’s occupancy, otherwise the plan is void. Payment for PPP must be paid when final balance is paid. If credit card on file is unable to be processed, tenant acknowledges that they may be sent to collections.
4. Tenant executing this lease, as the responsible party shall be at least 25 years of age. Tenant understands that Agent rents only to family groups. No high school, college, house party or civic groups are permitted. Violation of this policy is a material breach resulting in termination of tenancy and a default of this Agreement by Tenant.
5. In the event Tenant requests cancellation of this Agreement, Tenant shall send written notice to Agent. If premises are re-rented, a refund of advance rent will be made less a $300.00 cancellation fee. Agent will try to re-rent to minimize losses. If cancelled 60 days prior to stay date, Tenant will receive 100% of the amount paid less a $300.00 cancellation fee. If the reservation is cancelled less than 60 days prior to arrival date, there is no refund unless the property has been re-rented. Agent recommends purchase of Travel Insurance for all reservations. If Travel Insurance has been purchased, Tenant must file a claim directly through the insurance provider.
6. Tenant agrees that Agent will place all payments and deposits into a non-interest-bearing escrow / trust account with Southern Bank Of Wilmington, NC.
7. Prior to Tenant's occupancy of the Premises, Agent shall not disburse from the escrow account an amount greater than fifty percent (50%) of the total rent except that Agent may disburse any fees owed to third parties to pay for goods, services, or benefits procured by Agent for the benefit of Tenant including permitted administrative fees. Agent may disburse remaining funds on the Arrival Date or due to a material breach of the Agreement by Tenant or other occurrences as set forth in the Vacation Rental Act, which Act is by reference specifically incorporated herein for purposes of this Agreement.
8. Tenant understands and agrees that Agent charges a $300.00 fee to transfer, change or cancel any reservation.
9. The security deposit will be returned to Tenant within forty-five (45) days after departure date, less any actual damages permitted to be withheld under the Tenant Security Deposit Act and any unauthorized charges for which Tenant is responsible.
10. All rental fees are subject to state, county, and local taxes. However, Tenant agrees to be responsible for payment of taxes applicable on the Arrival Date. Taxes will be disbursed upon termination of the tenancy or in the event of material breach of this Agreement by Tenant. Tax amounts are subject to change.
11. Tenant agrees to maintain the condition of the Premises in accordance with Section 42A-32 of the Vacation Rental Act and Agent agrees to provide fit premises in accordance with Section 42A-31 of the Vacation Rental Act.
12. If, at the time Tenant is to begin occupancy, Agent and Owner cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition; Agent and Owner shall refund to the Tenant all payments made by Tenant. Agent reserves the right to substitute other accommodations.
13. Tenant will receive the necessary key, pool passes, security cards and parking passes for the Premises. In the event these items are not returned on Departure Date, a varying actual cost of up to $50.00 per item will be charged to card on file. Tenant agrees that returning these items at a later date will not justify a refund, as replacement items must be available immediately and security maintained for the incoming guest or Owner.
14. Tenant acknowledges the Premises are privately owned and have been decorated and equipped to satisfy the taste and desires of the Owner. Tenant may not move, rearrange, or remove any furnishing item from the property. Agent shall not be responsible for providing additional furnishings or equipment.
15. Tenant agrees to indemnify Owner, Agent, and their agents for any damage to the Premises, which occur during the Term, excluding normal wear and tear.
16. Tenant acknowledges that mechanical equipment will occasionally malfunction and neither Agent nor Owner can guarantee that it will perform. Therefore, Tenant shall not be entitled to a refund for inoperative mechanical equipment. Agent will do what is reasonably necessary to effect repairs during normal business hours upon notification by Tenant.
17. Tenant understands that if the Premises are voluntarily transferred by Owner and this Agreement is to end 180 days or less after the date the grantee's interest in the Premises is recorded, Tenant has the right to enforce this Agreement against the grantee. If this Agreement is to end more than 180 days after recordation of the grantee's interest, Tenant has no right to enforce this Agreement unless the grantee agrees in writing to honor it. If grantee chooses not to honor this Agreement, Tenant is entitled to a full refund of any payments made. The grantee will within 10 days after transfer of the Premises notify each Tenant disclosing the grantee’s name and address and the date of recording. Tenant will be advised if he has the right to enforce this Agreement or receive a refund. Upon termination of Owner's interest in the Premises whether by sale, assignment, death, appointment of receiver or otherwise, Owner and Agent are required to transfer all advance rent paid by Tenant and any fees remaining after lawful deductions to Owner's successor-in-interest within 30 days and notify Tenant by mail of such transfer and of the transferee's name and address. If this Agreement is to end more than 180 days after recordation and the successor-in-interest has not agreed to honor it, all advance rent paid by Tenant and any fees remaining after lawful deductions must be transferred to Tenant within 30 days. However, if Owner's interest in the Premises is involuntarily transferred to another prior to Tenant's occupancy, Owner shall refund to Tenant any payments made by Tenant within 60 days after the transfer.
18. Tenant acknowledges that if the Term of this Agreement is 90 days or less, the expedited eviction procedures set forth in Article 4 of the Vacation Rental Act will apply. Tenant may be evicted in an expedited eviction proceeding if Tenant does any of the following. (1) Holds over possession after tenancy; (2) Commits a material breach of this Agreement that, according to the terms of this Agreement, results in the termination of tenancy; (3) Fails to pay rent as required by this Agreement; (4) Obtains possession of the Premises by fraud of misrepresentation. Additionally, any default by Tenant in the performance of any of the promises, duties or obligations herein agreed to by him or imposed upon him by law shall give Agent the right, without notice or demand, and at the option of Agent, immediately to terminate this Agreement, to re-enter and re-rent the Premises, with or without terminating this Agreement, and to collect from Tenant any damages resulting from the default, including but not limited to, any costs of re-renting the Premises, any costs of repairing the Premises, the difference, if any, between the rent at which the Premises are re-rented and the rent provided for in this Agreement for the balance of the term, and any reasonable attorney fees incurred as a result of the default.
19. Tenant agrees not to rent any movies under the services provided at the Premises, charge any amounts to owners’ cable or TV app subscriptions or download any illegal material through the owner’s internet provider.
20. Tenant understands that no pets of any type are permitted on the Premises except for a trained assistance dog that is certified and tagged by a state department of human services. All documentation must be provided to Sea Coast Rentals at time of reservation. Absolutely No Animals of any kind are allowed on the premises unless specifically authorized in your Reservation Agreement. SCR will perform pet inspections without notifying tenant(s) if an unauthorized pet(s) is suspected. Unauthorized pets must be removed immediately or will constitute a breach in your lease agreement and may result in eviction. Tenant will be charged an unauthorized pet penalty in the amount of $500 per pet for each and every unauthorized pets. No pet sitting is allowed. No pet visitors are allowed. If an unauthorized pet is found, you also agree to treat the premises for fleas and provide a paid receipt from a professional exterminating company to SCR. Any pet previously permitted must be removed within 24 hours of written notification from SCR if the pet(s) create(s) an unreasonable noise or disturbance. SCR Will Not refund the pet fee if a pet must be removed due to unreasonable nuisance or disturbance.
21. All properties receive routine treatment for Pest Control year-round. We attempt to schedule treatments between guests; however, we cannot guarantee pest treatment will not be scheduled during your stay. We will attempt to notify Tenant as early as possible of scheduled treatments during their visit, however Tenant must allow access to the property for pest treatment at any time. Denied entry for Pest Control service by Tenant will result in a $300 inconvenience and rescheduling fee. This charge will be automatically applied to Tenant’s credit card.
22. Tenant also agrees that one or more locked closets are reserved for Owner and are not included in this Agreement. If Owner spaces are broken into, Tenant will be charged for costs of replacement of contents as well as repair.
23. Tenant agrees that Agent may enter the Premises for the purposes of necessary maintenance, repairs, sales showings, and inspection with reasonable notification.
24. Tenant agrees to take all reasonable steps to ensure that all members of Tenant's party adhere to all rules and regulations posted in the Premises and common areas. Failure to follow rules and regulations will be a material breach resulting in termination of tenancy and Tenant shall be in default of this Agreement.
25. Tenant agrees that neither Agent nor Owner nor their agents shall be liable for any damage or injury to Tenant or members of Tenant's party or to any property occurring on the Premises or any part thereof or in common areas. Neither Owner, Agent, nor their agents will be held responsible for acts of theft, vandalism, or other damage to Tenant's personal property. Tenant agrees to hold Agent, Owner, and their agents harmless for any claims of injury or damage excepting personal injury caused by negligent act of the Owner, Agent of their agents.
26. Tenant understands that the number of vehicles cannot exceed the number of designated parking places for that property. No boats, trailers, campers, buses, or recreation vehicles allowed unless otherwise stated in property description.
27. Tenant understands that if their account is sent to collections, tenant agrees, the Company hired by SCR may contact you by telephone at any telephone number associated with your account, including wireless telephone numbers, which could result in charges to you. We may also contact you by sending text messages or emails, using any email address you provide us. Methods of contact may include using pre-recorded or artificial voice messages and/or the use of an automatic dialing device, as applicable.
28. Tenant agrees to depart the Premises on or before the 10:00 AM checkout time. Tenant is subject to additional rent for any possession of the property after 10:00 AM on check out date. There is no refund for early departure.
29. Tenant agrees that in the event of a dispute, this Agreement will be interpreted in accordance with North Carolina law. Tenant agrees that this agreement is to be considered as having been entered into in New Hanover County, North Carolina. Tenant agrees that any legal action relating to this Agreement may only be instituted in New Hanover County, North Carolina, and Tenant consents to the jurisdiction of the courts of said county and waives any right or defense relating to such jurisdiction and venue. Tenant agrees this Agreement represents the entire agreement and that there are no representations or provisions other than specified in the Agreement. Any amendments must be in writing and executed by all parties.
30. Tenant agrees to leave Premises in a sanitary condition. Tenant must clean and store dishes, empty and clean refrigerator, dispose of all trash into outside containers, and secure all doors and windows. All properties are non-smoking. A $400.00 remediation fee will be charged if this policy is violated.
31. Tenant agrees that Agent reserves the right to cancel this Agreement at any time prior to Tenant taking possession of the Premises. In such event, all payments made by Tenant to Owner and Agent will be refunded and neither Agent nor Owner will be liable for any damages of any sort incurred by Tenant as a result of such cancellation. If Tenant desires to be placed in alternative premises, Agent will make a good faith effort to relocate Tenant but if alternative premises are more expensive, Tenant agrees to pay any difference.
32. Tenant agrees that maximum occupancy of the Premises as stated on the front of lease will be adhered to. More occupants than specified will be a material breach resulting in termination of tenancy and Tenant shall be in default of this Agreement.
33. No detached structures or Satellite Dishes of any kind shall be placed or erected upon any property without the prior written consent of the property management company. Approval from the property management company must be in writing.
34. Tenant understands that if a property has a pool, the pool is generally open from Memorial Day until Labor Day; however, pool closures may be dictated by the HOA or the Health Department. No refunds will be issued for these closures.
35. For any stay longer than 30 days consecutively, Addendum One will be included with this contract.
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Signature Date
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Signature Date
Updated: 1/21/2025
For: Sea Coast Rentals
Signed By: Justin A Ash - Broker In Charge
NC License #: 237304
